parents' rights; guardianship; notice; attestation, the official text

Senate Engrossed
House Bill

[parents'
rights; guardianship; notice; attestation]

(now:  parents'
rights; guardianship; notice)

State of Arizona

House of Representatives

Fifty-seventh Legislature

Second Regular Session

2026

HOUSE BILL 2661

AN
ACT

amending section 8-809.01, arizona
revised statutes; relating to dependent children.

(TEXT OF BILL BEGINS ON NEXT PAGE)

Be it
enacted by the Legislature of the State of Arizona:

Section 1. Section 8-809.01, Arizona Revised
Statutes, is amended to read:

START_STATUTE8-809.01. Parents, guardians and custodians; rights

A. On initial contact with a child safety worker, a
parent, guardian or custodian who is under investigation
for an allegation of abuse or neglect has the following rights:

1. To be informed of the specific complaint or
allegation against that person and that any responses to the complaint or
allegation may be used in a subsequent court proceeding.

2. To refuse to cooperate with the investigation or
receive child safety services offered pursuant to the
investigation. A child may not be temporarily removed based solely
on a parent's, guardian's or custodian's refusal to cooperate with the
investigation.

3. Unless otherwise ordered by the court, to deny
the worker entry into the parent's, guardian's or custodian's home.

4. To respond to allegations either verbally or in
writing and to have this information considered in determining [if] whether the child requires child safety services.

5. To report a violation of the rights specified in
this section without fear of punishment, interference, coercion or retaliation.

6. To appeal determinations made by the department.

7. To seek the advice of an attorney and to have an
attorney present when questioned by a worker.

8. Unless otherwise ordered by the court, to refuse
to do any of the following:

(a) Sign a release of information document.

(b) Consent to take a drug or alcohol test.

(c) Submit to a mental health evaluation.

9. To receive information about the investigation
and the department's decision-making process.

10. To be informed
that the parent or guardian may delegate temporary guardianship of the child
pursuant to section 14-5104.

[10.] 11. To
be informed both verbally and in writing of these rights and any parental
rights under state law and to provide written acknowledgement of receipt of
these rights.

B. If a child safety worker has probable cause to
believe that exigent circumstances exist that present an imminent danger to the
child, the worker shall take all lawful measures to protect the child pursuant
to sections 8-821 and 8-822 before providing the notice of rights
pursuant to subsection A of this section.

C. Unless parental rights have been terminated, or exigent circumstances exist or
as otherwise ordered by the court, a parent, guardian or custodian whose child
is placed in the department's custody has the following rights:

1. To not have the child taken into department
custody without the department providing the reasons for removal and
information supporting the removal.

2. To the extent practicable, to be
immediately notified verbally or in writing that the child was taken into
custody.

3. To receive information on the services available
to the child, parent, guardian or custodian and the dependency process and
timelines.

4. To have an attorney present or an attorney
appointed by the court at all court proceedings.

5. To be timely notified of the date, time and
location of all hearings and to participate in all hearings.

6. Whenever possible, to participate in the
development of a case plan.

7. To receive services if the child has been removed
from the home, including services that facilitate reunification of the family.

8. To maintain contact with the child unless it is
determined by the department or court to be harmful to the child's safety or
well-being.

9. To be consulted about the child's medical care,
education and grooming.

10. To request that the child be returned if the
court finds by a preponderance of the evidence that the return of the child
would not create a substantial risk of harm to the child's physical, mental or
emotional health or safety.

D. The department shall provide information
regarding a parent's, guardian's or custodian's rights pursuant to this section
and assistance in understanding and enforcing these rights to each parent,
guardian and custodian on initial contact with a child safety worker or when
there is a change in the child's case plan. The information shall
include the telephone number and email address of the department, the
department's office of the ombudsman and the ombudsman-citizen
aide.

E. If a parent, guardian or custodian believes that
the person's rights under this section have been violated, the parent, guardian
or custodian or the person's representative may:

1. File a complaint with the department, the
department's office of the ombudsman or the ombudsman-citizens aide
pursuant to section 41-1376. A formal grievance may be initiated with the
ombudsman at any time.

2. Notify the juvenile court in the child's ongoing
dependency or severance proceeding, either orally or in writing, that the
parent's, guardian's or custodian's rights are being violated and request
appropriate equitable relief. The court shall act on the notification as
necessary within its discretion to promote the best interest of the child.

F. The rights provided in this section do not
establish an independent cause of action. END_STATUTE