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| Home > Statutes > Usa Arizona |
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USA Statutes : arizona
Title : Children
Chapter : JUVENILE COURT
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8-201.01 Prohibitions
Notwithstanding any other provision of this chapter or chapter 10 of this title:
1. A child who in good faith is being furnished Christian Science treatment by a
duly accredited practitioner shall not, for that reason alone, be considered to be an
abused, neglected or dependent child.
2. A child whose parent, guardian or custodian refuses to put the child on a
psychiatric medication or questions the use of a psychiatric medication shall not be
considered to be an abused, neglected or dependent child for that reason alone. 8-201 Definitions
In this title, unless the context otherwise requires:
1. "Abandoned" means the failure of the parent to provide reasonable support and to
maintain regular contact with the child, including providing normal supervision.
Abandoned includes a judicial finding that a parent has made only minimal efforts to
support and communicate with the child. Failure to maintain a normal parental
relationship with the child without just cause for a period of six months constitutes
prima facie evidence of abandonment.
2. "Abuse" means the infliction or allowing of physical injury, impairment of
bodily function or disfigurement or the infliction of or allowing another person to cause
serious emotional damage as evidenced by severe anxiety, depression, withdrawal or
untoward aggressive behavior and which emotional damage is diagnosed by a medical doctor
or psychologist pursuant to section 8-821 and is caused by the acts or omissions of an
individual having care, custody and control of a child. Abuse includes:
(a) Inflicting or allowing sexual abuse pursuant to section 13-1404, sexual conduct
with a minor pursuant to section 13-1405, sexual assault pursuant to section 13-1406,
molestation of a child pursuant to section 13-1410, commercial sexual exploitation of a
minor pursuant to section 13-3552, sexual exploitation of a minor pursuant to section
13-3553, incest pursuant to section 13-3608 or child prostitution pursuant to section
13-3212.
(b) Physical injury to a child that results from abuse as described in section
13-3623, subsection C.
3. "Adult" means a person who is eighteen years of age or older.
4. "Adult court" means the appropriate justice court, municipal court or criminal
division of the superior court that has jurisdiction to hear proceedings concerning
offenses committed by juveniles as provided in sections 8-327 and 13-501.
5. "Award" or "commit" means to assign legal custody.
6. "Child", "youth" or "juvenile" means an individual who is under the age of
eighteen years.
7. "Complaint" means a written statement of the essential facts constituting a
public offense that is any of the following:
(a) Made on an oath before a judge or commissioner of the superior court or an
authorized juvenile hearing officer.
(b) Made pursuant to section 13-3903.
(c) Accompanied by an affidavit of a law enforcement officer or employee that
swears on information and belief to the accuracy of the complaint pursuant to section
13-4261.
8. "Custodian" means a person, other than a parent or legal guardian, who stands in
loco parentis to the child or a person to whom legal custody of the child has been given
by order of the juvenile court.
9. "Delinquency hearing" means a proceeding in the juvenile court to determine
whether a juvenile has committed a specific delinquent act as set forth in a petition.
10. "Delinquent act" means an act by a juvenile that if committed by an adult would
be a criminal offense or a petty offense, a violation of any law of this state, or of
another state if the act occurred in that state, or a law of the United States, or a
violation of any law that can only be violated by a minor and that has been designated as
a delinquent offense, or any ordinance of a city, county or political subdivision of this
state defining crime. Delinquent act does not include an offense under section 13-501,
subsection A or B if the offense is filed in adult court. Any juvenile who is prosecuted
as an adult or who is remanded for prosecution as an adult shall not be adjudicated as a
delinquent juvenile for the same offense.
11. "Delinquent juvenile" means a child who is adjudicated to have committed a
delinquent act.
12. "Department" means the department of economic security.
13. "Dependent child":
(a) Means a child who is adjudicated to be:
(i) In need of proper and effective parental care and control and who has no parent
or guardian, or one who has no parent or guardian willing to exercise or capable of
exercising such care and control.
(ii) Destitute or who is not provided with the necessities of life, including
adequate food, clothing, shelter or medical care.
(iii) A child whose home is unfit by reason of abuse, neglect, cruelty or depravity
by a parent, a guardian or any other person having custody or care of the child.
(iv) Under the age of eight years and who is found to have committed an act that
would result in adjudication as a delinquent juvenile or incorrigible child if committed
by an older juvenile or child.
(v) Incompetent or not restorable to competency and who is alleged to have
committed a serious offense as defined in section 13-604.
(b) Does not include a child who in good faith is being furnished Christian Science
treatment by a duly accredited practitioner if none of the circumstances described in
subdivision (a) of this paragraph exists.
14. "Detention" means the temporary confinement of a juvenile who requires secure
care in a physically restricting facility that is completely surrounded by a locked and
physically secure barrier with restricted ingress and egress for the protection of the
juvenile or the community pending court disposition or as a condition of probation.
15. "Incorrigible child" means a child who:
(a) Is adjudicated as a child who refuses to obey the reasonable and proper orders
or directions of a parent, guardian or custodian and who is beyond the control of that
person.
(b) Is habitually truant from school as defined in section 15-803, subsection C.
(c) Is a runaway from the child's home or parent, guardian or custodian.
(d) Habitually behaves in such a manner as to injure or endanger the morals or
health of self or others.
(e) Commits any act constituting an offense that can only be committed by a minor
and that is not designated as a delinquent act.
(f) Fails to obey any lawful order of a court of competent jurisdiction given in a
noncriminal action.
16. "Independent living program" includes a residential program with supervision of
less than twenty-four hours a day.
17. "Juvenile court" means the juvenile division of the superior court when
exercising its jurisdiction over children in any proceeding relating to delinquency,
dependency or incorrigibility.
18. "Law enforcement officer" means a peace officer, sheriff, deputy sheriff,
municipal police officer or constable.
19. "Medical director of a mental health agency" means a psychiatrist, or licensed
physician experienced in psychiatric matters, who is designated in writing by the
governing body of the agency as the person in charge of the medical services of the
agency, or a psychiatrist designated by the governing body to act for the director. The
term includes the superintendent of the state hospital.
20. "Mental health agency" means any private or public facility that is licensed by
this state as a mental health treatment agency, a psychiatric hospital, a psychiatric
unit of a general hospital or a residential treatment center for emotionally disturbed
children and that uses secure settings or mechanical restraints.
21. "Neglect" or "neglected" means the inability or unwillingness of a parent,
guardian or custodian of a child to provide that child with supervision, food, clothing,
shelter or medical care if that inability or unwillingness causes substantial risk of
harm to the child's health or welfare, except if the inability of a parent or guardian to
provide services to meet the needs of a child with a disability or chronic illness is
solely the result of the unavailability of reasonable services.
22. "Petition" means a written statement of the essential facts that allege
delinquency, incorrigibility or dependency.
23. "Prevention" means the creation of conditions, opportunities and experiences
that encourage and develop healthy, self-sufficient children and that occur before the
onset of problems.
24. "Protective supervision" means supervision that is ordered by the juvenile court
of children who are found to be dependent or incorrigible.
25. "Referral" means a report that is submitted to the juvenile court and that
alleges that a child is dependent or incorrigible or that a juvenile has committed a
delinquent or criminal act.
26. "Secure care" means confinement in a facility that is completely surrounded by a
locked and physically secure barrier with restricted ingress and egress.
27. "Serious emotional injury" means an injury that is diagnosed by a medical doctor
or a psychologist and that does any one or a combination of the following:
(a) Seriously impairs mental faculties.
(b) Causes serious anxiety, depression, withdrawal or social dysfunction behavior
to the extent that the child suffers dysfunction that requires treatment.
(c) Is the result of sexual abuse pursuant to section 13-1404, sexual conduct with
a minor pursuant to section 13-1405, sexual assault pursuant to section 13-1406,
molestation of a child pursuant to section 13-1410, child prostitution pursuant to
section 13-3212, commercial sexual exploitation of a minor pursuant to section 13-3552,
sexual exploitation of a minor pursuant to section 13-3553 or incest pursuant to section
13-3608.
28. "serious physical injury" means an injury that is diagnosed by a medical doctor
and that does any one or a combination of the following:
(a) Creates a reasonable risk of death.
(b) Causes serious or permanent disfigurement.
(c) Causes significant physical pain.
(d) Causes serious impairment of health.
(e) Causes the loss or protracted impairment of an organ or limb.
(f) Is the result of sexual abuse pursuant to section 13-1404, sexual conduct with
a minor pursuant to section 13-1405, sexual assault pursuant to section 13-1406,
molestation of a child pursuant to section 13-1410, child prostitution pursuant to
section 13-3212, commercial sexual exploitation of a minor pursuant to section 13-3552,
sexual exploitation of a minor pursuant to section 13-3553 or incest pursuant to section
13-3608.
29. "Shelter care" means the temporary care of a child in any public or private
facility or home that is licensed by this state and that offers a physically nonsecure
environment that is characterized by the absence of physically restricting construction
or hardware and that provides the child access to the surrounding community. 8-202 Jurisdiction of juvenile court
A. The juvenile court has original jurisdiction over all delinquency proceedings
brought under the authority of this title.
