A.R.S. tit. 8 ch. 2 — Arizona Revised Statutes Title 8 Chapter 2 — Juvenile Court

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": (a) 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 and is caused by the acts or omissions of an individual who has the care, custody and control of a child, including an employee of a child welfare agency where a child is placed that is licensed by and contracted with the department. (b) Includes: (i) 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 sex trafficking pursuant to section 13-3212. (ii) Physical injury that results from allowing a child to enter or remain in any structure or vehicle in which volatile, toxic or flammable chemicals are found or equipment is possessed by any person for the purpose of manufacturing a dangerous drug as defined in section 13-3401. (iii) Unreasonable confinement of a child. 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 eighteen years of age. 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. "Criminal conduct allegation" means an allegation of conduct by a parent, guardian or custodian of a child or an adult member of the victim's household that, if true, would constitute any of the following: (a) A violation of section 13-3623 involving child abuse. (b) A felony offense that constitutes domestic violence as defined in section 13-3601. (c) A violation of section 13-1404 or 13-1406 involving a minor. (d) A violation of section 13-1405, 13-1410 or 13-1417. (e) Any other act of abuse that is classified as a felony. (f) An offense that constitutes domestic violence as defined in section 13-3601 and that involves a minor who is a victim of or was in imminent danger during the domestic violence. 9. "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. 10. "DCS report" means a communication received by the centralized intake hotline that alleges child abuse or neglect and that meets the criteria for a report as prescribed in section 8-455. 11. "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. 12. "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. 13. "Delinquent juvenile" means a child who is adjudicated to have committed a delinquent act. 14. "Department" means the department of child safety. 15. "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 eight years of age 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 13-706. (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. 16. "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. 17. "Director" means the director of the department. 18. "Health professional" has the same meaning prescribed in section 32-3201. 19. "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. 20. "Independent living program" includes a residential program with supervision of less than twenty-four hours a day. 21. "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. 22. "Law enforcement officer" means a peace officer, sheriff, deputy sheriff, municipal police officer or constable. 23. "Medical director of a mental health agency": (a) 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. (b) Includes the superintendent of the state hospital. 24. "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. 25. "Neglect" or "neglected" means: (a) 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, guardian or custodian 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. (b) Allowing a child to enter or remain in any structure or vehicle in which volatile, toxic or flammable chemicals are found or equipment is possessed by any person with the intent and for the purpose of manufacturing a dangerous drug as defined in section 13-3401. (c) A determination by a health professional that a newborn infant was exposed prenatally to a drug or substance listed in section 13-3401 and that this exposure was not the result of a medical treatment administered to the mother or the newborn infant by a health professional. This subdivision does not expand a health professional's duty to report neglect based on prenatal exposure to a drug or substance listed in section 13-3401 beyond the requirements prescribed pursuant to section 13-3620, subsection E. The determination by the health professional shall be based on one or more of the following: (i) Clinical indicators in the prenatal period including maternal and newborn presentation. (ii) History of substance use or abuse. (iii) Medical history. (iv) Results of a toxicology or other laboratory test on the mother or the newborn infant. (d) Diagnosis by a health professional of an infant under one year of age with clinical findings consistent with fetal alcohol syndrome or fetal alcohol effects. (e) Deliberate exposure of a child by a parent, guardian or custodian to sexual conduct as defined in section 13-3551 or to sexual contact, oral sexual contact or sexual intercourse as defined in section 13-1401, bestiality as prescribed in section 13-1411 or explicit sexual materials as defined in section 13-3507. (f) Any of the following acts committed by the child's parent, guardian or custodian with reckless disregard as to whether the child is physically present: (i) Sexual contact as defined in section 13-1401. (ii) Oral sexual contact as defined in section 13-1401. (iii) Sexual intercourse as defined in section 13-1401. (iv) Bestiality as prescribed in section 13-1411. 26. "Newborn infant" means a child who is under thirty days of age. 27. "Petition" means a written statement of the essential facts that allege delinquency, incorrigibility or dependency. 28. "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. 29. "Protective supervision" means supervision that is ordered by the juvenile court of children who are found to be dependent or incorrigible. 30. "Qualified young adult" means a former dependent child who is at least eighteen years of age and not over twenty-one years of age, who meets the criteria for an extended foster care program pursuant to section 8-521.02 and who signs a voluntary agreement to participate in the program. 31. "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. 32. "Secure care" means confinement in a facility that is completely surrounded by a locked and physically secure barrier with restricted ingress and egress. 33. "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 sex trafficking 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. 34. "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 sex trafficking 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. 35. "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. 36. "Standardized hotline assessment tool" means any written tool used to make a determination that the allegation of abuse or neglect that is the subject of a report received pursuant to section 8-455 involves conduct that warrants investigation by the department pursuant to section 8-456 or 8-471. 