8-525. Open court proceedings; closure; records
A. Except as otherwise provided pursuant to this section and section 8-537, court proceedings relating to dependent children, permanent guardianship and termination of parental rights are open to the public.
B. 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 except as provided in section 8-537. 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 or prosecution.
C. Subject to the requirements of subsection B of this section and section 8-807.01, a court proceeding relating to child abuse, abandonment or neglect that has resulted in a fatality or near fatality is open to the public.
D. At the beginning of a hearing that is open to the public, the court shall do the following:
1. Admonish all attendees that they are prohibited from disclosing any information that may identify the child and the child's siblings, parents, guardians and caregivers, and any other person whose identity will be disclosed during the proceeding.
2. Explain contempt of court to all attendees and the possible consequences of violating an order of the court.
E. A person who remains in the court after the admonition pursuant to subsection D of this section must abide by the court's order prohibiting disclosure of that information. The court may find a person who fails to do so in contempt of court.
F. The court may close an open proceeding at any time for good cause shown and after considering the factors prescribed in subsection B of this section.
G. If the court closes a proceeding relating to child abuse, abandonment or neglect that has resulted in a fatality or near fatality, any person may subsequently request that the court reopen a proceeding or a specific hearing to the public or request a transcript be made of any previously closed proceeding. In ruling on this request, the court shall consider the factors prescribed in subsection B of this section. The person who requested the transcript shall pay the cost of the transcript. If the court grants a request for a transcript of any closed proceeding, the court shall redact from a transcript any information that:
1. Protects the privacy, well-being or safety interests prescribed in subsection B of this section.
2. Protects the identity and safety of a person who reports child abuse or neglect and any other person if the court believes that disclosure of the DCS 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.
H. Any person may request to inspect court records of a proceeding involving the disclosure of DCS information regarding a case of child abuse, abandonment or neglect that has resulted in a fatality or near fatality. In ruling on this request, the court shall consider the factors prescribed in subsection B of this section. If the court grants the request, the court shall redact any information subject to the requirements of subsections B and G of this section and section 8-807.01.
Structure Arizona Revised Statutes
§ 8-105 - Preadoption certification; investigation; central adoption registry
§ 8-105.01 - Adoption; racial preferences; prohibition; exception
§ 8-105.02 - Adoption by foster parents; removal of child
§ 8-105.03 - Adoption information from local community organizations
§ 8-106.01 - Putative fathers registry; claim of paternity; adoptive interest
§ 8-107 - Time and contents of consent
§ 8-108 - Petition for child's custody by noncertified party; hearing; exceptions
§ 8-109 - Petition to adopt; contents
§ 8-110 - Fictitious name for child
§ 8-111 - Notice of hearing on petition to adopt; service
§ 8-112 - Social studies; requirements
§ 8-115 - Hearing; procedure; record; evidence
§ 8-116 - Court order; contents; form
§ 8-116.01 - Agreements regarding communications
§ 8-117 - Rights under adoption order
§ 8-118 - Petition withdrawal or denial; custody
§ 8-119 - Dismissal after death; exception
§ 8-120 - Records; inspection; exception; destruction or transfer of certain records
§ 8-121 - Confidentiality of information; exceptions
§ 8-122 - Financial hardship; deferral, waiver or reduction of fees
§ 8-123 - Irregularities; curative period
§ 8-124 - Subsequent adoptions
§ 8-125 - Adoption decrees of other states
§ 8-126 - Licensure and regulation of agencies
§ 8-127 - Services of county attorney; exception
§ 8-128 - Violation; classification
§ 8-129 - Health and genetic history; compilation; availability; costs
§ 8-130 - Consent to licensed agency or division; attorneys; affidavits
§ 8-131 - Exemption of division from licensure; compliance with standards
§ 8-133 - Fees for division services
§ 8-134 - Confidential intermediary
§ 8-135 - Confidential intermediary and fiduciary fund
§ 8-141 - Definitions; exception
§ 8-142 - Adoption subsidy program; funding; claims; limitation