B. The juvenile court has exclusive original jurisdiction over all proceedings
brought under the authority of this title except for delinquency proceedings.
C. The juvenile court may consolidate any matter, except that the juvenile court
shall not consolidate any of the following:
1. A criminal proceeding that is filed in another division of superior court and
that involves a child who is subject to the jurisdiction of the juvenile court.
2. A delinquency proceeding with any other proceeding that does not involve
delinquency, unless the juvenile delinquency adjudication proceeding is not heard at the
same time or in the same hearing as a nondelinquency proceeding.
D. The juvenile court has jurisdiction of proceedings to obtain judicial consent to
the marriage, employment or enlistment in the armed services of a child, if consent is
required by law.
E. The juvenile court has jurisdiction over both civil traffic violations and
offenses listed in section 8-323, subsection B that are committed within the county by
persons under eighteen years of age unless the presiding judge of the county declines
jurisdiction of these cases. The presiding judge of the county may decline jurisdiction
of civil traffic violations committed within the county by juveniles if the presiding
judge finds that the declination would promote the more efficient use of limited judicial
and law enforcement resources located within the county. If the presiding judge declines
jurisdiction, juvenile civil traffic violations shall be processed, heard and disposed of
in the same manner and with the same penalties as adult civil traffic violations.
F. The orders of the juvenile court under the authority of this chapter or chapter
3, 5 or 10 of this title take precedence over any order of any other court of this state
except the court of appeals and the supreme court to the extent that they are
inconsistent with orders of other courts.
G. Except as otherwise provided by law, jurisdiction of a child that is obtained by
the juvenile court in a proceeding under this chapter or chapter 3, 5 or 10 of this title
shall be retained by it, for the purposes of implementing the orders made and filed in
that proceeding, until the child becomes eighteen years of age, unless terminated by
order of the court before the child's eighteenth birthday.
H. Persons who are under eighteen years of age shall be prosecuted in the same
manner as adults if either:
1. The juvenile court transfers jurisdiction pursuant to section 8-327.
2. The juvenile is charged as an adult with an offense listed in section 13-501.
8-203.01 Fingerprinting juvenile probation officers; affidavit
A. Beginning July 1, 1985, juvenile probation officers employed by the juvenile
court shall be fingerprinted as a condition of employment. A juvenile probation officer
shall submit fingerprints and the form prescribed in subsection D of this section to the
chief juvenile probation officer within twenty days after the date a juvenile probation
officer begins work. Employment with the juvenile court as a juvenile probation officer
is conditioned on the results of the fingerprint check.
B. Fingerprint checks shall be conducted pursuant to section 41-1750, subsection G.
C. The juvenile court shall assume the costs of fingerprint checks and may charge
these costs to its fingerprinted juvenile probation officer.
D. Juvenile probation officers shall certify on forms that are provided by the
juvenile court and notarized that they are not awaiting trial on and have never been
convicted of or admitted committing any of the following criminal offenses in this state
or similar offenses in another state or jurisdiction:
1. Sexual abuse of a minor.
2. Incest.
3. First or second degree murder.
4. Kidnapping.
5. Arson.
6. Sexual assault.
7. Sexual exploitation of a minor.
8. Contributing to the delinquency of a minor.
9. Commercial sexual exploitation of a minor.
10. Felony offenses involving distribution of marijuana or dangerous or narcotic
drugs.
11. Burglary.
12. Robbery.
13. A dangerous crime against children as defined in section 13-604.01.
14. Child abuse.
15. Sexual conduct with a minor.
16. Molestation of a child.
E. The juvenile court shall make documented, good faith efforts to contact previous
employers of juvenile probation officers to obtain information or recommendations which
may be relevant to an individual's fitness for employment as a juvenile probation
officer.
8-203 Court employees; appointment;certification; qualifications; salary; bond
A. The presiding judge of the juvenile court shall appoint a director of juvenile
court services who shall serve at the pleasure of the presiding juvenile judge.
B. The director of juvenile court services shall recommend the appointment of
deputy probation officers, detention personnel, other personnel and office assistants as
the director deems necessary. Such deputy probation officers, detention personnel, other
personnel and office assistants shall not have authority to act or draw a salary for
their services until their appointments have been approved and ordered by the presiding
judge of the juvenile court. A juvenile probation officer performing field supervision
shall not supervise more than an average of thirty-five juveniles on probation at one
time.
C. Probation department personnel shall qualify under minimum standards of
experience and education established by the supreme court. Notwithstanding section
12-265, any additional salary costs that might be required as a result of the adoption of
minimum salary standards by the supreme court may be paid by funds made available to the
probation department pursuant to sections 12-267 and 12-268 or by the supreme court.
D. The presiding judge of the juvenile court may contract with the juvenile court
and the board of supervisors in one or more adjoining counties jointly to employ one or
more juvenile probation officers who meet the minimum standards, with the salaries and
expenses for such personnel divided equally among the counties involved. The presiding
judge of the juvenile court may contract with the state department of corrections for the
juvenile court to provide parole services in the county.
E. The board of supervisors, on recommendation of the presiding judge of the
juvenile court, shall fix the salary ranges of all juvenile probation department
personnel. Juvenile probation department personnel shall be hired pursuant to the rules
and procedures approved by the supreme court.
F. Each director of juvenile court services and deputy juvenile probation officer
receiving an official salary shall furnish a bond in the sum of not less than two
thousand dollars which is approved by the judge of the juvenile court and conditioned for
the faithful discharge of the duties of his office. If such bonds are furnished by a
surety company licensed to transact business in the state, the premiums on such bonds
shall be a county charge. In the event the employees are included in a master bond
pursuant to county regulations or covered by state risk management, the individual bonds
prescribed shall not be required.
8-204 Termination of appointment; hearing;notice
A. The director of juvenile court services shall serve at the pleasure of the
presiding judge of the juvenile court.
B. In counties which have adopted or hereafter adopt a limited county employee
merit system pursuant to title 11, chapter 2, article 10 or a judicial merit system, all
employees of the juvenile court other than the director of juvenile court services shall
be included in such county merit system or judicial merit system and entitled to the same
privileges and protections provided in such merit system for other county employees or
court employees.
C. In counties without a county employee merit system the employment of a juvenile
probation officer, who has served in such position for more than two years, shall not be
terminated involuntarily unless written notice of the cause for termination is given to
the juvenile probation officer. Such juvenile probation officer may within three days
after such notice request that the presiding judge of the juvenile court review the
termination, and the presiding judge of the juvenile court shall within ten days after
such request for review hear the matter, and the juvenile probation officer shall be
permitted to present evidence on his own behalf at such hearing. The presiding judge of
the juvenile court shall either affirm or withdraw the termination notice, and his
decision shall be final and not appealable.
8-205 Powers and duties of juvenile courtpersonnel
Subject to the limitations of this chapter and chapter 3 of this title or as imposed
by the juvenile court, an authorized juvenile court officer shall:
1. Except as provided by section 8-323, receive and examine all referrals or
ARIZONA uniform traffic ticket and complaint forms involving an alleged delinquent
juvenile or incorrigible child.
2. Perform other duties as required or prescribed by the presiding judge of the
juvenile court.
3. Have the authority of a peace officer in the performance of the court officer's
duties.
4. Receive petitions alleging a child or children as dependent and transmit the
petitions to the juvenile court.
8-206 Venue
A. The venue of proceedings in the juvenile court shall be determined by the county
of the residence of the juvenile, or the county where the alleged dependency or
incorrigibility occurs.
B. The venue of proceedings in the juvenile court in which a petition alleging a
delinquent act is filed is the county where the alleged delinquent act occurs.
C. The venue of proceedings in the juvenile court in which a referral alleging a
delinquent act is diverted pursuant to section 8-321 is the county of residence of the
juvenile or the county where the alleged delinquent act occurs.
D. If the residence of the juvenile and the situs of the alleged dependency or
incorrigibility are in different counties, invoking proceedings in one county shall bar
proceedings in the others.
E. On agreement of the judge in the county of disposition and the judge in the
county of residence and after considering the interests of the victim, juvenile and
supervising probation officer, a juvenile may be supervised on probation in the county of
the juvenile's residence. The judge in the juvenile's county of residence has authority
to enforce the terms and conditions of the juvenile's probation.
8-207 Order of adjudication; noncriminal; useas evidence
A. Except as provided by section 13-904, subsection H, section 13-2921.01 or
sections 28-3304, 28-3306 and 28-3320, an order of the juvenile court in proceedings
under this chapter shall not be deemed a conviction of crime, impose any civil
disabilities ordinarily resulting from a conviction or operate to disqualify the juvenile
in any civil service application or appointment.
B. The disposition of a juvenile in the juvenile court may not be used against the
juvenile in any case or proceeding other than a criminal or juvenile case in any court,
whether before or after reaching majority, except as provided by section 13-2921.01 or
sections 28-3304, 28-3306 and 28-3320.
