SB 1496: DCS; policies; procedures - Arizona

Senate Engrossed Version (02/26/2026) → Chaptered Version · 5 edits

MODERATE

This bill significantly expands the rights of children in Arizona's foster care and juvenile justice systems. It adds a new section detailing 28 specific rights for children in foster care, including protections against retaliation for reporting abuse, access to personal records, and rights for older teens regarding independent living. It also introduces new requirements for attorneys to meet with children and mandates a report on attorney caseloads to ensure adequate representation.

Scope change

The bill expands the scope of the Department of Child Safety's regulations by adding a comprehensive list of rights for children in foster care and kinship care, and it broadens the scope of attorney representation requirements in juvenile and dependency proceedings.

REQUIREMENT

Added a new section (8-529) listing 28 specific rights for children in foster care, covering care standards, education, medical needs, and protection from retaliation when reporting violations.

Added new subsections requiring attorneys appointed for children to determine if the child has diminished capacity and to use 'substituted judgment' to represent the child's best interests if the child cannot make decisions independently.

Added specific rights for children aged 14 and older, including the right to a transition plan, assistance with obtaining a driver's license, and the ability to request a court hearing to consent to their own medical care.

Modified the list of individuals who must be notified when a child is missing or abducted to clarify the inclusion of the child's attorney and judicial officers.

ENFORCEMENT

Added a requirement for county offices to submit a detailed report by January 2027 on attorney caseloads, meeting frequencies with children, and contact methods to monitor the quality of legal representation.

Introduced Version → House Engrossed Version (06/11/2026) · 6 edits · Jun 12, 2026

MODERATE

This bill significantly expands the rights of children in Arizona's foster care and juvenile justice systems. It mandates that courts appoint attorneys for all children in delinquency and dependency cases, introduces a 'substituted judgment' standard for representing children who lack the capacity to direct their own legal representation, and establishes a new requirement for counties to report on attorney caseloads and contact methods. Additionally, it adds a comprehensive list of 28 specific rights for children in foster care, including protections against retaliation for reporting violations, and clarifies rules for representing children's federal benefits.

Scope change

The bill expands the scope of legal representation to include all dependency and termination of parental rights proceedings, not just delinquency cases, and extends specific protections to children in kinship foster care.

REQUIREMENT

Courts must now appoint attorneys for all children in dependency and termination of parental rights proceedings, not just delinquency cases.

A new 'substituted judgment' standard allows attorneys to decide for children who lack the capacity to make their own decisions, based on what the child would choose if capable.

Counties must submit annual reports detailing attorney caseloads, the number of children represented per attorney, and the methods used to contact children.

Children in foster care are granted 28 specific rights, including protection from retaliation for reporting abuse and the right to attend court hearings.

Rules for representing children's federal benefits were updated to require the Department of Child Safety to consult with outside parties before continuing as the representative payee.

Missing or abducted children must be screened for sex trafficking victimization upon return to care.

House Engrossed Version (06/11/2026) → Senate Engrossed Version (02/26/2026) · 3 edits · Jun 12, 2026

MINOR

The Senate version of SB 1496 removes the amendment to Section 8-221, which previously mandated specific attorney appointment procedures and substituted judgment rules for children with diminished capacity. It also deletes a new reporting requirement for county attorneys regarding their representation of children in dependency cases. The bill retains amendments to other sections concerning federal benefits, kinship foster care, and missing children protocols, while renumbering the remaining sections.

Scope change

The bill's scope is narrowed by the removal of provisions related to juvenile court attorney appointments and the elimination of a new data reporting mandate for county legal teams.

REQUIREMENT

Deleted the amendment to Section 8-221 that required courts to use 'substituted judgment' for children unable to direct their own legal representation due to diminished capacity.

Removed a new requirement for county offices to submit detailed reports on attorney caseloads and contact methods for children in dependency proceedings by January 2027.

TECHNICAL

Renumbered the remaining sections of the bill from Sec. 2 through Sec. 5 to reflect the removal of the deleted Section 1.

DCS; policies; procedures

What changed between versions

How they voted

Actions timeline

Sponsors