37. "Young adult administrative review" means an administrative review of a voluntary extended foster care case plan with the qualified young adult, the department's case specialist or designee, an independent party who is not responsible for the case management of or the delivery of services to the qualified young adult and any other individual the young adult invites. 8-201.01. Prohibitions A. Notwithstanding any other provision of this chapter or chapter 4, articles 8, 9, 10, 11, 12, 13 and 14 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. B. A parent may not be considered as having abused, neglected or abandoned or be charged with abuse, neglect or abandonment of a biological, foster or adoptive child solely for seeking inpatient treatment or an out-of-home placement if the child's behavioral health needs pose a risk to the safety and welfare of the family. C. A parent may not be considered as having abused or neglected or be charged with abuse or neglect of a child solely for bringing into the home a biological, foster or adoptive child whose behavioral health needs pose a risk to the safety and welfare of the family. D. A parent, guardian or custodian may not be considered as having abused or neglected or be charged with abuse or neglect of a child solely based on the inability of the parent, guardian or custodian to provide the child with supervision, food, clothing, shelter or medical care if the inability is due solely to a lack of financial resources available to the parent, guardian or custodian. 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: 1. Obtain judicial consent to the marriage, employment or enlistment in the armed services of a child, if consent is required by law. 2. In an action in which parental rights are terminated pursuant to chapter 4, article 5 or 11 of this title, change the name of a minor child who is the subject of the action. If the minor child who is the subject of the action is twelve years of age or older, the court shall consider the wishes of the child with respect to the name change. E. The juvenile court has jurisdiction over civil traffic violations, civil marijuana violations and offenses listed in section 8-323, subsection B that are committed within the county by persons who are 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 and civil marijuana 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 and civil marijuana 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 or 4 of this title take precedence over any order of any other court of this state except for the following: 1. An order entered in the criminal court concerning an ongoing case that governs a criminal defendant's ability to contact the victim, the family of the victim or other minor children if the criminal court makes a finding that contact with other minor children would pose a risk of harm to those children. 2. An order by the court of appeals and the supreme court to the extent they are inconsistent with orders of other courts. G. Except as provided in subsection H of this section, jurisdiction of a child that is obtained by the juvenile court in a proceeding under this chapter or chapter 3 or 4 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. At any time before an adjudication hearing or a proceeding in which a juvenile is admitting to an allegation in a petition that alleges the juvenile is delinquent, the state may file a notice of intent to retain jurisdiction over a juvenile who is seventeen years of age. If the state files a notice of intent to retain jurisdiction, the juvenile court's jurisdiction over a juvenile is retained on the filing of the notice and the court shall retain jurisdiction over the juvenile until the juvenile reaches nineteen years of age, unless before the juvenile's nineteenth birthday either: 1. Jurisdiction is terminated by order of the court. 2. The juvenile is discharged from the jurisdiction of the department of juvenile corrections pursuant to section 41-2820. I. 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. J. The juvenile court shall retain jurisdiction after a juvenile's eighteenth birthday for the purpose of: 1. Designating an undesignated felony offense as a misdemeanor or felony, including after an adjudication is set aside pursuant to section 8-348. 2. Modifying an outstanding monetary obligation imposed by the court except for victim restitution. 3. Implementing section 36-2862. K. The juvenile court has jurisdiction to make the initial determination prescribed in section 8-829 whether the voluntary participation of a qualified young adult in an extended foster care program pursuant to section 8-521.02 is in the young adult's best interests. 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. 8-203.01. Fingerprinting juvenile probation officers; affidavit A. 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 seven working 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 the 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, dangerous drugs or narcotic drugs. 11. Burglary. 12. Robbery. 13. A dangerous crime against children pursuant to section 13-705. 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 that may be relevant to an individual's fitness for employment as a juvenile probation officer. 8-204. Juvenile court employees; merit system; annual report 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, juvenile probation officers, juvenile surveillance officers and juvenile detention officers other than the director and deputy 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. Deputy directors and all other employees of the juvenile court may be included in the county merit system or judicial merit system at the discretion of the presiding judge of the superior court in each county. C. The director of juvenile court services, in addition to all other duties, must submit an annual report to the presiding judge of the superior court and the legislature that includes the number of juveniles that the court has retained jurisdiction over pursuant to section 8-202, subsection H. The director shall provide a copy of this report to the secretary of state. 8-205. Powers and duties of juvenile court personnel 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; use as evidence A. Except as provided by section 13-904, subsection H, section 13-2921.01, section 17-340 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, section 17-340 or sections 28-3304, 28-3306 and 28-3320. 8-208. Juvenile court records; public inspection; 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). 8-209. Juvenile court facilities; juvenile shelters; treatment services If appropriate facilities are available to the juvenile court, the presiding judge of the superior court may do both of the following: 1. Authorize juvenile court staff to provide services within the facilities. 