8-208 Juvenile court records; publicinspection; exceptions
A. The following records relating to a juvenile who is referred to juvenile court
are open to public inspection:
1. Referrals involving delinquent acts, after the referrals have been made to the
juvenile court or the county attorney has diverted the matter according to section 8-321.
2. Arrest records, after the juvenile is an accused as defined by section 13-501.
3. Delinquency hearings.
4. Disposition hearings.
5. A summary of delinquency, disposition and transfer hearings.
6. Revocation of probation hearings.
7. Appellate review.
8. Diversion proceedings involving delinquent acts.
B. On the request of an adult probation officer or state or local prosecutor, the
juvenile court shall release to an adult probation department or prosecutor all
information in its possession concerning a person who is charged with a criminal offense.
C. The juvenile court shall release all information in its possession concerning a
person who is arrested for a criminal offense to superior court programs or departments,
other court divisions or judges or as authorized by the superior court for the purpose of
assisting in the determination of release from custody, bond and pretrial supervision.
D. On request by the appropriate jail authorities for the purpose of determining
classification, treatment and security, the juvenile court shall release all information
in its possession concerning persons who are under eighteen years of age, who have been
transferred from juvenile court for criminal prosecution and who are being held in a
county jail pending trial.
E. The court shall edit the records to protect the identity of the victim or the
immediate family of the victim if the victim has died as a result of the alleged offense.
F. Except as otherwise provided by law, the records of an adoption, severance or
dependency proceeding shall not be open to public inspection.
G. The court may order that the records be kept confidential and withheld from
public inspection if the court determines that the subject matter of any record involves
a clear public interest in confidentiality.
H. The disclosure of educational records received pursuant to section 15-141 shall
comply with the family educational and privacy rights act of 1974 (20 United States Code
section 1232g).
8-221 Counsel right of juvenile, parent orguardian; waiver; appointment; reimbursement; guardian adlitem
A. In all proceedings involving offenses, dependency or termination of parental
rights that are conducted pursuant to this title and that may result in detention, a
juvenile has the right to be represented by counsel.
B. If a juvenile, 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 counsel for the juvenile is waived by both the juvenile and the parent or
guardian.
C. Before any court appearance which may result in institutionalization or mental
health hospitalization of a juvenile, the court shall appoint counsel for the juvenile if
counsel has not been retained by or for the juvenile, unless counsel is waived by both
the juvenile and a parent or guardian with whom the juvenile resides or resided prior to
the filing of a petition. The juvenile, parent or guardian may withdraw the waiver of
counsel at any time.
D. Waiver of counsel pursuant to this section is subject to the provisions of rule
6, subsection (c) of the ARIZONA rules of procedure for the juvenile court.
E. If a juvenile is entitled to counsel and there appears to be a conflict of
interest between a juvenile and the juvenile's parent or guardian including a conflict of
interest arising from payment of the fee for appointed counsel under subsection G of this
section, the juvenile court may appoint an attorney for the juvenile in addition to the
attorney appointed for the parent or guardian or employed by the parent or guardian.
F. The county board of supervisors may fix a reasonable sum to be paid by the
county for the services of an appointed attorney.
G. If the court finds that the juvenile or the parent or guardian of a juvenile has
sufficient financial resources to reimburse, at least in part, the costs of the services
of an attorney appointed pursuant to this section, the court shall order the juvenile or
the parent or guardian to pay to the appointed attorney or the county, through the clerk
of the court, an amount that the parent or guardian is able to pay without incurring
substantial hardship to the family. Failure to obey an order under this subsection is
not grounds for contempt or grounds for withdrawal by the appointed attorney. An order
under this section may be enforced in the manner of a civil judgment.
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 shall appoint a guardian
ad litem to protect the juvenile's best interests. This guardian may be an attorney or a
court appointed special advocate.
8-222 Subpoenas; issuance
A. The clerk may issue subpoenas and any other process to compel the attendance of
witnesses at a hearing involving a child.
B. The county attorney or attorney general who will present evidence at a hearing
involving a juvenile who is accused of committing a delinquent or incorrigible act may
issue subpoenas to compel the attendance of a witness at the hearing.
C. Any person may serve a subpoena issued pursuant to subsection B.
8-223 Jury trials
(Rpld. 1/1/07)
A hearing to terminate parental rights that is held pursuant to section 8-537 or
8-863 shall be tried to a jury if a jury is requested by a parent, guardian or custodian
whose rights are sought to be terminated. 8-224 Request for open hearing A. A person who is the subject of an investigation under chapter 10 of this title may request that a hearing or trial relating to the dependency proceeding be open to the public. The court shall order the hearing to be open to the public unless the court determines for good cause that all or part of the hearing or trial should be closed. The court may receive evidence and shall make written findings in support of its decision. B. The court shall notify a person who is the subject of an investigation under chapter 10 of this title of the right to request an open hearing or trial. 8-231 Juvenile court commissioners;appointment; powers and duties; compensation; qualifications
A. The presiding judge of the juvenile court in a county may appoint juvenile court
commissioners to serve at the pleasure of the presiding judge, provided that the funds
necessary to fill these positions have been approved by the respective county board of
supervisors. A juvenile court commissioner has the powers and duties as are prescribed
by rule of the supreme court.
B. A juvenile court commissioner shall not make ex parte orders which would deprive
a person of custody of his child or deprive a person of his liberty, except in default
hearings or for necessary temporary matters preceding a hearing.
C. A juvenile court commissioner is entitled to receive an annual salary set by the
presiding juvenile court judge at an amount not to exceed the maximum amount provided in
section 12-213. The salary of a juvenile court commissioner is a county charge.
D. To be eligible for appointment as a juvenile court commissioner a person must
meet the following qualifications:
1. Be a member of the state bar of ARIZONA.
2. For at least four years have either engaged in the general practice of law, or
have served as a full-time juvenile court referee or hearing officer for at least four
years or have a combination of both such practice and service.
8-232 County attorney
If a child in a juvenile court hearing who is the subject of the petition that does
not allege a delinquent act or incorrigibility is represented by counsel in a contested
matter, the county attorney, when requested by the juvenile court judge, shall appear and
participate in the hearing to assist in ascertaining and presenting evidence.
8-233 Record of proceeding
The provisions of title 12, chapter 2, article 3, providing for a court reporter
shall apply at any juvenile court hearing conducted by a judge.
8-234 Treatment, community restitution,restraining and protective orders
A. A parent or legal guardian of a person who is under eighteen years of age shall
exercise reasonable care, supervision, protection and control over the parent's or legal
guardian's minor child.
B. On petition of a party or on the court's own motion, the court may make an order
directing, restraining or otherwise controlling the conduct of a person if:
1. An order or disposition of a delinquent, dependent or incorrigible child has
been or is about to be made in a proceeding under this chapter.
2. The court finds that such conduct is or may be detrimental or harmful to the
child, will tend to defeat the execution of an order or disposition made or to be made or
will assist in or is necessary for the rehabilitation of the child.
3. Notice of the petition or motion and the grounds for the petition or motion and
an opportunity to be heard on the petition or motion have been given to the person
against whom the order is directed.
C. The court may invoke its contempt powers pursuant to section 8-247 to enforce
any treatment, counseling, education or other restraining or protective order that
applies to:
1. The child, the parents or guardian of the child or any other party before the
court who is the subject of an order to participate in a counseling, treatment or
education program or any other restraining or protective order.
2. The legal custodians or agencies, including agency personnel, that are ordered
to provide treatment or services to the child, the child's family or any party named in
the dispositional order.
D. The court may order a parent or guardian to pay the cost of any counseling,
treatment or education program ordered pursuant to subsection F of this section.
E. If the court after notice and hearing finds that a person has failed to exercise
reasonable care, supervision, protection and control of a minor pursuant to subsection A
of this section or if the court holds a person in contempt for violating an order issued
pursuant to this section, the court may immediately take one or more of the following
actions:
1. Impose a fine of not more than one thousand dollars, plus any applicable
surcharges and assessments.
2. Impose a term of incarceration in jail for a period of not more than thirty
days.
3. Order the parents or guardian of the child to perform community restitution with
the child.
F. If the court finds that the best interests of the child would be served by
participation in a diversion program, in lieu of taking any action pursuant to subsection
C of this section, the court may order the parent or guardian of a child to participate
in a diversion program, approved by the supreme court, that requires the parent or
guardian to perform community restitution or to attend and successfully complete a
program of counseling, treatment or education. If the terms and conditions of the
diversion order are successfully completed, the court shall dismiss its finding against
the parents. If the court finds that the terms and conditions of the diversion order
were not successfully completed it may take one or more of the actions specified in
subsection B of this section.
G. Before a hearing that may result in incarceration for a person who is alleged to
have violated a court order under this section, the court shall advise the person that
the person has the right to be represented by counsel and that the court may appoint
counsel if the court finds that the person is indigent. 8-235 Appeals
A. Any aggrieved party in any juvenile court proceeding under this title may appeal
from a final order of the juvenile court to the court of appeals in the manner provided
in the ARIZONA rules of procedure for the juvenile court as adopted or approved by the
ARIZONA supreme court.
