8-221. Counsel right of juvenile, parent or guardian; appointment; guardian ad litem
A. The court shall appoint an attorney for a child in all delinquency proceedings that commence with a petition or that may involve detention. The court shall appoint the child's attorney before the first hearing. The child's attorney shall represent the child at all stages of the proceedings.
B. The court shall appoint an attorney for a child in all proceedings involving dependency or termination of parental rights before the first hearing. The appointed attorney shall determine whether the child has diminished capacity that would impact the child's ability to express the child's own opinion or to make decisions for the child. In making this determination, the appointed attorney shall consult with the child, other individuals who know the child or who have a significant relationship with the child and the child's family or an authorized representative of the child's family.
C. If an attorney who is appointed pursuant to subsection B of this section determines that a normal attorney-client relationship is not reasonably possible to maintain and that the child is not able to direct the legal representation due to diminished capacity or the child's inability to express the child's own opinion, the appointed attorney shall use substituted judgment to determine what the child would decide if the child was capable of making an adequately considered decision when considering what is in the best interest of the child. The appointed attorney shall do all of the following:
1. Make a good faith effort to determine the child's needs and wishes.
2. Consult with the child, other individuals who know the child or who have a significant relationship with the child and the child's family or an authorized representative of the child's family.
3. Represent the child in accordance with the determination of the child's needs and wishes.
D. If in the course of representing a child an attorney who is appointed pursuant to subsection B of this section reasonably believes that the child is at risk of substantial physical, financial or other harm and that the child does not have the capacity to adequately act in the child's own interest, the appointed attorney shall do either of the following:
1. Inform the court of the substantial risk of harm, taking into account the wishes and values of the child and the child's best interests and respecting the child's family and social connections.
2. Request that the court appoint a guardian ad litem for the child.
E. If a parent or guardian is found to be indigent and entitled to counsel, the juvenile court shall appoint an attorney to represent the person or persons unless the person knowingly, intelligently and voluntarily waives counsel.
F. Before any court appearance that may result in institutionalization or mental health hospitalization of a juvenile, the court shall appoint counsel for the juvenile if counsel has not been previously appointed or retained by or for the juvenile.
G. The county board of supervisors may fix a reasonable sum to be paid by the county for the services of an appointed attorney.
H. In a county where there is a public defender, the public defender may act as attorney in either:
1. A delinquency or incorrigibility proceeding when requested by the juvenile court.
2. Any other juvenile proceeding that is conducted pursuant to this title if the board of supervisors authorizes the appointment of the public defender.
I. In all juvenile court proceedings in which the dependency petition includes an allegation that the juvenile is abused or neglected, the court may appoint a guardian ad litem to protect the juvenile's best interests. This guardian ad litem shall be an attorney. The guardian ad litem is not the child's attorney.
J. Any guardian ad litem or attorney appointed for a juvenile shall meet with the juvenile before the preliminary protective hearing, if possible, or within fourteen days after the preliminary protective hearing. The guardian ad litem or the child's attorney also shall meet with the juvenile before all substantive hearings. On a showing of extraordinary circumstances, the judge may modify this requirement for any substantive hearing.
Notes of Decisions
Cited in
44
cases (
8 in the last 5 years), 1963–2026 · leading case:
State v. Shaw, 378 P.2d 487 (Ariz. 1963).
State v. Shaw, 378 P.2d 487 (Ariz. 1963).
· cites it 55× “" The circumstances surrounding the taking of the confession were these: The defendant was picked up by two police officers at his home about 12:30 or 1:00 a.”
Haas v. Colosi, 40 P.3d 1249 (Ariz. Ct. App. 2002).
· cites it 36× “¶ 5 A.R.S. § 8-221 (Supp.2001), a statute addressing certain procedures to be followed by the juvenile court, provides: A.”
Daniel Y. v. Arizona Dep't of Econ. Sec., 77 P.3d 55 (Ariz. Ct. App. 2003).
· cites it 11× “pursuant to the provisions of A.R.S. § 8-221(B) (Supp.2002). 5 ¶ 6 Five months later, Schubert filed a motion to withdraw citing irreconcilable differences.”
Lana A. v. Woodburn, 116 P.3d 1222 (Ariz. Ct. App. 2005).
· cites it 11× “” A.R.S. § 8-221(A) (1999). See also Ariz. R.”
In Re Gault, 387 U.S. 1 (1967).
· cites it 2× “See ARS § 8-221 which relates specifically to juveniles.”
State v. Hunt, 406 P.2d 208 (Ariz. Ct. App. 1965).
· cites it 8× “A.R.S. § 8-221 sets forth a peace officer’s authority regarding his disposition of a child in reference to the authority of the juvenile court, juvenile officer and probation officer of the county: “A.”
Christy A. v. Arizona Dep't of Econ. Sec., 173 P.3d 463 (Ariz. Ct. App. 2007).
