A.R.S. § 8-291.05 — Arizona Code / Title 8 / Chapter 2 / Article 8 / Section 291.05
8-291.05 Misdemeanor charges; dismissal; notice
Status: in_force

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.
A.R.S. § 8-291.04 — Arizona Code / Title 8 / Chapter 2 / Article 8 / Section 291.04
8-291.04 Examination; competency to stand trial
Status: in_force

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.
A.R.S. § 8-108 — Arizona Code / Title 8 / Chapter 1 / Article 1 / Section 108
8-108 Petition for child's custody by noncertified party; hearing; exceptions
Status: in_force

8-108. Petition for child's custody by noncertified party; hearing; exceptions

A. A person who is not currently certified as acceptable to adopt but who has custody of a child who the person intends to adopt shall petition the court for an order permitting that person to keep custody of the child pending certification. The person shall file the petition not later than five days after the person obtains custody of the child. The court shall hold a hearing within ten days after the person files the petition. The child shall attend the hearing, except for good cause shown.  At the hearing the burden of proof is on the petitioner to show that permitting custody is in the child's best interests. The court may permit the petitioner to have custody or it may order that custody be given to some other person or agency as it deems to be in the child's best interests.  If the court permits the person to continue to have custody of the child, the court shall order the investigation for preadoption certification and report as required by section 8-105 to continue.  If an application for certification has not been filed before the hearing, the court shall order that an application for certification be filed within thirty days after the hearing date.

B. If a petition is not filed by the person intending to adopt a child, the division, an agency or any other interested person may petition the court for such a hearing. On the filing of a petition the court shall set the matter for hearing and issue its order to the person having custody of the child to appear before it to show cause why custody should not be denied. The hearing shall then be held and the court's order made as provided in subsection A of this section.

C. A custody petition or hearing is not required in any of the following cases:

1. If the person who intends to adopt the child is the spouse of a birth parent of the child.

2. If the person who intends to adopt the child or one of these persons is an uncle, aunt, adult sibling, grandparent, or great-grandparent of the child of the whole or half-blood or by marriage.

3. If the person who intends to adopt the child is currently certified as acceptable to adopt the child.

4. If custody of the child has been given or is to be given to an agency or to the division or to a licensed or certified foster home.

5. If the person who intends to adopt the child is currently the court appointed guardian of the child.
A.R.S. § 8-530.04 — Arizona Code / Title 8 / Chapter 4 / Article 4 / Section 530.04
8-530.04 Educational placement; best interest of child; transportation
Status: in_force

8-530.04. Educational placement; best interest of child; transportation

A. Within five days after a child enters foster care or if a child's placement changes, the child, if appropriate, the child's caseworker, the child's parent, guardian, custodian, caregiver or foster parent and representatives from the local education agency or the child's school of origin shall determine if it is in the child's best interest to remain in the child's school of origin. The decision shall be based on all factors relating to the child's best interest, including consideration of the child's unique educational needs, appropriateness of the current educational setting and the proximity to the school in which the child is enrolled at the time of placement. The department shall ensure transportation for the child during the best interest educational placement determination process.  If it is determined that the school of origin is not in the best interest of the child, the new educational institution shall be included in the determination process.

B. Within two days after it is determined that a change of educational placement is in the best interest of the child, the new educational institution shall enroll the child and the child's school of origin shall transfer the child's education records to the child's new educational institution within two days after notice of the child's change in educational placement.  A child shall be immediately enrolled in the new educational institution even if the child does not possess the records normally required for enrollment in the child's new educational institution or owes any outstanding fines or fees to the school of origin.

C. The department and educational agency shall jointly ensure that a child receives transportation to the educational institution determined to be in the child's best interest, including a charter school or educational institution located outside of the child's current school district.  In ensuring a child receives transportation to the educational institution determined to be in the child's best interest, the department may coordinate with the department of education and local education agencies and enter into necessary information sharing, data sharing and financial agreements. A school district may cross school district boundaries when transporting a student pursuant to this section. The department or educational agency may provide financial assistance to the child's caregiver or other approved adult for transportation if the department and the child's new educational institution are unable to transport the child.
A.R.S. § 8-884 — Arizona Code / Title 8 / Chapter 4 / Article 13 / Section 884
8-884 Evaluation of community programs; annual report
Status: in_force

8-884. Evaluation of community programs; annual report

A. In developing the method of evaluating community substance abuse prevention and treatment programs, the department of child safety in partnership with the Arizona health care cost containment system as joint administrators of the program shall prescribe evaluation factors that are consistent with the following outcome goals:

1. Increase the availability, timeliness and accessibility of substance abuse treatment to improve child safety, family stability and permanency for children in foster care or other out-of-home placement, with a preference for reunification with a child's birth family.

2. Increase the availability, timeliness and accessibility of substance abuse treatment to persons receiving temporary assistance for needy families to achieve self-sufficiency through employment.

3. Increase the availability, timeliness and accessibility of substance abuse treatment to promote recovery from alcohol and drug problems.