B. The order of the juvenile court shall not be suspended and the execution of the
order shall not be stayed pending the appeal, except that the appellate court may, by
order, suspend or stay the execution of the order if suitable provision is made for the
care and custody of the juvenile.
C. The court of appeals shall give the appeal precedence over all other actions
except extraordinary writs or special actions.
D. The judge of the juvenile court shall appoint an attorney for an indigent party
appealing a final order of the juvenile court and a reasonable sum shall be fixed by the
court to be paid by the county to the attorney for the appeal.
8-236 Cooperation
A. Every public official and department shall render all assistance and cooperation
within the official's or department's jurisdictional power which may further the objects
of this chapter. An institution or agency to which the juvenile court awards a juvenile
shall give the court, an officer appointed by the court or the county attorney any
information concerning the juvenile as the court, the officer or the county attorney may
require.
B. The juvenile court or the county attorney may seek the cooperation of
organizations whose object is to protect or aid children and family life. The juvenile
court or the county attorney in each county may establish, or assist in the establishment
of, any other public council or committee having as its object the prevention of juvenile
delinquency, including community based alternative programs. The juvenile court or
county attorney may cooperate with, or participate in, the work of any council or
committee for the purpose of preventing or decreasing juvenile delinquency, including
improving recreational, health and other conditions in the community affecting juvenile
welfare.
8-237 Statement or conduct of child; hearsayexception
The out of court statements or nonverbal conduct of a minor regarding acts of abuse
or neglect perpetrated on him are admissible for all purposes in any adoption, dependency
or termination of parental rights proceeding under this title if the time, content and
circumstances of such a statement or nonverbal conduct provide sufficient indication of
its reliability.
8-241 Fees on disposition
A. Notwithstanding section 8-243, the juvenile court shall order the parent of a
juvenile to pay a fee of not less than fifty dollars a month for the supervision of the
juvenile unless, after determining the inability of the parent to pay the fee, the court
orders payment of a lesser amount.
B. If:
1. The department of economic security is the supervising agency, all monies
assessed pursuant to this section shall be ordered to be paid and used as provided in
section 8-243.01.
2. The juvenile probation office is the supervising agency, all monies assessed
pursuant to this section shall be ordered to be paid to the clerk of the superior
court. The clerk of the superior court shall pay all monies collected from this fee to
the county treasurer for deposit in the juvenile probation fund to be used as provided in
section 12-268. Any amount greater than forty dollars of the fee assessed pursuant to
this subsection shall only be used to supplement monies currently used for the salaries
of juvenile probation and surveillance officers and for support of programs and services
of the superior court juvenile probation departments.
3. The department of juvenile corrections is the supervising agency, all monies
assessed pursuant to this section shall be ordered to be paid to the department of
juvenile corrections and shall be used to fund work restitution programs for juveniles.
4. A person or another state agency or state institution is responsible for
supervision, all monies assessed pursuant to this section shall be deposited, pursuant to
sections 35-146 and 35-147, in the state general fund.
8-242 Evaluation and disposition ofdevelopmentally disabled child
A. If evidence indicates that a child who is under the jurisdiction of the court
pursuant to this chapter or chapter 3 or 10 of this title may be suffering from
developmental disabilities, the juvenile court shall order a study and report on the
child's condition.
B. If it appears from the study and the report that such child is developmentally
disabled and the child has been adjudicated dependent, incorrigible or delinquent, the
juvenile court shall hear the matter, and such child shall be assigned by the juvenile
court pursuant to section 8-341 or 8-845. If a developmentally disabled child is
assigned by the juvenile court to the department of economic security, such assignment
shall be subject to the provisions of section 36-560.
C. If it appears from the study and report or hearing that the child is not subject
to assignment as a developmentally disabled child, the juvenile court shall proceed in
the manner as otherwise provided by this chapter or chapter 3 or 10 of this title.
8-243.01 Deposit of child support assessment monies
If a child, the child's estate or guardian, any other person or a parent of a child
in the custody of the department of economic security or a county juvenile probation
office is assessed by the juvenile court for the support of the child pursuant to section
8-241 or section 8-243, the department of economic security shall deposit the monies
received in the children and family services training program fund established pursuant
to section 8-503.01.
8-243.02 Assignment of right to support; priority
A. The right to support of a child receiving foster care maintenance payments
pursuant to 42 United States Code sections 670 through 676 is assigned to this state by
operation of law. The agency in this state administering the provisions of 42 United
States Code sections 651 through 665 shall take all steps necessary to enforce the
assigned rights to support.
B. This state's assigned right to support has priority over the claims of all
support claimants until the amounts due this state are satisfied.
C. This section does not prohibit a court from entering a parental assessment order
pursuant to section 8-241 or 8-243.
8-243 Liability of parents to bear expense;exception
A. The supreme court shall administer the activities, including providing the cost
of services, for children who are referred to the juvenile court as incorrigible or
delinquent and who are placed in foster care other than in a state institution or who
require shelter care or treatment. If the juvenile court places a referred child in
foster care or orders a referred child to participate in treatment or an education
program or if a probation officer requires a child to comply with a program pursuant to
section 8-321, subsection F, the juvenile court shall inquire into the ability of the
child or the child's parent to bear the charge or expense of the foster care, treatment,
education program or program required pursuant to section 8-321, subsection F. If the
court is satisfied that the child or the child's parent can bear the charge or expense or
any portion of the charge or expense, the juvenile court may fix the amount of the
payment and shall direct the child or parent to pay the amount monthly to the clerk of
the court until the child is discharged from foster care, treatment, an education program
or a program required pursuant to section 8-321, subsection F. The clerk of the court
shall transmit monies collected monthly to the supreme court for deposit in the juvenile
probation services fund to reimburse the cost of services incurred under sections 8-321
and 8-322. Monies collected for this purpose are exempt from section 41-2421, subsection
C.
B. If the juvenile court awards or commits a child to the department of juvenile
corrections or other state department or institution, the juvenile court shall inquire
into the ability of the child, the child's estate, parent or guardian or the person who
has custody of the child to bear the charge, expense and maintenance including the
medical, dental and mental health care of the child while the child is committed to the
custody of the department of juvenile corrections or other public or private institution
or agency, or private person or persons. If the court is satisfied that the child, the
child's estate, parent or guardian or the person who has custody of the child can bear
the charges, expense and maintenance or any portion of them, the juvenile court shall fix
the amount thereof and direct that the child, the child's estate, parent or guardian or
the person who has custody of the child pay the amount monthly to the department of
juvenile corrections or other public or private institution or agency, or private person
or persons to which the child is awarded or committed. The department of juvenile
corrections or other public or private institution or agency or private person or persons
shall acknowledge the receipt of the monies. The department of juvenile corrections shall
retain and utilize the money it receives to fund work restitution programs for
juveniles. Except as provided in section 8-243.01, other state institutions or agencies
shall deposit, pursuant to sections 35-146 and 35-147, the money in the state general
fund. The juvenile court shall transmit a copy of its orders concerning payment along
with its order of commitment.
C. If the juvenile court awards or commits a child to a juvenile detention
facility, the juvenile court shall inquire into the ability of the child, the child's
estate, parent or guardian or the person who has custody of the child to bear the charge,
expense and maintenance including food, clothing, shelter and supervision of the child
while the child is detained in a juvenile detention facility. If the juvenile court is
satisfied that the child, the child's estate, parent or guardian or the person who has
custody of the child can bear the charges, expense and maintenance or any portion of
them, the juvenile court may fix the amount of the payment and direct that the child, the
child's estate, parent or guardian or the person who has custody of the child pay the
amount monthly to the juvenile court. The assessment is collectible as a civil judgment.
The juvenile court shall acknowledge the receipt of the monies and shall transmit the
monies monthly to the county treasurer for deposit in the county general fund. The
juvenile court shall transmit a copy of its orders concerning payment along with its
order of commitment.
D. Subsection C of this section does not apply to foster parents and group homes.
8-244 Removal of child from state
The juvenile court may permit the person to whom a child's or ward's care is
temporarily awarded to remove a dependent child or ward of the court from this state, on
recognizance, with or without sureties, that satisfies the court, obligating the person
to produce the child or ward when required by the court.
8-245 Physical and mental care
When a child under the jurisdiction of the juvenile court appears to be in need of
medical or surgical care, the juvenile court may order the parent, guardian or custodian
to provide treatment for the child in a hospital or otherwise. If the parent, guardian or
custodian fails to provide the care as ordered, the juvenile court may enter an order
therefor, and the expense, when approved by the juvenile court, shall be a county
charge. The juvenile court may adjudge that the person required by law to support the
child pay part or all of the expenses of treatment in accordance with provisions of
section 8-243.
8-246 Jurisdiction; length of commitment;placement; assessment
A. When jurisdiction of a juvenile has been acquired by the juvenile court, the
juvenile shall continue under the jurisdiction of the juvenile court until the juvenile
attains eighteen years of age, unless sooner discharged pursuant to law. From the time of
commitment to the department of juvenile corrections, a juvenile shall be subject to the
control of the department of juvenile corrections until the juvenile's absolute discharge
or until expiration of the commitment on the juvenile's eighteenth birthday.
