Ariz. R. P. Juv. Ct. 313

As amended through August 22, 2024
Rule 313 - Release of Information
(a) Records Confidential Generally. All records of proceedings under Rule 327 and of dependency, guardianship under A.R.S. §§ 8-871 through 8-874, termination of parental rights, and other related proceedings are confidential and must be withheld from public inspection unless authorized by law, rule, or court order.
(1)Access without Court Order. A parent, petitioner, or when named as a party, a court-appointed legal guardian or DCS, may inspect and copy case records while that individual remains a party to the case. On appeal, a party may inspect and copy records created prior to the ruling upon which the appeal is taken. The following other individuals and entities are authorized to inspect and copy case records without review by the court:
(A) a current party's attorney of record and current GAL;
(B) Arizona judicial officers, clerks, administrators, professional, or other staff employed by or working under supervision of the court, including staff of the Administrative Office of the Courts, Dependent Children's Services Division, or the local foster care review boards as needed to carry out their assigned duties;
(C) CASAs pursuant to A.R.S. § 8-522(F);
(D) a designated member or staff of the Arizona Commission on Judicial Conduct performing duties under the Commission's rules;
(E) a court-appointed legal guardian not a party to the case who requests a certified copy of the guardian's appointment order during the term of the guardian's appointment; and
(F) a designee of ADJC as needed to carry out the designee's assigned duties for any individual who is subject to a commitment order.
(2)Access by Court Order. The following individuals and entities must obtain a court order before inspecting the case record:
(A) an individual who was the subject of a dependency, a guardianship under A.R.S. §§ 8-871 through 8-874, or a termination of parental rights action as a minor;
(B) an individual who is not qualified under subpart (a)(1) or whose parental rights were terminated or who was dismissed from the case;
(C) a designee of DCS when DCS is not a party in the case upon a showing that inspection is required to carry out DCS responsibilities;
(D) a foster parent to inspect and copy records other than records a foster parent is authorized to inspect under A.R.S. § 8-514(D)(5);
(E) a participant as defined under Rule 302(c); and
(F) any other individual or entity not otherwise authorized by this rule to inspect records.
(b) Inspection of Court Records. Any person may file a request with the court to inspect court records in a case involving child abuse, abandonment, or neglect that has resulted in a fatality or near fatality. In ruling on this request, the court must consider:
(1) whether doing so is in the child's best interests;
(2) whether inspection of the records 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, caregivers, and any other person whose privacy rights the court determines need protection;
(4) whether all the parties have agreed to allow the inspection;
(5) the wishes of a child at least 12 years of age who is a party to the proceeding; and
(6) whether inspection of the records could cause specific material harm to a criminal investigation.
(c) Redaction. If the court grants the request for inspection of court records, the court must redact any information subject to the requirements of A.R.S § 8-525(B)(1) through (6) and A.R.S. § 8-807.01(A)(1).

Ariz. R. P. Juv. Ct. 313

Adopted Dec. 8, 2021, effective 7/1/2022.