Right to counsel

Key_development Question_mark

Legislation, Termination of Parental Rights (State) - Children

While Ariz. Stat. § 8-221(B) specifies that the court shall appoint an attorney for the juvenile, § 8-221(A) states, "In all proceedings involving . . . dependency or termination of parental rights that are conducted pursuant to this title and that may result in detention, a juvenile has the right to be represented by counsel" (emphasis added). As a termination of parental rights case will never result in detention for the juvenile, it is unclear what the legislature intended with this provision. Additionally, § 8-221(I) specifies, "In all juvenile court proceedings in which the dependency petition includes an allegation that the juvenile is abused or neglected, the court shall appoint a guardian ad litem to protect the juvenile's best interests. This guardian may be an attorney or a court appointed special advocate."   It is hard to know how to reconcile these conflicting provisions.

Appointment of Counsel: categorical Qualified: yes