B. Except pursuant to section 8-341, subsection N and section 8-344, the awarding
of a juvenile shall not extend beyond the juvenile's eighteenth birthday, and commitment
to the department of juvenile corrections shall be until the juvenile attains eighteen
years of age unless sooner discharged by the department of juvenile corrections.
C. The supreme court in cooperation with the department of juvenile corrections and
other state agencies shall develop a common risk needs assessment instrument to be used
for each juvenile who is referred to the juvenile court. The juvenile court shall update
the risk needs assessment on each subsequent referral of the juvenile to the juvenile
court, and the court shall use the risk needs assessment to determine the appropriate
disposition of the juvenile. The supreme court in cooperation with the department of
juvenile corrections shall develop guidelines to be used by juvenile court judges in
determining those juveniles who should be committed to the department of juvenile
corrections.
8-247 Contempt powers
The juvenile court may punish a person for contempt of court for wilfully violating,
neglecting or refusing to obey or perform any lawful order of the juvenile court or for
obstructing or interfering with the proceedings of the juvenile court or the enforcement
of its orders subject to the laws relating to the procedures therefor and the limitations
thereon.
8-261 Definitions
In this article, unless the context otherwise requires:
1. "Court" means the juvenile division of the superior court.
2. "Family counseling programs" means those public and private programs established
pursuant to rules and guidelines promulgated and administered by the presiding judge of
the juvenile division of the superior court in each participating county and approved by
the supreme court for the purpose of strengthening family relationships and prevention of
juvenile delinquency.
3. "Juvenile population" means the number of persons under the age of eighteen
years in each county, as determined at least annually by the department of economic
security.
4. "Matching funds" means state monies distributed by the supreme court to a
participating county on a four-to-one ratio provided by the state and participating
county respectively.
8-262 Establishing voluntary programs
Any county in this state may establish family counseling programs pursuant to this
article. These programs shall be administered by the court and may be carried out by
certified public and private agencies.
8-263 Order for counseling; administration;enforcement
A. In addition to or prior to entering a judgment pursuant to article 4 of this
chapter, the court may order parents or guardians of a child referred to the court and
such child to attend family counseling programs administered by the court pursuant to
this article.
B. The frequency of attendance at the counseling sessions provided for in
subsection A, times and locations thereof and areas of counseling to be emphasized shall
be as determined by the court. The court may employ personnel and delegate to public and
private agencies execution of the family counseling programs. Payment for services
necessary to carry out the provisions of this section shall be a county charge to the
matching funds as provided in this article.
C. The juvenile division of the superior court shall inquire into the ability of
the minor, his estate or parent, guardian or person who has custody of such minor to bear
the charge or expense of conducting counseling sessions provided for by this article. If
the court is satisfied that the minor, his estate or parent, guardian or person who has
custody of such minor can bear such charge or expense, the court may fix the amount
thereof and direct that the minor, his estate or parent, guardian or person who has
custody of such minor pay such amount to the clerk of the court on terms directed by the
court. The clerk of the court shall acknowledge receipt of the money received to the
person paying same. The clerk of the court shall transmit such money to the state
treasurer for deposit in the state general fund. 8-264 Participation by county;certification
A. A county may elect to participate in the family counseling programs by
resolution of the county's board of supervisors. Such resolution shall be delivered to
the supreme court on or before June 15. The supreme court shall then certify a list of
counties which have elected to participate and shall inform those counties of the amounts
of funding available to them.
B. The court shall certify that the amount expended by the county for purposes of
determining matching funds has been utilized to supplement, not supplant, county or state
funds that would otherwise be made available for family counseling services.
C. The court shall certify that the amount of aid provided by the state and county
to a family counseling program pursuant to this article does not exceed seventy per cent
of the program's annual operating budget.
8-265 County's share of matching funds;appropriation by legislature
A. A county's share of the matching funds may be provided by such county in cash or
an amount not in excess of twenty-five per cent of such share may be credited for other
expenditures of the county in similar counseling services. A county providing matching
funds for a federal program for similar services shall be given credit as contributing
cash under this subsection in an equal amount for purposes of matching funds for state
programs. The amount of such credit to be allowed shall be determined by the court.
B. The legislature shall annually appropriate to the supreme court an amount
sufficient to carry out the state's obligation pursuant to this article and shall specify
the maximum amount payable to each participating county which shall include a basic
amount of money made available in equal amounts to each participating county and the
remainder of the appropriation to be made available to each participating county based
upon the percentage that each such county's juvenile population is to the total juvenile
population of the participating counties.
8-271 Definitions
In this article, unless the context otherwise requires:
1. "Dually adjudicated child" means a child who is found to be dependent or
temporarily subject to court jurisdiction pending an adjudication of a dependency
petition and who is alleged or found to have committed a delinquent or incorrigible act.
2. "Entity" means the department of economic security, the department of juvenile
corrections or a child welfare agency that has been granted legal care, custody and
control of a child by order of the juvenile court and that is responsible for securing
inpatient psychiatric acute care services or residential treatment services for a child.
Entity includes a probation department or juvenile detention center that either
recommends or is ordered by the court to provide inpatient psychiatric acute care
services or residential treatment services for a child.
3. "Inpatient assessment" includes all of the following:
(a) The observation of a child's behavior while the child is in an inpatient
assessment facility.
(b) Psychological or psychiatric testing, if indicated.
(c) A determination as to whether a child needs inpatient psychiatric acute care
services and whether inpatient psychiatric acute care services are the least restrictive
available alternative.
(d) The administration of psychotropic medication and medication monitoring, if
necessary to complete the assessment or to prevent the child from being a danger to self
or others.
(e) A written report that summarizes the results of an inpatient assessment,
including specific recommendations for follow-up care.
(f) A psychiatric or psychological assessment, including a clinical interview with
a child.
(g) An explanation to a child of the least restrictive alternatives available to
meet the child's mental health needs.
(h) A determination as to whether the child may be suffering from a mental
disorder, is a danger to self or others or is persistently or acutely disabled or gravely
disabled, as defined in section 36-501.
(i) A review of a child's medical, social and psychological records, if available.
4. "Level one behavioral health facility" means a behavioral health service agency
that is licensed by the department of health services and that provides a structured
treatment setting with twenty-four hour a day supervision and an intensive treatment
program.
5. "Outpatient assessment" includes all of the following:
(a) A psychiatric or psychological assessment, including a clinical interview with
a child.
(b) An explanation to a child of the least restrictive alternatives available to
meet the child's mental health needs if determined at the time of the assessment.
(c) A determination as to whether the child may be suffering from a mental
disorder, is a danger to self or others or is persistently or acutely disabled or gravely
disabled.
(d) A review of a child's medical, social and psychological records, if available.
(e) A determination as to whether the child needs an inpatient assessment or
inpatient psychiatric acute care services and whether an inpatient assessment or
inpatient psychiatric acute care services are the least restrictive available
alternative.
6. "Physician" means a person who is licensed pursuant to title 32, chapter 13 or
17.
7. "Psychiatric acute care facility" or "inpatient assessment facility" means a
facility that is licensed by the department of health services as a level one behavioral
health facility and that provides psychiatric acute care services.
8. "Psychiatric acute care services" means any of the following:
(a) Emergency or crisis behavioral health services.
(b) Psychiatric and psychological assessments and short-term intensive behavioral
health counseling and treatment for acute episodes or mental disorders.
(c) Medication stabilization and twenty-four hour a day nursing care for a child
who suffers from acute psychiatric or mental disorders or who needs to have a chronic
mental illness stabilized.
9. "Psychiatrist" means a person who is licensed pursuant to title 32, chapter 13
or 17.
10. "Psychologist" means a person who is licensed pursuant to title 32, chapter
19.1.
11. "Residential treatment services" means services, other than psychiatric acute
care services, that are provided by a level one behavioral health facility.
8-272 Psychiatric acute care services;outpatient and inpatient assessments; definition
A. If a child exhibits behavior that indicates the child may suffer from a mental
disorder or is a danger to self or others, an entity may request that the child receive
an outpatient assessment or inpatient assessment.
B. A psychologist, psychiatrist or physician shall conduct an outpatient assessment
at a time and place that is convenient for the psychologist, psychiatrist or physician
and the child. At the conclusion of the outpatient assessment, the psychologist,
psychiatrist or physician shall recommend that the child be either:
1. Provided with outpatient treatment services.
2. Admitted to a psychiatric acute care facility for inpatient assessment or
inpatient psychiatric acute care services.
3. Provided with residential treatment services.
4. Discharged to the entity without further psychological or psychiatric services
because the child does not suffer from a mental disorder, is not a danger to self or
others or is not persistently or acutely disabled or gravely disabled.
C. A psychologist, psychiatrist or physician shall conduct an inpatient assessment
within seventy-two hours after a child is admitted to an inpatient assessment facility,
excluding weekends and holidays. At the conclusion of the inpatient assessment, the
psychologist, psychiatrist or physician shall recommend that the child be either:
1. Admitted to a psychiatric acute care facility for inpatient psychiatric acute
care services.