· cites it 2× “¶ 28 For termination adjudication hearings, indigent parents have a right to appointed counsel pursuant to A.R.S. § 8-221(B) (2007) and the Due Process Clause of the United States Constitution.”
In Re Cameron T., 949 P.2d 545 (Ariz. Ct. App. 1997).
· cites it 5× “1996); A.R.S. § 8-221 (1989); A.R.S. § 8-222 (1989); see generally A.”
State v. Arbeiter, 408 S.W.2d 26 (Mo. 1966).
· cites it 4× “2d 487 , the court had before it the question of the admissibility of statements obtained from a juvenile by police interrogation in disregard of a statute (A.R.S. § 8-221) requiring that a police officer arresting a juvenile notify the probation officer "forthwith.”
Patterson v. City of Phoenix, 436 P.2d 613 (Ariz. 1968).
· cites it 6× “See A.R.S. § 8-221, subsec. B. After the children were taken into custody they were brought to the Maricopa County juvenile authorities for care.”
State v. Lopez, 393 P.2d 263 (Ariz. 1964).
· cites it 4× “Defendant assigns as error the admission into evidence of the two written statements taken by the police officers prior to notifying a juvenile probation officer, pursuant to A.R.S. § 8-221. In accordance with the decision in State v.”
Brenda D. v. Dep't of Child Saf., 410 P.3d 419 (Ariz. 2018).
· cites it 2× “Even when a juvenile court exercises its discretion at the start of a hearing to find that a parent waived the parent's legal rights by failing to appear, the absent parent does not waive the right to counsel at the hearing.”
Ariz. Rev. Stat. § 8-221(A): 8 cases
Haas v. Colosi, 40 P.3d 1249 (Ariz. Ct. App. 2002).
“¶ 5 A.R.S. § 8-221 (Supp.2001), a statute addressing certain procedures to be followed by the juvenile court, provides: A.”
Lana A. v. Woodburn, 116 P.3d 1222 (Ariz. Ct. App. 2005).
“” A.R.S. § 8-221(A) (1999). See also Ariz. R.”
State v. Shaw, 378 P.2d 487 (Ariz. 1963).
“" The circumstances surrounding the taking of the confession were these: The defendant was picked up by two police officers at his home about 12:30 or 1:00 a.”
Ariz. Rev. Stat. § 8-221(B): 13 cases
Daniel Y. v. Arizona Dep't of Econ. Sec., 77 P.3d 55 (Ariz. Ct. App. 2003).
“pursuant to the provisions of A.R.S. § 8-221(B) (Supp.2002). 5 ¶ 6 Five months later, Schubert filed a motion to withdraw citing irreconcilable differences.”
Christy A. v. Arizona Dep't of Econ. Sec., 173 P.3d 463 (Ariz. Ct. App. 2007).
“¶ 28 For termination adjudication hearings, indigent parents have a right to appointed counsel pursuant to A.R.S. § 8-221(B) (2007) and the Due Process Clause of the United States Constitution.”
Haas v. Colosi, 40 P.3d 1249 (Ariz. Ct. App. 2002).
“¶ 5 A.R.S. § 8-221 (Supp.2001), a statute addressing certain procedures to be followed by the juvenile court, provides: A.”
Brenda D. v. Dep't of Child Saf., 410 P.3d 419 (Ariz. 2018).
“Even when a juvenile court exercises its discretion at the start of a hearing to find that a parent waived the parent's legal rights by failing to appear, the absent parent does not waive the right to counsel at the hearing.”
Lana A. v. Woodburn, 116 P.3d 1222 (Ariz. Ct. App. 2005).
“” A.R.S. § 8-221(A) (1999). See also Ariz. R.”
Ariz. Rev. Stat. § 8-221(E): 3 cases
Ariz. Rev. Stat. § 8-221(F): 1 case
Ariz. Rev. Stat. § 8-221(H): 1 case
Haas v. Colosi, 40 P.3d 1249 (Ariz. Ct. App. 2002).
“¶ 5 A.R.S. § 8-221 (Supp.2001), a statute addressing certain procedures to be followed by the juvenile court, provides: A.”
Ariz. Rev. Stat. § 8-221(H)(1): 1 case
Haas v. Colosi, 40 P.3d 1249 (Ariz. Ct. App. 2002).
“¶ 5 A.R.S. § 8-221 (Supp.2001), a statute addressing certain procedures to be followed by the juvenile court, provides: A.”
Ariz. Rev. Stat. § 8-221(H)(l): 1 case
Haas v. Colosi, 40 P.3d 1249 (Ariz. Ct. App. 2002).
“¶ 5 A.R.S. § 8-221 (Supp.2001), a statute addressing certain procedures to be followed by the juvenile court, provides: A.”
Ariz. Rev. Stat. § 8-221(I): 1 case
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