Right to counsel

Indigent parents have a right to counsel in termination of parental rights proceedings. Ariz. Rev. Stat. Ann. § 8- 221(B).

Permanent guardianship matters may also be initiated by a party to a dependency proceeding. In such cases, indigent parents also have the right to counsel upon request. Ariz. Rev. Stat. Ann. § 8-872(D) (“In a proceeding for permanent guardianship, on the request of a parent, the court shall appoint counsel for any parent found to be indigent if the parent is not already represented by counsel.”). The Arizona statute does have a qualifier in subsection (a) that the permanent guardianship has to be initiated by a party to a dependency. This is actually the result of a statutory amendment to subsection (a) in 1997, because prior to that it read, “Any person may file a petition for permanent guardianship.” However, a prospective adoptive parent may be a party to a dependency proceeding and then seek the guardianship separately from that process. The statute does not indicate that the guardianship is handled as part of the dependency process; in fact, section 8-872(I) states, “On the entry of the order establishing a permanent guardianship, the dependency action shall be dismissed.”