2. Discharged to an entity and provided with outpatient treatment services.
3. Provided with residential treatment services.
4. Discharged to the entity without further psychological or psychiatric services
because the child does not suffer from a mental disorder, is not a danger to self or
others or is not persistently or acutely disabled or gravely disabled.
D. Within twenty-four hours after a child is admitted for an inpatient assessment,
excluding weekends and holidays, the entity shall file a motion for approval of admission
for inpatient assessment with the juvenile court. The motion shall include all of the
following:
1. The name and address of the inpatient assessment facility.
2. The name of the psychologist, psychiatrist or physician who is likely to perform
the inpatient assessment.
3. The date and time the child was admitted to the inpatient assessment facility.
4. A short statement explaining why the child needs an inpatient assessment.
E. An entity that files a motion under subsection D of this section shall provide a
copy of the motion to all of the parties and their attorneys. The court shall rule on the
motion without response from any party, except that any party may request a hearing to
review the child's admission for an inpatient assessment. If the court grants a hearing,
the court shall set the hearing on an accelerated basis.
F. If the psychologist, psychiatrist or physician who performed the outpatient
assessment or inpatient assessment of the child recommends that the child receive
inpatient acute care psychiatric services, the entity may file a motion for inpatient
psychiatric acute care services with the juvenile court. If the psychologist,
psychiatrist or physician makes this recommendation after conducting an inpatient
assessment, the entity shall file the motion for inpatient psychiatric acute care
services within twenty-four hours after the completion of the inpatient assessment,
excluding weekends and holidays. The motion shall include all of the following:
1. A copy of the written report of the results of the inpatient assessment or
outpatient assessment, including:
(a) The reason why inpatient psychiatric acute care services are in the child's
best interests.
(b) The reason why inpatient psychiatric acute care services are the least
restrictive available treatment.
(c) A diagnosis of the child's condition that requires inpatient psychiatric acute
care services.
(d) The estimated length of time that the child will require inpatient psychiatric
acute care services.
2. A written statement from the medical director of the proposed inpatient
psychiatric acute care facility or the medical director's designee that the facility's
services are appropriate to meet the child's mental health needs.
G. As soon as practicable after the filing of a motion under subsection D or F of
this section, the court shall appoint an attorney for the child if an attorney has not
been previously appointed. The court may also appoint a guardian ad litem for the child.
H. If a motion is filed pursuant to subsection F of this section, the court shall
hold a hearing on the motion within seventy-two hours after the motion is filed,
excluding weekends and holidays. If the child has been admitted for an inpatient
assessment, the child may remain at the inpatient assessment facility until the court
rules on the motion.
I. If a child is admitted for an inpatient assessment and an entity fails to file a
motion pursuant to and within the time limit prescribed in subsection F of this section,
the child shall be discharged from the inpatient assessment facility.
J. If the court approves the admission of the child for inpatient psychiatric acute
care services, the court shall find by clear and convincing evidence that both:
1. The child is suffering from a mental disorder or is a danger to self or others
and requires inpatient psychiatric acute care services.
2. Available alternatives to inpatient psychiatric acute care services were
considered, but that inpatient psychiatric acute care services are the least restrictive
available alternative.
K. The court shall review the child's continuing need for inpatient psychiatric
acute care services at least every sixty days after the date of the treatment order. The
inpatient psychiatric acute care facility shall submit a progress report to the court at
least five days before the review and shall provide copies of the progress report to all
of the parties, including the child's attorney and guardian ad litem. On its own motion
or on the motion of a party, the court may hold a hearing on the child's continuing need
for inpatient psychiatric acute care services. If requested by the child, the court shall
hold a hearing unless the court has held a review hearing within sixty days before the
child's request. If requested by the child, the court may hold a hearing at any time for
good cause shown. The progress report shall make recommendations and shall include at
least the following:
1. The nature of the treatment provided, including any medications and the child's
current diagnosis.
2. The child's need for continued inpatient psychiatric acute care services,
including the estimated length of the services.
3. A projected discharge date.
4. The level of care required by the child and the potential placement options that
are available to the child on discharge.
5. A statement from the medical director of the inpatient psychiatric acute care
facility or the medical director's designee as to whether inpatient psychiatric acute
care services are necessary to meet the child's mental health needs and whether the
facility that is providing the inpatient psychiatric acute care services to the child is
the least restrictive available alternative.
L. If a child is transferred from an inpatient psychiatric acute care facility to
another inpatient psychiatric acute care facility, no new inpatient assessment or
outpatient assessment is required. Unless the court orders otherwise due to an emergency,
an entity shall file a notice of transfer with the juvenile court at least five days
before the transfer of the child. The notice shall include all of the following:
1. The name and address of the facility to which the child is being transferred and
the date of the transfer.
2. A statement from the medical director of the receiving inpatient psychiatric
acute care facility or the medical director's designee that the receiving facility is an
appropriate facility to meet the child's mental health needs and that it is the least
restrictive available alternative.
3. A statement that the entity has contacted the child's attorney or guardian ad
litem and whether the child or the child's attorney or guardian ad litem opposes the
transfer.
M. Any party may request a hearing to review the transfer of a child to another
inpatient psychiatric acute care facility pursuant to subsection L of this section.
N. Within fifteen days after a child is discharged, the inpatient psychiatric acute
care facility shall prepare a discharge summary. Within twenty days after a child is
discharged, an entity shall file a notice of discharge with the juvenile court. The
notice shall include:
1. A statement of the child's current placement.
2. A statement of the mental health services that are being provided to the child
and the child's family.
3. A copy of the discharge summary that is prepared by a mental health
professional.
O. When possible, the child's attorney shall communicate with the child within
twenty-four hours after a motion is filed pursuant to subsection D or F of this section,
excluding weekends and holidays. The child's attorney shall discuss treatment
recommendations and shall advise the child of the child's right to request a hearing.
The child's attorney or designee shall attend all court hearings related to the child's
inpatient assessment or inpatient psychiatric acute care services and shall be prepared
to report to the court the child's position on any recommended assessments or treatment.
The child may attend any hearing unless the court finds by a preponderance of the
evidence that allowing the child to attend would not be in the child's best interests.
P. If the child is a dually adjudicated child, the entity that requests an order
for inpatient psychiatric acute care services shall notify any other entity of all
notices, motions, hearings or other proceedings related to the provision of inpatient
psychiatric acute care services. Any entity may attend and participate in all hearings or
other proceedings relating to the provision of inpatient psychiatric acute care services
to a dually adjudicated child.
Q. Section 8-273 applies if residential treatment services are recommended after an
inpatient assessment or outpatient assessment or any inpatient psychiatric acute care
treatment. Section 8-341.01 applies if a child who is adjudicated delinquent or
incorrigible and who is subject to the jurisdiction of the juvenile court requires
residential treatment services. Section 41-2815 applies if a child who is committed to
the department of juvenile corrections requires residential treatment services.
R. Information and records that are obtained or created in the course of any
assessment, examination or treatment are subject to the confidentiality requirements of
section 36-509, except that information and records may be provided to the department of
juvenile corrections pursuant to section 8-341.
S. For the purposes of this section, "child" means a person who is under eighteen
years of age and who is either:
1. Found to be dependent or temporarily subject to court jurisdiction pending an
adjudication of a dependency petition.
2. In the temporary custody of child protective services pursuant to section 8-821.
3. Detained in a juvenile court detention facility.
4. Committed to the department of juvenile corrections.
8-273 Residential treatment services; definition
A. If a child exhibits behavior that indicates the child may suffer from a mental
disorder or if it is recommended as a result of an outpatient assessment or inpatient
assessment pursuant to section 8-272 that a child receive residential treatment services,
an entity may file a motion requesting that the juvenile court order a child to receive
residential treatment services. If the motion states that all parties, including counsel
for the child, have been contacted and are in agreement, the court is not required to set
a hearing on the motion.
B. A motion for residential treatment services shall be supported by a written
psychological, psychiatric or medical assessment recommending residential treatment
services. The court may waive the written assessment on a finding of good cause. The
written assessment shall include at least the following:
1. The reason why residential treatment services are in the child's best interests.
2. The reason why residential treatment services are the least restrictive
treatment available.
3. The reason why the child's behavioral, psychological, social or mental health
needs require residential treatment services.
4. The estimated length of time that the child will require residential treatment
services.
C. A motion for residential treatment services shall be supported by a written
statement from the medical or clinical director of the residential treatment facility or
the director's designee that the facility's services are appropriate to meet the child's
needs.
D. As soon as practicable after an entity files a motion under subsection A of this
section, the court shall appoint an attorney for the child if an attorney has not been
previously appointed. The court may also appoint a guardian ad litem for the child.
E. The child's attorney shall discuss the treatment recommendations with the child.
The child's attorney or designee shall attend all court hearings related to the child's
placement in a residential treatment facility and shall be prepared to report to the
court on the child's position regarding any recommendations or requests related to the
provision of residential treatment services. The child may appear at any hearing, unless
the court finds by a preponderance of the evidence that allowing the child to attend the
hearing would not be in the child's best interests.
