Arizona Revised Statutes

Ariz. Rev. Stat. § 1-601 (2026)

Parents' rights protected

✓ current as of May 2026
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1-601. Parents' rights protected

A. The liberty of parents to direct the upbringing, education, health care and mental health of their children is a fundamental right.

B. This state, any political subdivision of this state or any other governmental entity shall not infringe on these rights without demonstrating that the compelling governmental interest as applied to the child involved is of the highest order, is narrowly tailored and is not otherwise served by a less restrictive means.

 

Notes of Decisions
Cited in 41 cases (27 in the last 5 years), 2012–2026 · leading case: Trisha A. v. Dep't of Child Saf./l.A./l.A., 446 P.3d 380 (Ariz. 2019).
Trisha A. v. Dep't of Child Saf./l.A./l.A., 446 P.3d 380 (Ariz. 2019). · cites it 8× “¶68 Likewise, imposing the meritorious defense requirement plainly infringes on the fundamental right of parents to direct the upbringing of their children protected by § 1-601(A). The State has failed to show that requiring a meritorious defense to set aside a default under…”
Louis C. v. Dep't of Child Saf., 353 P.3d 364 (Ariz. Ct. App. 2015). · cites it 6× “He also maintains the court erred in adjudicating J.C.”
Crosby-Garbotz v. Hon. fell/state, 434 P.3d 143 (Ariz. 2019). · cites it 2× “Although criminal charges put at stake an accused's liberty, dependency proceedings affect liberty interests as well-the fundamental right of parents regarding their children's upbringing, see A.R.S. § 1-601(A) ; Kent K. v. Bobby M. , 210 Ariz.”
Baker v. Meyer, 346 P.3d 998 (Ariz. Ct. App. 2015). · cites it 2× “” A.R.S. § 1-601(A); see also A.R.S. § 1-602.”
Paul E. v. Courtney F., 439 P.3d 1169 (Ariz. 2019). · cites it 2× “§ 1-601 (recognizing that "[t]he liberty of parents to direct the upbringing, education, health care and mental health of their children is a fundamental right" that "shall not [be] infringe[d] on" absent a compelling governmental interest "of the highest order" and only when…”
Joshua J. v. Arizona Dep't of Econ. Sec., 286 P.3d 166 (Ariz. Ct. App. 2012). · cites it 2× “§ 8-842(C) requires prompt dependency hearings as protection for the rights of parents to their children.”
Lisa Friedman v. David C Roels Jr, 418 P.3d 884 (Ariz. 2018). · cites it 2× “" A.R.S. § 1-601(A) ; cf. Downs , 206 Ariz.”
Kimberly McLaughlin v. Suzan McLaughlin, 382 P.3d 118 (Ariz. Ct. App. 2016). · cites it 2× “§ 1—602(E), which is part of Arizona's Parents' Bill of Rights, A.R.S. §§ 1-601 to 1-602, we confine our discussion to the issue before us, which is whether Suzan is a parent for purposes of a marital dissolution proceeding under Title 25 and the definition of parent in §…”
In Re Term of Parental Rights as to M.N., 563 P.3d 136 (Ariz. 2025). · cites it 3× “” A.R.S. § 1-601(A). This right is embodied in the United States Constitution and fully applies when the state takes action to terminate that right.”
State of Arizona v. Tyler B., 290 P.3d 435 (Ariz. Ct. App. 2012). · cites it 2× “Section 1-602(A)(8) gives parents “[t]he right to consent in writing before any record of the minor child’s blood or deoxyribonucleic acid is created, stored or shared,” except as required or authorized by certain statutes or authorized by court order.”
Jessica P. v. Dcs, H.P. (Ariz. Ct. App. 2020). · cites it 10× “Due Process and A.R.S. § 1-601 ¶28 Mother argues that the juvenile court violated her due process rights.”
Maria v. v. Dcs, Z.G. (Ariz. Ct. App. 2020). · cites it 6× “Mother argues the juvenile court “refused to adhere to the procedural protections of Mother’s due process rights” by failing to satisfy the statutory burdens in the Parents’ Bill of Rights, A.R.S. § 1-601. ¶30 Section 1-601(A) provides: “The liberty of parents to direct the…”
— Ariz. Rev. Stat. § 1-601(A) — 16 cases
Trisha A. v. Dep't of Child Saf./l.A./l.A., 446 P.3d 380 (Ariz. 2019). “¶68 Likewise, imposing the meritorious defense requirement plainly infringes on the fundamental right of parents to direct the upbringing of their children protected by § 1-601(A). The State has failed to show that requiring a meritorious defense to set aside a default under…”
Crosby-Garbotz v. Hon. fell/state, 434 P.3d 143 (Ariz. 2019). “Although criminal charges put at stake an accused's liberty, dependency proceedings affect liberty interests as well-the fundamental right of parents regarding their children's upbringing, see A.R.S. § 1-601(A) ; Kent K. v. Bobby M. , 210 Ariz.”
Baker v. Meyer, 346 P.3d 998 (Ariz. Ct. App. 2015). “” A.R.S. § 1-601(A); see also A.R.S. § 1-602.”
Joshua J. v. Arizona Dep't of Econ. Sec., 286 P.3d 166 (Ariz. Ct. App. 2012). “§ 8-842(C) requires prompt dependency hearings as protection for the rights of parents to their children.”
Lisa Friedman v. David C Roels Jr, 418 P.3d 884 (Ariz. 2018). “" A.R.S. § 1-601(A) ; cf. Downs , 206 Ariz.”
— Ariz. Rev. Stat. § 1-601(B) — 13 cases
Trisha A. v. Dep't of Child Saf./l.A./l.A., 446 P.3d 380 (Ariz. 2019). “¶68 Likewise, imposing the meritorious defense requirement plainly infringes on the fundamental right of parents to direct the upbringing of their children protected by § 1-601(A). The State has failed to show that requiring a meritorious defense to set aside a default under…”
In Re Term of Parental Rights as to M.N., 563 P.3d 136 (Ariz. 2025). “” A.R.S. § 1-601(A). This right is embodied in the United States Constitution and fully applies when the state takes action to terminate that right.”
Jessica P. v. Dcs, H.P. (Ariz. Ct. App. 2020). “Due Process and A.R.S. § 1-601 ¶28 Mother argues that the juvenile court violated her due process rights.”
Maria v. v. Dcs, Z.G. (Ariz. Ct. App. 2020). “Mother argues the juvenile court “refused to adhere to the procedural protections of Mother’s due process rights” by failing to satisfy the statutory burdens in the Parents’ Bill of Rights, A.R.S. § 1-601. ¶30 Section 1-601(A) provides: “The liberty of parents to direct the…”
Timothy B. v. dcs/h.B. (Ariz. 2022).
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