SB 1234 Arizona Senate · 57th Legislature - Second Regular Session

juvenile court proceedings; appointment; attorney

SB 1234 requires courts in Arizona to appoint attorneys for children in specific juvenile court cases, including delinquency cases involving detention, dependency proceedings, and termination of parental rights. It mandates that attorneys be appointed before the first hearing in delinquency cases and ensures representation for indigent parents seeking counsel. The bill also requires courts to appoint a guardian ad litem (who must be an attorney) in abuse or neglect cases to protect the child’s best interests, and sets deadlines for attorneys to meet with juveniles before key hearings. Counties may fund these appointments, and public defenders may serve in certain cases with court authorization. This law directly affects juveniles, parents, and court staff by standardizing legal representation in critical child welfare and justice proceedings.

Issues: ✓ Criminal Justice

Bill status passed 3 of 5 stages cleared

Introduction

Jan 2026

Committee Review

Senate Passage

Mar 2026

House Passage

Governor

Introduced Jan 20, 2026 Last action Mar 19, 2026

Maddy AI version diff · 1 comparison

What changed between versions

Introduced Version → Senate Engrossed Version (03/17/2026) · 6 edits · Mar 17, 2026

MODERATE

The bill was reformatted and renumbered for the official record but underwent significant substantive changes to how attorneys represent children in dependency cases. The most important addition is a requirement that appointed attorneys determine if a child has 'diminished capacity' to express their own opinion, which triggers specific duties to consult with the child and family. The bill also clarifies that a guardian ad litem is a separate role from the child's attorney and outlines new protocols for when an attorney must report risks of harm to the court.

Scope change

The scope of attorney duties was expanded to include a mandatory assessment of a child's capacity to form an opinion in all dependency or termination of parental rights cases, rather than only when the child's age or ability is uncertain.

REQUIREMENT

Added a mandatory requirement for appointed attorneys to assess whether a child has 'diminished capacity' to express their own opinion or make decisions.

Established a new rule that if a child is at least five years old, the appointed attorney must meet with the child at least once a month.

Created a specific 'substituted judgment' process where attorneys must decide what the child would want if they were capable, based on the child's known needs and wishes.

Added a duty for attorneys to inform the court if they believe a child is at risk of substantial harm and lacks the capacity to act in their own interest.

Added a specific provision requiring attorneys to consult with the child, family, and other individuals who know the child when making determinations about the child's capacity.

DEFINITION

Clarified that a guardian ad litem is a distinct role from the child's attorney and is not the same person.

Floor votes

How they voted

This bill passed the Senate by voice vote (no roll call recorded).

Full legislative history

Actions timeline

Total actions

Key actions

Committee

Amendments

Mar 17, 2026

Upper · Passed

PASSED

upper

Mar 10, 2026

Upper · Passed

DPA

upper

Feb 20, 2026

Upper · Passed

DPA

upper

1 primary · 1 co-sponsor