B. The department of child safety shall retain a person to evaluate the performance of the contractor for each community program according to the factors developed pursuant to subsection A of this section. The person shall report at least every three months to the department and each contractor on the performance of each contractor.  Annually by November 1, the person shall prepare and deliver to the legislature a statewide report concerning the prior fiscal year.
A.R.S. § 8-232 — Arizona Code / Title 8 / Chapter 2 / Article 3 / Section 232
8-232 County attorney
Status: in_force

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.
A.R.S. § 8-392.01 — Arizona Code / Title 8 / Chapter 3 / Article 7 / Section 392.01
8-392.01 Notice of right to request not to receive committed youth communication; definition
Status: in_force

8-392.01. Notice of right to request not to receive committed youth communication; definition

A. Within fifteen days after a juvenile defendant is committed to the department of juvenile corrections, the prosecutor's office shall notify the victim of the right of the victim, any member of the victim's family or any member of the victim's household to request not to receive any communication from the committed youth who was adjudicated delinquent for an offense committed against the victim. The notice shall:

1. Be made on the postadjudication notice request form provided by the prosecutor to the victim pursuant to section 8-392.

2. Inform the victim of the right of the victim, or any member of the victim's family or household who is denoted by the victim on the form, to request not to receive any communication from the committed youth.

3. Instruct the victim how to file the completed request form with the department of juvenile corrections.

4. Include the following statement:

If the juvenile defendant is incarcerated in the department of juvenile corrections, you have the right to request that the juvenile defendant not send you, members of your family or members of your household any communication.  If the juvenile defendant sends you or your family or household members any communication after you have made this request, you or the members of your family or household have the right to report the incident to the department of juvenile corrections for sanctions against the juvenile defendant.

B. On receipt of a postadjudication notice request form in which a request not to receive any communication is indicated, the department of juvenile corrections shall notify the committed youth of the request and that making any communication to the victim, or the family or household members who are denoted by the victim, shall result in appropriate sanctions.

C. The department of juvenile corrections shall not knowingly allow any communication to any person who requests not to receive any committed youth communication pursuant to this section.

D. For the purposes of this section, "communication" means any written, verbal or nonverbal communication, including mail, electronic communications and telephone calls.
A.R.S. § 8-247 — Arizona Code / Title 8 / Chapter 2 / Article 4 / Section 247
8-247 Contempt powers
Status: in_force

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.
A.R.S. § 8-810 — Arizona Code / Title 8 / Chapter 4 / Article 8 / Section 810
8-810 Missing; abducted; runaway children; notification; training; audit
Status: in_force

8-810. Missing; abducted; runaway children; notification; training; audit

A. Immediately or within twenty-four hours after receiving a report made pursuant to section 13-3620 or receiving information during the course of providing services that indicates a child who is a ward of the court or who is in the care of the department is missing, abducted or a runaway and the child's location is unknown, the department shall notify the appropriate law enforcement agency to make the record entry as follows:

1. For an abducted child, the Arizona criminal justice information system.

2. For an abducted, missing or runaway child, the national crime information center missing person database.

B. Immediately or within twenty-four hours after receiving a report of a missing, abducted or runaway child, the department shall do the following:

1. Report information on the missing, abducted or runaway child to the national center for missing and exploited children.

2. Unless it is determined by the primary investigative agency that it will hinder investigation or location efforts, contact the following persons to obtain information about the child's disappearance:

(a) The child's parents.

(b) The child's known relatives.

(c) The child's out-of-home caregivers.

(d) The child's attorney.

(e) The child's guardian or guardian ad litem.

(f) The child's court appointed special advocate.

(g) The child's school, friends or household members or other persons who may have relevant information about the circumstances surrounding the child's abduction or disappearance.

(h) Any other persons known to the department who may have relevant information regarding the child's location.

3. Unless it is determined by the primary investigative agency that it will hinder investigation or location efforts, provide a notice of disappearance in writing and telephonically to the following persons:

(a) The child's parents.

(b) The child's known relatives.

(c) The child's out-of-home caregivers.

(d) The child's attorney.

(e) The child's guardian or guardian ad litem.

(f) The child's court appointed special advocate.

(g) A judicial officer in any judicial matter involving the child.

(h) The duty assistant attorney general to initiate a motion for a pickup.

(i) If the child is a member of an Indian tribe in this state, the child's Indian tribe.

C. Immediately or within twenty-four hours after receiving a report, the department shall request the appropriate law enforcement agency to determine if the situation meets amber alert criteria or silver alert criteria pursuant to section 41-1728. The appropriate law enforcement agency shall document its response regarding amber alert or silver alert criteria.