§ 8-142.01 - Adoption subsidy program; hospital reimbursement
§ 8-143 - Eligibility for subsidies; rate
§ 8-144 - Subsidy agreement; duration; amount; periodic review; confidentiality
§ 8-162 - Nonrecurring adoption expense program; funding; use of other resources; payment
§ 8-164 - Nonrecurring expenses; limitation
§ 8-172 - Interstate compacts; requirements; optional contents
§ 8-173 - Adoption assistance agreements; reciprocity conditions; violation; classification
§ 8-202 - Jurisdiction of juvenile court
§ 8-203 - Court employees; appointment; certification; qualifications; salary; bond
§ 8-203.01 - Fingerprinting juvenile probation officers; affidavit
§ 8-204 - Juvenile court employees; merit system; annual report
§ 8-205 - Powers and duties of juvenile court personnel
§ 8-207 - Order of adjudication; noncriminal; use as evidence
§ 8-208 - Juvenile court records; public inspection; exceptions
§ 8-209 - Juvenile court facilities; juvenile shelters; treatment services
§ 8-231 - Juvenile court commissioners; appointment; powers and duties; compensation; qualifications
§ 8-233 - Record of proceeding
§ 8-234 - Treatment, community restitution, restraining and protective orders
§ 8-237 - Statement or conduct of minor; hearsay exception
§ 8-238 - Advisory hearing; DNA
§ 8-242 - Evaluation and disposition of a child with developmental disabilities
§ 8-243 - Liability of parents to bear expense; exception
§ 8-243.01 - Deposit of child support assessment monies
§ 8-243.02 - Assignment of right to support; priority
§ 8-244 - Removal of child from state
§ 8-245 - Physical and mental care
§ 8-246 - Jurisdiction; length of commitment; placement; assessment; definition
§ 8-248 - Hearing; service providers; definition
§ 8-249 - Restoration of civil rights; persons adjudicated delinquent
§ 8-262 - Establishing voluntary programs
§ 8-263 - Order for counseling; administration; enforcement
§ 8-264 - Participation by county; certification
§ 8-265 - County's share of matching funds; appropriation by legislature
§ 8-272 - Psychiatric acute care services; outpatient and inpatient assessments; definitions
§ 8-273 - Residential treatment services; definition
§ 8-291.01 - Effect of incompetency; request for examination
§ 8-291.02 - Expert appointment; costs; immunity
§ 8-291.04 - Examination; competency to stand trial
§ 8-291.05 - Misdemeanor charges; dismissal; notice
§ 8-291.06 - Privilege against self-incrimination; sealed reports
§ 8-291.07 - Mental health expert reports
§ 8-291.08 - Competency hearings; restoration orders
§ 8-291.09 - Restoration order; commitment
§ 8-291.10 - Reports; hearings
§ 8-301 - Commencement of proceedings
§ 8-302 - Transfer between juvenile and criminal courts
§ 8-304 - Investigation of alleged acts of delinquency, dependency and incorrigibility
§ 8-305 - Detention center; jail; separate custody; definition
§ 8-306 - Supervision and inspection of juvenile detention center and shelter care facilities
§ 8-308 - Required attendance of parent, legal guardian or custodian in court; contempt
§ 8-309 - Unlawful use of an electronic communication device by a minor; classification; definitions
§ 8-321 - Referrals; diversions; conditions; community based alternative programs
§ 8-322 - Juvenile probation services fund; program and contract requirements
§ 8-325 - Appeal from an order of a juvenile hearing officer; procedures
§ 8-328 - Juvenile diversion programs; reporting
§ 8-341 - Disposition and commitment; definitions
§ 8-341.01 - Residential treatment services; definition
§ 8-342 - Commitment of child; medical examination; definition
§ 8-344 - Restitution payments
§ 8-345 - Restitution lien; definition
§ 8-346 - Restitution fund; restitution contracts
§ 8-347 - Disposition document or minute order; fingerprints
§ 8-348 - Setting aside adjudication; application; release from disabilities; exceptions
§ 8-349 - Destruction of juvenile records; electronic research records; definition
§ 8-350 - Dangerous offenders; sex offenders; notification to schools; definition
§ 8-350.01 - Youth sex offenders; treatment; definition
§ 8-350.02 - Civil actions by victim or other persons
§ 8-351 - Definition of juvenile intensive probation
§ 8-352 - Intensive probation; evaluation; criteria; limit; conditions
§ 8-353 - Juvenile intensive probation teams; duties; caseload limit
§ 8-354 - Modification of supervision
§ 8-355 - School; employment; community restitution programs
§ 8-358 - Juvenile intensive probation guidelines; report
§ 8-361 - Adoption of interstate compact for juveniles
§ 8-362 - Commission assessments
§ 8-364 - Financial arrangements
§ 8-365 - Responsibilities of state departments, agencies and officers
§ 8-371 - Educational rehabilitation; definition