2. Enter into an agreement for the use of those facilities by a provider of juvenile shelter or treatment services. 8-221. Counsel right of juvenile, parent or guardian; appointment; guardian ad litem A. The court shall appoint an attorney for a child in all delinquency proceedings that commence with a petition or that may involve detention. The court shall appoint the child's attorney before the first hearing. The child's attorney shall represent the child at all stages of the proceedings. B. The court shall appoint an attorney for a child in all proceedings involving dependency or termination of parental rights before the first hearing. The appointed attorney shall determine whether the child has diminished capacity that would impact the child's ability to express the child's own opinion or to make decisions for the child. In making this determination, the appointed attorney shall consult with the child, other individuals who know the child or who have a significant relationship with the child and the child's family or an authorized representative of the child's family. C. If an attorney who is appointed pursuant to subsection B of this section determines that a normal attorney-client relationship is not reasonably possible to maintain and that the child is not able to direct the legal representation due to diminished capacity or the child's inability to express the child's own opinion, the appointed attorney shall use substituted judgment to determine what the child would decide if the child was capable of making an adequately considered decision when considering what is in the best interest of the child. The appointed attorney shall do all of the following: 1. Make a good faith effort to determine the child's needs and wishes. 2. Consult with the child, other individuals who know the child or who have a significant relationship with the child and the child's family or an authorized representative of the child's family. 3. Represent the child in accordance with the determination of the child's needs and wishes. D. If in the course of representing a child an attorney who is appointed pursuant to subsection B of this section reasonably believes that the child is at risk of substantial physical, financial or other harm and that the child does not have the capacity to adequately act in the child's own interest, the appointed attorney shall do either of the following: 1. Inform the court of the substantial risk of harm, taking into account the wishes and values of the child and the child's best interests and respecting the child's family and social connections. 2. Request that the court appoint a guardian ad litem for the child. E. If a 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 the person knowingly, intelligently and voluntarily waives counsel. F. Before any court appearance that may result in institutionalization or mental health hospitalization of a juvenile, the court shall appoint counsel for the juvenile if counsel has not been previously appointed or retained by or for the juvenile. G. The county board of supervisors may fix a reasonable sum to be paid by the county for the services of an appointed attorney. 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 may appoint a guardian ad litem to protect the juvenile's best interests. This guardian ad litem shall be an attorney. The guardian ad litem is not the child's attorney. J. Any guardian ad litem or attorney appointed for a juvenile shall meet with the juvenile before the preliminary protective hearing, if possible, or within fourteen days after the preliminary protective hearing. The guardian ad litem or the child's attorney also shall meet with the juvenile before all substantive hearings. On a showing of extraordinary circumstances, the judge may modify this requirement for any substantive hearing. 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. 8-231. 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 not 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 $1,000, 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. H. This section does not prevent a health insurer that is subject to title 20 or an Arizona health care cost containment system contractor from covering an expense that is related to the child's treatment or care. 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 minor; hearsay exception The out-of-court statements or nonverbal conduct of a minor regarding acts of abuse or neglect perpetrated on the minor are admissible for all purposes in any adoption, dependency, termination of parental rights or guardianship proceeding under this title if the time, content and circumstances of such a statement or nonverbal conduct provide sufficient indication of its reliability. 8-238. Advisory hearing; DNA A. If a juvenile is charged with a violation of any of the following offenses and is summoned to appear at an advisory hearing, the judicial officer shall order the juvenile to report within five days to the law enforcement agency that investigated the juvenile or to the agency's designee and submit a sufficient sample of buccal cells or other bodily substances for deoxyribonucleic acid testing and extraction: 1. An offense listed in title 13, chapter 11. 2. A violation of section 13-1402, 13-1403, 13-1404, 13-1405, 13-1406, 13-1410, 13-1411 or 13-1417. 3. A violation of section 13-1507 or 13-1508. 4. A violation of any serious offense as defined in section 13-706 that is a dangerous offense as defined in section 13-105. B. If a juvenile does not comply with an order issued pursuant to subsection A of this section, the court shall revoke the juvenile's release. C. The investigating law enforcement agency or its designee shall transmit the sample to the department of public safety. D. Section 13-610, subsections H, I, J, K, M and N, are applicable to samples collected pursuant to this section. 8-242. Evaluation and disposition of a child with developmental disabilities A. If evidence indicates that a child who is under the jurisdiction of the court pursuant to this chapter, chapter 3 or chapter 4, articles 8, 9, 10, 11, 12, 13 and 14 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 a child with a developmental disability 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 child with a developmental disability is assigned by the juvenile court to the department, 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 child with a developmental disability, the juvenile court shall proceed in the manner as otherwise provided by this chapter, chapter 3 or chapter 4, articles 8, 9, 10, 11, 12, 13 and 14 of this title. 8-243. Expenses of child services; parent liability prohibited 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 may not order the child or the child's parent or guardian to bear the charge or expense of the foster care, treatment, education program or program required pursuant to section 8-321, subsection F. 