F. If the court orders a child to receive residential treatment services, the court
shall find by clear and convincing evidence that both:
1. The child requires residential treatment services to address the child's
behavioral, psychological, social or mental health needs.
2. Available alternatives to residential treatment services were considered, but
that residential treatment services are the least restrictive available alternative.
G. The court shall review the child's continuing need for residential treatment
services at least every sixty days from the date of the treatment order. The residential
treatment facility shall submit a progress report to the court at least five days before
the review and shall provide copies of its report to all of the parties, including the
child's attorney and guardian ad litem. The progress report shall include the
recommendations of the child's treatment facility and shall include at least the
following:
1. The nature of the treatment provided, including any medications and the child's
current diagnosis.
2. The child's need for continued residential treatment services, including the
estimated length of the services.
3. A projected discharge date.
4. The level of care required by the child and the potential placement options that
are available to the child on discharge.
5. A statement from the medical or clinical director of the residential treatment
services facility or the director's designee as to whether residential treatment services
are necessary to meet the child's needs and whether the facility that is providing the
residential treatment services to the child is the least restrictive available
alternative.
H. On its own motion or on the motion of a party, the court may schedule a hearing
concerning the child's continuing need for residential treatment services. If requested
by the child, the court shall schedule a hearing unless the court has held a review
hearing within sixty days before the child's request. If requested by the child, the
court may hold a hearing at any time for good cause shown.
I. If the child is a dually adjudicated child, the entity that requests an order
for residential treatment services shall notify any other entity of all notices, motions,
hearings or other proceedings related to the provision of residential treatment services.
Any entity may attend and participate in all hearings or other proceedings relating to
the provision of residential treatment services to a dually adjudicated child.
J. Information or records that are obtained or created pursuant to any assessment,
examination or treatment are subject to the confidentiality requirements of section
36-509, except that information and records may be provided to the department of juvenile
corrections pursuant to section 8-341.
K. This section does not apply to a child who is either:
1. Committed to the department of juvenile corrections. Section 41-2815 applies if
a child who is committed to the department of juvenile corrections requires residential
treatment services.
2. Adjudicated delinquent or incorrigible and who is subject to the jurisdiction of
the juvenile court. Section 8-341.01 applies if a child who is adjudicated delinquent or
incorrigible and who is subject to the jurisdiction of the juvenile court requires
residential treatment services.
L. For the purposes of this section, "child" means a person who is under eighteen
years of age and who is either:
1. Found to be dependent or temporarily subject to court jurisdiction pending an
adjudication of a dependency petition.
2. In the temporary custody of child protective services pursuant to section 8-821.
8-291.01 Effect of incompetency; request for examination
A. A juvenile shall not participate in a delinquency, incorrigibility or criminal
proceeding if the court determines that the juvenile is incompetent to proceed.
B. At any time after the filing of a petition for delinquency or incorrigibility or
a petition that seeks to transfer a juvenile to adult court, a party may request in
writing or the court on its own motion may order that the juvenile be examined to
determine if the juvenile is competent. The request shall state the facts in support of
the request for a competency examination. The presence of a mental illness, defect or
disability alone is not grounds for finding a juvenile incompetent. The court shall not
order a juvenile who is under the jurisdiction of the juvenile court to participate in a
treatment program for the restoration of competency unless the court made a prior finding
of probable cause pursuant to rule 3(f), rules of procedure for the juvenile court.
8-291.02 Expert appointment; costs; immunity
A. If the court determines that grounds exist for a competency examination, the
court shall appoint two or more mental health experts, at least one of whom is a
psychiatrist licensed pursuant to title 32, chapter 13 or 17. The mental health experts
shall examine the juvenile, issue a report and, if necessary, testify regarding the
juvenile's competency. The state and the juvenile may stipulate to the appointment of
only one expert.
B. The court may order the juvenile to submit to any physical, neurological or
psychological examination, if necessary, to adequately determine the juvenile's mental
condition.
C. The county shall pay the costs of any examination that is ordered pursuant to
subsection B, except that if a municipal court judge refers a case, the political
subdivision shall pay the costs of the examination.
D. This section does not prohibit any party from retaining the party's own expert
to conduct additional examinations at the party's own expense.
E. A person who is appointed as a mental health expert or a clinical liaison is
immune from liability for acts or omissions pursuant to this section, except that the
mental health expert or clinical liaison may be liable for intentional, wanton or grossly
negligent acts that are done in the performance of the expert's or liaison's duties.
8-291.03 Screening report
A. After the court determines that reasonable grounds exist to support the plea of
insanity, the court or any party, with the consent of the juvenile, may request that the
mental health expert provide a screening report. The screening report shall include both:
1. The mental status of the juvenile at the time of the offense.
2. If the mental health expert determines that the juvenile suffered from a mental
disease, defect or disability at the time of the offense, the relationship of the
disease, defect or disability to the alleged offense.
B. If the juvenile's state of mind at the time of the offense will be included in
the examination, counsel for the juvenile shall provide the available juvenile court,
medical and educational records to the court. The court shall not appoint the expert to
address the issue until the court receives the records.
C. Within ten working days after the mental health expert is appointed, the parties
shall provide any of the juvenile's additional medical or criminal history records that
are requested by the court or the mental health expert.
8-291.04 Examination; competency to stand trial
A. The court shall set and may change the conditions under which the examination of
competency to stand trial is conducted.
B. Within three working days after the motion is granted and the mental health
experts are appointed, the parties shall provide all of the juvenile's available medical
and criminal history records to the appointed mental health experts.
C. The defense attorney shall be available to the mental health expert who conducts
the examination.
D. A proceeding to determine if a juvenile is competent to stand trial shall not
delay a judicial determination of the juvenile's eligibility for preadjudication release.
Unless the court determines that a juvenile's preadjudication detention is necessary for
the evaluation process, a juvenile who is otherwise entitled to release shall not be
involuntarily confined or detained solely because the issue of the juvenile's competence
to stand trial has been raised and an examination has been ordered.
E. If a juvenile is granted preadjudication release, the court may order the
juvenile to appear at a designated time and place for an outpatient examination. The
court may make the juvenile's appearance a condition of the juvenile's preadjudication
release from detention.
F. The court may order that the juvenile be involuntarily detained until the
examination is completed if the court determines that any of the following applies:
1. The juvenile will not submit to an outpatient examination as a condition of
release.
2. The juvenile refuses to appear for an examination.
3. An adequate examination is impossible without the detention of the juvenile.
G. If a juvenile is detained or committed for an inpatient examination, the length
of the detention or commitment shall not exceed the period of time that is necessary for
the examination. The detention or commitment for examination shall not exceed thirty
days, except that the detention or commitment may be extended by fifteen days if the
court finds that extraordinary circumstances exist. The county shall pay the costs of an
inpatient examination, except that if a municipal court judge orders the inpatient
examination, the political subdivision shall pay the costs of the examination.
8-291.05 Misdemeanor charges; dismissal; notice
A. If the court finds that a juvenile has been adjudicated incompetent to stand
trial within the past year, the court may hold a hearing to dismiss any misdemeanor
charge against the juvenile if the juvenile continues to be incompetent to stand trial.
The court shall give ten days' notice of the hearing to the prosecutor and the juvenile.
On receipt of this notice, the prosecutor shall notify the victim of the hearing.
B. If a misdemeanor charge is dismissed pursuant to this section, the court may
order the initiation of civil commitment proceedings or may appoint a guardian ad litem
to proceed with a dependency investigation.
8-291.06 Privilege against self-incrimination; sealed reports
A. The privilege against self-incrimination applies to any examination or to any
statement that is made to restoration personnel during the course and scope of a court
ordered restoration program.
B. Any evidence or statements that are obtained during an examination or any
evidence or statements that are made to restoration personnel during the course and scope
of a restoration program are not admissible in any proceeding to determine the juvenile's
guilt or innocence unless the juvenile presents evidence that is intended to rebut the
presumption of sanity.
C. Any statement that a juvenile makes during any examination, any statement that a
juvenile makes to restoration personnel during the course and scope of a restoration
program or any evidence resulting from the statement concerning any other event or
transaction is not admissible in any proceeding to determine the juvenile's guilt or
innocence of any other charges that are based on those events or transactions.
D. Any statement that the juvenile makes during an examination, any part of the
evaluations that is obtained during an examination or any statements that the juvenile
makes to restoration personnel during the course and scope of a restoration program may
not be used for any purpose without either:
1. The written consent of the juvenile or the juvenile's guardian.
2. A court order that is entered by the court that ordered the examination or that
is conducting a dependency or severance proceeding.
E. After the case proceeds to adjudication or the juvenile is found to be unable to
regain competence, the court shall order all of the reports that are submitted pursuant
to this article to be sealed. The court may order that the reports be opened only as
follows:
1. For further competency or sanity evaluations.
2. For statistical analysis.
3. When the records are deemed to be necessary to assist in mental health treatment
pursuant to this article or section 13-502.
4. For data gathering.
5. For scientific study.
F. If the court orders reports to be open for the purposes of statistical analysis,
data gathering or scientific study pursuant to subsection E of this section, the reports
shall be anonymous.
