Home Table of Contents

Rule 41. Attendance at hearings

Arizona Revised Statutes AnnotatedRules of Procedure for the Juvenile Court

Arizona Revised Statutes Annotated
Rules of Procedure for the Juvenile Court (Refs & Annos)
Part III. Dependency, Guardianship and Termination of Parental Rights
2. General Provisions
17B A.R.S. Juv.Ct.Rules of Proc., Rule 41
Rule 41. Attendance at hearings
A. Except as otherwise provided pursuant to statute or court rule, court proceedings relating to dependent children, permanent guardianships and termination of parental rights are open to the public. A court proceeding relating to child abuse, abandonment or neglect that has resulted in a fatality or near fatality is open to the public, subject to the requirements of (E) of this rule and A.R.S. § 8-807.01.
B. A child in foster care has the right to attend the child's court hearing and speak to the judge. At the first hearing in any dependency, permanent guardianship, or termination of parental rights proceeding, the court shall determine that the child has been informed of and understands this right.
C. The court may limit the presence of a participant to the time of the participant's testimony if:
1. It is in the best interest of the child; or
2. It is necessary to protect the privacy interests of the parties and will not be detrimental to the child.
D. The court may impose reasonable restrictions as may be required by the physical limitations of the facility or to maintain order and decorum.
E. At the first hearing in any dependency, permanent guardianship, or termination of parental rights proceeding, the court shall ask the parties if there are any reasons the proceeding should be closed. For good cause shown, the court may order any proceeding to be closed to the public. In considering whether to close the proceeding to the public, the court shall consider:
1. Whether doing so is in the child's best interests.
2. Whether an open proceeding would endanger the child's physical or emotional well-being or the safety of any other person.
3. The privacy rights of the child, the child's siblings, parents, guardians and caregivers and any other person whose privacy rights the court determines need protection.
4. Whether all parties have agreed to allow the proceeding to be open.
5. If the child is at least twelve years of age and a party to the proceeding, the child's wishes.
6. Whether an open proceeding could cause specific material harm to a criminal investigation.
F. At the beginning of a hearing that is open to the public, the court shall admonish all attendees that they are prohibited by order of the court from disclosing outside the hearing personally identifiable information about the child, the child's siblings, parents, guardians, or caregivers and any others mentioned in the hearing. A person who remains in the courtroom after the admonition submits to the jurisdiction of the court and shall abide by the orders of the court prohibiting disclosure of that information. Failure to abide by the orders shall be deemed contempt of court. The court shall explain contempt of court to all attendees, including observers, and the possible consequences of violating an order of the court. For the purposes of this subsection, “personally identifiable information” includes name, address, date of birth, social security number, tribal enrollment number, telephone or telefacsimile number, driver license number, places of employment, school identification or military identification number or any other distinguishing characteristic that tends to identify a particular person.
G. The court may close an open proceeding at any time for good cause shown and after considering the factors prescribed in Section E.
H. If a proceeding has been closed by the court, any person may subsequently request that the court reopen a proceeding or a specific hearing to the public. In ruling on this request, the court shall reconsider the factors prescribed in Section E of this rule. If a proceeding relating to child abuse, abandonment or neglect that has resulted in a fatality or near fatality has been closed by the court, any person may request a transcript be made of any previously closed proceeding. The person who requested the transcript shall pay the cost of the transcript. In ruling on this request, the court shall consider the factors prescribed in Section E of this rule. If the court grants a request for a transcript of any closed proceeding, the court shall redact from a transcript any information that:
1. Is essential to protect the privacy, well-being or safety interests prescribed in Section E of this rule.
2. Protects the identity and safety of a person who reports child abuse or neglect and to protect any other person if the court believes that disclosure of the Department of Child Safety information would be likely to endanger the life or safety of any person.
3. The court has received that is confidential by law. The court shall maintain the confidentiality of the information as prescribed in the applicable law.
I. Notice in cases with regard to children in foster care.
(A) If the Department of Child Safety (the Department) is a party, it shall notify the foster parents, pre-adoptive parents, relative caregivers or relative who has been identified as a possible placement for a child in foster care under the responsibility of the State of the date, time, and location of all proceedings to be held with respect to the child. Foster parents, pre-adoptive parents, or relative caregivers of a child in foster care under the responsibility of the State shall have a continuing duty to provide the Department with a current and correct mailing address, including addresses identified as protected by court order.
(B) The foster parents, pre-adoptive parents, or relative caregivers shall be afforded the right to be heard in any proceeding to be held with respect to a child in foster care. This right shall not be construed to require that any foster parents, pre-adoptive parents, or relative caregivers be made a party to such proceeding solely on the basis of such notice and a right to be heard.
(C) Nothing in this rule shall be construed to limit the periodic review hearing notice requirements of ARS § 8-847(B).

Credits

Added Oct. 27, 2000, effective Jan. 1, 2001. Amended and effective on an emergency basis Jan. 26, 2004. Amended and effective Sept. 5, 2007; amended and effective on an emergency basis Sept. 26, 2008. Adopted on a permanent basis and amended Sept. 3, 2009, effective Jan. 1, 2010. Amended and effective on an emergency basis Sept. 30, 2009. Amended and effective on a permanent basis, Sept. 2, 2010. Amended Sept. 2, 2014, effective on an expedited basis, Sept. 1, 2014. Amended and effective on a permanent basis, Dec. 16, 2014. Amended and effective Aug. 31, 2017.

Editors' Notes

APPLICATION
<Rules 9 through 35 shall apply to cases in which the offense occurred on or after January 1, 2001; Rules 36 through 66 shall apply to cases filed on or after January 1, 2001; and, Rules 67 through 87 shall apply to actions commenced on or after January 1, 2001.>
HISTORICAL NOTES
[Editor's Note] It was further ordered in the January 26, 2004 order that the changes shall be circulated for public comment, and that the comments shall be filed in the Supreme Court Clerk's Office on or before April 2, 2004. Approved June 8, 2004 on a permanent basis.
[Editor's Note] An amendment adding a subrule I in a May 30, 2007 order was open for comment in accordance with Rules of the Supreme Court, Rule 28 (D) until August 1, 2007. That amendment was superceded by the Sept. 5, 2007 order.
17B A. R. S. Juv. Ct. Rules of Proc., Rule 41, AZ ST JUV CT Rule 41
The Arizona Court Rules are current with amendments received through 8/1/18. The Code of Judicial Administration is current with amendments received through 4/15/18.
End of Document© 2018 Thomson Reuters. No claim to original U.S. Government Works.