§ 8-383 - Implementation of rights and duties
§ 8-383.01 - Victims' rights; dismissed counts
§ 8-385 - Limited rights of a legal entity
§ 8-385.01 - Victims' rights for neighborhood associations
§ 8-386 - Information provided to victim by law enforcement agencies
§ 8-386.01 - Issuance and execution of arrest warrants
§ 8-387 - Notice of terms and conditions of release
§ 8-389 - Preliminary notice of rights
§ 8-390 - Notice of proceedings
§ 8-391 - Notice of adjudication; impact statement
§ 8-392 - Notice of postadjudication review and appellate proceedings
§ 8-392.01 - Notice of right to request not to receive committed youth mail
§ 8-393 - Notice of release or escape
§ 8-394 - Notice of delinquent's status
§ 8-398 - Request for notice; forms; notice system
§ 8-399 - Victim conference with prosecuting attorney
§ 8-400 - Proceedings; right to be present
§ 8-402 - Postarrest detention decisions
§ 8-404 - Impact statement; predisposition report
§ 8-406 - Probation modification, revocation disposition or termination proceedings
§ 8-407 - Victim's discretion; form of statement
§ 8-408 - Return of victim's property; release of evidence
§ 8-409 - Consultation between crime victim advocate and victim; privileged information; exception
§ 8-410 - Minimizing victim's contacts
§ 8-411 - Motion to revoke release
§ 8-412 - Victim's right to refuse an interview; applicability
§ 8-413 - Victim's right to privacy; exception; definitions
§ 8-414 - Speedy adjudication; continuance; notice
§ 8-415 - Effect of failure to comply
§ 8-416 - Standing to invoke rights; recovery of damages; right to counsel
§ 8-417 - Construction of article
§ 8-418 - Implementation fee; definition
§ 8-419 - Victim reconciliation services
§ 8-422 - Use of a facility dog in court proceedings; definition
§ 8-452 - Director; appointment; qualifications; compensation
§ 8-454 - Department organization
§ 8-457 - Service coordination function
§ 8-458 - Inspections bureau; monitoring and evaluation; quality assurance process
§ 8-459 - Community advisory committee; duties; membership
§ 8-461 - Child safety collections; fund; definition
§ 8-463 - Department of child safety employees; employees of contractors; fingerprint requirement
§ 8-464 - Electronic communication by department
§ 8-465 - Auditor general; department audit team; duties
§ 8-466 - Child and family advocacy center; requirements for funding; immunity; definition
§ 8-467 - Child welfare licensing fees; fund; uses; trust; definition
§ 8-471 - Office of child welfare investigations; training; responsibilities; annual report
§ 8-481 - Healthy families program; administration; consent; access to records
§ 8-504 - Sanitation, fire and hazard inspection
§ 8-505 - Issuance of licenses; application; investigation; renewal
§ 8-506 - Denial, suspension or revocation of license; foster home; hearing; exception
§ 8-506.01 - Denial, suspension, revocation or change of license; child welfare agency; appeal
§ 8-507 - Operation without license
§ 8-508 - Receipt of articles of incorporation
§ 8-510 - Acceptance of children by agency
§ 8-511 - Short-term caregiver
§ 8-512 - Comprehensive medical and dental care; guidelines
§ 8-512.01 - Behavioral health services; urgent need; dependent and adopted children; definition
§ 8-512.02 - Comprehensive health plan expenditure authority fund; reversion
§ 8-514 - Placement in foster homes
§ 8-514.01 - Placement of children with developmental disabilities
§ 8-514.02 - Placement of child
§ 8-514.03 - Kinship foster care; requirements; investigation
§ 8-514.04 - Kinship care program; requirements
§ 8-514.06 - Out-of-home placement; documents; definition
§ 8-514.07 - Kinship foster care; relative identification and notification
§ 8-514.08 - Educational decisions; parent contact information; inability to locate
§ 8-515 - Time limits on placement in receiving home; court orders
§ 8-515.02 - Case assignment; distribution of records
§ 8-515.03 - Duties of local foster care review boards
§ 8-515.04 - State foster care review board; members; personnel; training programs; compensation
§ 8-515.05 - Removal of child from foster parent's home; requirements; notification; review
§ 8-516 - Supervision of foster homes; reports; review of file; progress report
§ 8-517 - Withdrawal from foster home
§ 8-518 - Central registry; change of address; marital status
§ 8-520 - Violations; classification
§ 8-521.01 - Transitional independent living program
§ 8-521.02 - Extended foster care program; requirements
§ 8-522 - Dependency actions; special advocate; appointment; duties; immunity
§ 8-523 - Special advocate program
§ 8-524 - Special advocate fund
§ 8-525 - Open court proceedings; closure; records
§ 8-526 - Child welfare; reporting requirements