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 may not order the child or the child's parent or guardian 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. C. If the juvenile court awards or commits a child to a juvenile detention facility, the juvenile court may not order the child or the child's parent or guardian 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. D. This section does not prevent a health insurer that is subject to title 20 or an Arizona health care cost containment system contractor from covering an expense that is related to the child's treatment or care. 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. 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 A. 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 court may not order a child or the parent or guardian of a child who is in residential placement as a term of probation, detention or incarceration to pay for treatment expenses. B. A county with a population of more than one million persons shall pay claims approved by the county from a facility or provider for medical or surgical care to a child that is a county charge pursuant to subsection A of this section, unless otherwise provided by an intergovernmental agreement, as follows: 1. For inpatient and outpatient hospital services, the county shall reimburse at a level that does not exceed the reimbursement methodology established pursuant to section 36-2903.01, subsection G. 2. For health and medical services, the county shall reimburse at a level that does not exceed the capped fee-for-service schedule that is adopted by the Arizona health care cost containment system administration pursuant to title 36, chapter 29, article 1 and that is in effect at the time the services are delivered. C. This section does not prevent a health insurer that is subject to title 20 or an Arizona health care cost containment system contractor from covering an expense related to the child's treatment or care. 8-246. Jurisdiction; length of commitment; placement; assessment; definition 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 or, if the juvenile court has retained jurisdiction over the person pursuant to section 8-202, subsection H, nineteen 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 discharge pursuant to section 41-2820. B. Except pursuant to section 8-341, subsection I and section 8-344, and unless the court has retained jurisdiction over the person pursuant to section 8-202, subsection H: 1. The awarding of a juvenile shall not extend beyond the juvenile's eighteenth birthday. 2. 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 adjudicated delinquent in the juvenile court. The juvenile court shall update the risk needs assessment on each subsequent adjudication, 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. D. For the purposes of this section, "juvenile" includes a person who is under eighteen years of age or, if the juvenile court has retained jurisdiction over the person pursuant to section 8-202, subsection H, under nineteen years of age. 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. 8-248. Hearing; service providers; definition A. On motion of any party asserting that a child or parent has a statutory or contractual right to receive services from an agency or private service provider, either directly or as a third party beneficiary, a court, after giving notice and an opportunity to be heard, may order the agency or private service provider to appear at a hearing to discuss the child or parent’s service plan. B. If the child or parent is eligible to receive behavioral health services with title XIX or XXI of the social security act monies, the court may order the agency or private service provider to provide only those behavioral health services that the agency or private service provider determines to be medically necessary covered services. C. This section does not prohibit the agency or private service provider that has received notice of the hearing from meeting with the parent or child's representative before the hearing to coordinate services. D. For the purposes of this section, "private service provider" means any individual or entity that receives federal, state or local government funding or reimbursement for providing services directly to a child who is adjudicated a ward of the court. 8-249. Restoration of civil rights; persons adjudicated delinquent A. A person who was adjudicated delinquent and whose period of probation has been completed may have the right to possess or carry a firearm restored by the superior court in the county where the person was adjudicated at the end of the person's term of probation. B. A person who was adjudicated delinquent and who has been discharged from probation, on proper application, may have the right to carry or possess a firearm restored by the judge of the juvenile court in the county where the person was adjudicated delinquent or the judge's successors. The clerk of the superior court shall process the application on the request of the person involved or the person's attorney. The clerk of the superior court shall serve a copy of the application on the county attorney. The clerk of the superior court may not charge a filing fee for the application. C. If the person's adjudication was for a dangerous offense under section 13-704, a serious offense as defined in section 13-706, burglary in the first degree, burglary in the second degree or arson, the person may not file for the restoration of the right to possess or carry a firearm until the person attains thirty years of age. If the person's adjudication was for any other felony offense, the person may not file for the restoration of the right to possess or carry a firearm for two years from the date of the person's discharge. 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 A. In addition to or before 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 the child to attend family counseling programs administered by the court pursuant to this article. B. The court shall determine the frequency of attendance at the counseling sessions provided for in subsection A of this section, the times and locations of the counseling sessions and the areas of counseling to be emphasized. The court may employ personnel and delegate to public and private agencies execution of the family counseling programs. C. The court may not order a child or the child's parent or guardian to pay for the cost of counseling sessions or other services that are authorized by this section. 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. D. This section does not prevent a health insurer that is subject to title 20 or an Arizona health care cost containment system contractor from covering a cost that is related to the child's treatment or care. 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 th