G. Any statement that a juvenile makes during an examination, any statement that a
juvenile makes to restoration personnel during the course and scope of a restoration
program or any evidence resulting from that statement is not subject to disclosure
pursuant to section 36-509.
8-291.07 Mental health expert reports
A. A mental health expert shall submit a written report of the examination to the
court within ten working days after the examination. The mental health expert shall file
the report with the clerk of the court. The clerk shall seal and file the original
report. The mental health expert shall provide a copy of the report to the defense
attorney for redaction. Within twenty-four hours after the defense attorney receives a
copy of the report, the defense attorney shall provide copies of the redacted report to
the state and the court.
B. The report shall include at least the following information:
1. The name of the mental health expert who examined the juvenile.
2. A description of the nature, content, extent and results of the examination and
any test that was conducted.
3. The facts on which the findings are based.
4. An opinion as to the competency of the juvenile.
C. If the mental health expert determines that the juvenile is incompetent to stand
trial, the report shall also include the following information:
1. The nature of any mental disease, defect or disability that is the cause of the
juvenile's incompetency.
2. The juvenile's prognosis.
3. If the mental health expert believes that the juvenile may be restored to
competency, what in the expert's opinion is needed to restore the juvenile to competency
and whether restoration can be accomplished in six months or less.
4. If the juvenile is currently receiving medication, how the medication might
affect the juvenile in the process.
D. If the mental health expert determines that the juvenile is currently competent
because of ongoing treatment with psychotropic medication, the report shall address the
necessity of continuing that treatment and shall include a description of any limitations
that the medication may have on competency.
8-291.08 Competency hearings; restoration orders
A. Within thirty days after a report is filed pursuant to section 8-291.07, the
court shall hold a hearing to determine if a juvenile is competent to stand trial. The
parties may introduce other evidence regarding the juvenile's mental condition or may
submit the matter by written stipulation on the mental health expert's report or reports.
B. If the court finds that the juvenile is competent to stand trial, the
proceedings shall continue without delay.
C. If the court initially finds that the juvenile is incompetent but may be
restored to competency, the court shall order that the juvenile undergo an attempt at
restoration to competency.
D. If the court initially finds that the juvenile is incompetent and there is not a
substantial probability that the juvenile will be restored to competency within two
hundred forty days, the court shall dismiss the matter with prejudice and shall initiate
civil commitment proceedings, if appropriate. The court may appoint a guardian ad litem
to proceed with a dependency investigation.
E. All restoration orders that are issued by the court shall specify the following:
1. The name of the restoration program provider and the location of the program.
2. Transportation to the program site.
3. The length of the restoration program.
4. Transportation after the program ends.
5. The frequency of reports.
8-291.09 Restoration order; commitment
A. The court may order a juvenile to participate in an outpatient or inpatient
competency restoration program or may commit the juvenile for competency restoration to
the state hospital or another facility. The juvenile court shall approve all competency
restoration programs. In determining the type and location of the program, the court
shall select the least restrictive alternative after making a finding of probable cause
and considering the following:
1. If confinement is necessary for program participation.
2. If the juvenile meets the civil commitment criteria under title 36, chapter 5.
B. The court shall appoint a guardian ad litem for a juvenile who is ordered to
participate in an inpatient or outpatient program pursuant to this section. The guardian
ad litem shall both:
1. Coordinate the continuity of care following restoration.
2. In cooperation with the restoration program, advise the court on matters
relating to the appropriateness of the form and location of the program and, on request
of the court, shall submit a written report. The court shall distribute copies of any
report to the prosecutor and the defense attorney. The privilege against
self-incrimination applies to all reports and communications with the juvenile.
C. An order entered pursuant to this section shall state if the juvenile is
incompetent to refuse treatment pursuant to section 13-4511, including medication.
D. The state shall pay the costs of an inpatient competency restoration program at
the state hospital until either:
1. Ten days, excluding Saturdays, Sundays or other legal holidays, after the
hospital submits a report to the court stating that the juvenile has regained competence
or that there is no substantial probability that the juvenile will regain competency
within six months after the date of the original finding of incompetency.
2. The restoration order expires.
3. Seven days, excluding Saturdays, Sundays or other legal holidays, after the
charges are dismissed.
E. The state shall pay the costs of a restoration program for a juvenile who is a
ward of the court unless the court orders otherwise. If the court orders otherwise, the
county shall pay the costs of the restoration program, or if the proceeding arises out of
municipal court, the political subdivision shall pay the costs of the restoration
program.
F. A restoration order that is issued pursuant to this section is valid for one
hundred eighty days from the date of the initial finding of incompetency or until one of
the following occurs, whichever occurs first:
1. The restoration program submits a report that the juvenile has regained
competency or that there is no substantial probability that the juvenile will regain
competency within the period of the order.
2. The charges are dismissed.
3. The juvenile reaches eighteen years of age.
8-291.10 Reports; hearings
A. The mental health expert who consults with the restoration program shall
submit a written report to the court before any hearing that is held pursuant to this
section. The clerk of the court shall seal and file the original report. The mental
health expert shall provide a copy of the report to the defense attorney for redaction.
Within twenty-four hours after receiving a copy of the report, the defense attorney shall
provide copies of the redacted report to the state and the court. A report shall be filed
as follows:
1. Every sixty days.
2. Whenever the mental health expert believes the juvenile is competent to proceed.
3. Whenever the mental health expert believes that there is no substantial
probability that the juvenile will regain competency before the expiration of the order
for participation in a competency restoration program.
4. Fourteen days before the expiration of the maximum term of the restoration
order.
B. The report shall include the mental health expert's findings and the information
required under section 8-291.07. If the report states that the juvenile remains
incompetent, the report shall state the likelihood that the juvenile will regain
competency, an estimated time period for the restoration of competency and
recommendations for program modification, if necessary. If the report states that the
juvenile has regained competency, the report shall state the effect, if any, of any
limitations that are imposed by any medications used in the effort to restore the
juvenile's competency.
C. The court may hold a hearing regarding a juvenile's progress toward competency
on the request of the prosecutor, the defense attorney or the guardian ad litem.
D. Except as provided in subsection C of this section, the court shall hold a
hearing to determine the juvenile's progress towards regaining competency as follows:
1. On the court's own motion.
2. On receipt of a report that is submitted by the restoration program pursuant to
subsection A of this section.
3. Not less than three months before the juvenile's eighteenth birthday.
E. If at the hearing conducted pursuant to subsection D of this section the court
finds that the juvenile has regained competency, the juvenile shall be returned to the
juvenile court and the proceedings against the juvenile shall continue in juvenile court
without delay.
F. If at a hearing based on a report that is filed pursuant to subsection A,
paragraph 4 of this section the juvenile court finds that the juvenile has not been
restored to competency but that the juvenile has made substantial progress toward
restoration to competency, the court may extend the restoration program period for an
additional sixty days for good cause if the court determines by clear and convincing
evidence that further participation will lead to restoration to competency.
G. If at a hearing that is held pursuant to subsection D, paragraph 3 of this
section the court finds that the juvenile is not restored to competency and is not
restorable within the time left before the juvenile's eighteenth birthday, the court
shall dismiss the charges with prejudice if the offense is a misdemeanor, may dismiss the
charges with prejudice if the offense is not an offense listed in section 13-501,
subsection A or B or shall dismiss the charges without prejudice if the offense is an
offense listed in section 13-501, subsection A or B.
H. If at a hearing that is held pursuant to subsection C or subsection D, paragraph
1 or 2 of this section the court finds that the juvenile is incompetent to proceed and
that there is not a substantial probability that the juvenile will regain competency
within two hundred forty days after the date of the original finding of incompetency, the
court shall dismiss the charges with prejudice and shall initiate civil commitment
proceedings, if appropriate. The court shall order the guardian ad litem to proceed with
a dependency investigation.
8-291.11 Records
The court and the department of health services shall keep records of the offenses
for which a juvenile was charged, any court ordered examination and treatment outcomes.
8-291 Definitions
In this article, unless the context otherwise requires:
1. "Clinical liaison" means a mental health expert or another individual who has
experience and training in mental health or developmental disabilities and who is
qualified and appointed by the court to aid in coordinating the treatment or training of
juveniles who are found incompetent to stand trial. If mental retardation is an issue,
the clinical liaison shall be an expert in mental retardation.
2. "Incompetent" means a juvenile who does not have sufficient present ability to
consult with the juvenile's lawyer with a reasonable degree of rational understanding or
who does not have a rational and factual understanding of the proceedings against the
juvenile.
3. "Juvenile" means a person who is under eighteen years of age at the time the
issue of competency is raised.
4. "Mental health expert" means a physician who is licensed pursuant to title 32,
chapter 13 or 17 or a psychologist who is licensed pursuant to title 32, chapter 19.1 and
who is all of the following:
(a) Familiar with this state's competency standards and statutes.
(b) Familiar with the treatment, training and restoration programs that are
available in this state.
(c) Certified by the court as meeting court developed guidelines.
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