Right to counsel

Arizona , Legislation , Termination of Parental Rights (Private) - Children

Ariz. Stat. § 8-221(A) states,

 

The court shall appoint an attorney for a child in all … dependency proceedings or termination of parental rights proceedings that are conducted pursuant to this title.  The court shall appoint the attorney before the first hearing.  The attorney shall represent the child at all stages of the proceedings, and in a dependency proceeding, through dismissal.

 

Given that the Adoption Code is within Title 8, the right to counsel in § 8-221(A) should apply to adoption proceedings.  


Under the former Ariz. Rev. Stat. Ann. § 8-221(E), the court could order the juvenile’s parent or guardian to pay all or part of the costs of the attorney’s services, if the court found that the parent or guardian had “sufficient financial resources.”  However, this provision was removed in 2023 by SB 1197.

Appointment of Counsel: Yes
Qualified: No
? If "yes", the established right to counsel or discretionary appointment of counsel is limited in some way, including any of: the only authority is a lower/intermediate court decision or a city council, not a high court or state legislature; there has been a subsequent case that has cast doubt; a statute is ambiguous; or the right or discretionary appointment is not for all types of individuals or proceedings within that category.