§ 8-526.01 - Missing children; reporting requirements; definitions
§ 8-527 - Children in out-of-home care; noninterference with regular school activities
§ 8-528 - Newborn infants left with safe haven providers; placement protocol; definitions
§ 8-529 - Children in foster care; rights
§ 8-530 - Foster parents; rights
§ 8-530.01 - Placement of a child returning to foster care; notification
§ 8-530.02 - Child welfare; joint annual report
§ 8-530.03 - Child placement; time limits
§ 8-532 - Jurisdiction; dependency based termination
§ 8-533 - Petition; who may file; grounds
§ 8-534 - Contents of petition
§ 8-535 - Notice of initial hearing; waiver; guardian ad litem
§ 8-536 - Social study before disposition; contents
§ 8-537 - Termination adjudication hearing
§ 8-538 - Court order; form; contents
§ 8-539 - Effect of court order
§ 8-541 - Records; disclosure; exception
§ 8-542 - Confidentiality of information; violation; classification
§ 8-543 - Sibling information exchange program; definition
§ 8-544 - Termination decrees of other states
§ 8-548 - Enactment of compact; terms
§ 8-548.01 - Financial responsibility
§ 8-548.02 - Interstate compact administrator
§ 8-548.03 - Supplementary agreements
§ 8-548.04 - Financial arrangements
§ 8-548.05 - Visitation, inspection and supervision
§ 8-548.06 - Responsibilities of state departments, agencies and officers
§ 8-550.01 - Child abuse prevention fund; purpose; definition
§ 8-803 - Limitation of authority; duty to inform
§ 8-804 - Central registry; notification; definition
§ 8-804.01 - Maintenance of reports; records
§ 8-805 - Immunity of participants; nonprivileged communications
§ 8-806 - Voluntary placement; conditions; notice of placement; time limit; rules
§ 8-807.01 - Incidents involving fatality or near fatality; definition
§ 8-808 - Parent assistance program
§ 8-809 - Parents' rights; information on website; rule changes
§ 8-810 - Missing children; notification; entry into databases
§ 8-811 - Hearing process; definitions
§ 8-812 - Child welfare agency; nonoperating identification license; photograph
§ 8-813 - Preplacement investigation; medical examination; disposition
§ 8-815 - Indian child welfare act; inquiry
§ 8-816 - Family builders program; services; definitions
§ 8-817 - Initial screening and safety assessment and investigation protocols
§ 8-819 - Determination of neglect
§ 8-822 - Removal of child from home; rules and policies; approval; definition
§ 8-823 - Notice of taking into temporary custody
§ 8-824 - Preliminary protective hearing; probable cause; appointment of counsel
§ 8-825 - Court determinations in preliminary protective hearing
§ 8-826 - Further hearings and proceedings
§ 8-829 - Judicial determinations; timing; documentation
§ 8-831 - Parent's blindness; burden of proof; specific written findings; definitions
§ 8-841 - Dependency petition; service; preliminary orders; hearing
§ 8-842 - Initial dependency hearing; deadlines
§ 8-843 - Initial dependency hearing; rights
§ 8-844 - Dependency adjudication hearing; settlement conference or mediation
§ 8-844.01 - Allegation of aggravating circumstance
§ 8-846 - Services provided to the child and family
§ 8-847 - Periodic review hearings
§ 8-863 - Hearing to terminate parental rights; notice; grounds
§ 8-864 - Timing of motions and hearings; consolidation of hearings
§ 8-871 - Permanent guardianship of a child
§ 8-872 - Permanent guardianship; procedure
§ 8-873 - Revocation of permanent guardianship
§ 8-873.01 - Permanent guardianship dependency proceedings; reunification services
§ 8-874 - Appointment of successor permanent guardian
§ 8-883 - Requirements for contractors
§ 8-884 - Evaluation of community programs; annual report
§ 8-891 - In-home intervention
§ 8-901 - Missing, kidnapped or runaway children; mandatory reporting
§ 8-1151 - Findings and declarations
§ 8-1161 - Responsibilities of regional partnership councils
§ 8-1162 - Composition of regional partnership councils; reimbursement of expenses; immunity
§ 8-1163 - Staff support for regional partnership councils
§ 8-1164 - Designation of regions
§ 8-1171 - Regional and statewide direct and grant program requirements; permitted objectives
§ 8-1172 - Program and grant proposal requirements
§ 8-1173 - Procedures for the award of regional grants
§ 8-1174 - Program and grantee accountability
§ 8-1181 - Early childhood development and health fund
§ 8-1182 - Acceptance of gifts and grants; acceptance of federal, state and local monies; use
§ 8-1183 - Prohibition on supplantation of state funds; additional legislative appropriations
§ 8-1184 - Budget and funding process
§ 8-1185 - Allocation of funds
§ 8-1191 - Members; appointment; terms; oath; immunity
§ 8-1193 - Public record, open meeting, and conflict of interest laws