D. Within forty-eight hours after receiving a report of a missing, abducted or runaway child, the department shall provide the local law enforcement agency with, and the local law enforcement agency shall provide to all local media outlets and post to social media platforms, all of the following information regarding the child and, if known, the child's abductor:

1. A complete physical description of the child and, if known, the child's abductor.

2. The last known location of the child or, if known, the child's abductor.

3. A description of the clothing the child or, if known, the child's abductor was last known to be wearing.

4. A description of any vehicle that may be involved with the child's disappearance.

5. Current photos of the child and, if available, the child's abductor.

6. A law enforcement telephone number.

7. Information regarding any offered rewards.

E. The appropriate law enforcement agency shall update social media platforms with updated information regarding the missing, abducted or runaway child.

F. For a child who has been missing or abducted or who has been a runaway for two or more years, the appropriate law enforcement agency shall work, when possible, to create an age-appropriate progression image of the child.

G. The department shall do all of the following on an ongoing basis until a missing, abducted or runaway child is located or the child reaches the age of majority:

1. Document in writing every effort the department has made to locate the missing, abducted or runaway child within ten days after the effort to locate the child is taken. The written document shall specify the notifications and documentation sent to individuals and departments pursuant to the requirements of this section.

2. Contact law enforcement every seven calendar days and document the information provided and received.

3. For a child who has been missing or abducted or who has been a runaway for two or more years, work with the national center for missing and exploited children to create an age-progression image of the child.

H. The department shall immediately develop, refine, implement and provide initial training to newly hired employees. A newly hired employee must receive this initial training before any children are assigned to the newly hired employee's caseload. The department shall conduct annual training for department employees who have direct oversight of children and the direct supervisors of those employees. The training shall include department policies for locating missing, abducted or runaway children and the requirements for ongoing efforts to locate a missing, abducted or runaway child, unless it is determined by the primary investigative agency that it will hinder investigation or location efforts. Monthly ongoing department efforts shall include all of the following:

1. Continued contact with law enforcement agencies.

2. Continued contact with the child's parents, guardian or custodian.

3. Continued contact with the child's known relatives.

4. Continued contact with current and former foster families of the child.

5. Continued contact with the child's school.

6. Continued contact with known acquaintances of the child.

7. Continued in-person searching of locations and places where the child may be found.

8. Continued review of any social media accounts that may be associated with the child or the child's known acquaintances.

9. Continued efforts with law enforcement agencies in searching for the child.

10. Continued search efforts with department field staff who have access to databases that may help in the search for information or leads regarding the missing, abducted or runaway child.

11. Referral to the department's office of child welfare investigations for assistance if exigent circumstances exist.

12. Requesting that the appropriate law enforcement agency conduct welfare checks at any location where the child may be.

I. Within twenty-four hours after a missing, abducted or runaway child is located, the department shall do all of the following:

1. Inform all of the following:

(a) All law enforcement agencies involved in the child's case.

(b) The attorney general's office.

(c) The national center for missing and exploited children.

(d) Any individuals who have received notice pursuant to subsection B, paragraph 3 of this section.

2. Have in-person contact with the child.

3. Obtain a medical exam for the child.

4. Assess the child's experiences while absent from care, including screening to determine if the child is a sex trafficking victim, and report to the appropriate law enforcement agency if it is determined that the child is a sex trafficking victim.

5. Assess the appropriateness of the child returning to the child's current placement.

6. Assess factors that contributed to the child's absence.

7. Determine the need for additional behavioral health services and support.

8. Review the case to assess the primary factors that contributed to the child being missing or abducted or a runaway and to the extent possible and appropriate respond to those factors in current and subsequent case decisions.

J. Within sixty days after September 14, 2024, the department shall develop a checklist for department specialists. The checklist shall be distributed to each caseworker to assist department specialists in fulfilling the department's duties prescribed by this section. The checklist shall have a mechanism to mark department duties as completed within the timelines specified by this section.

K. Beginning ninety days after September 14, 2024, the department shall provide a monthly report to the governor, the president of the senate and the speaker of the house of representatives. The report shall include all of the following:

1. The names of all current missing, abducted or runaway children. The names of missing, abducted or runaway children shall be kept confidential and may not be distributed outside of the monthly report.

2. An acknowledgement that the department made the notifications prescribed by this section within the prescribed time frames. If the department failed to make the notifications with the prescribed time frames, the department shall include a detailed explanation of the reason why the notifications were not made within the prescribed time frames.

3. The department's compliance with ongoing search efforts made to locate missing, abducted or runaway children.

4. The department's compliance with subsection I of this section.

5. On the return of a runaway child to the department's care, the reason why the child ran away.

L. Within one hundred fifty days after September 14, 2024 and on a monthly basis thereafter, the department shall submit to the joint legislative budget committee, the senate health and human services committee and the house of representatives health and human services committee, or their successor committees, a report that includes all of the following:

1. The department's compliance with all of the requirements of this section.

2. The number of missing, abducted and runaway children.

3. The number of missing, abducted and runaway children who have been found.

4. The percentage of times the department was in compliance with the requirements prescribed in subsections A, B, C and D of this section.

M. If the report submitted pursuant to subsection L of this section shows a less than ninety-five percent compliance rate with the requirements prescribed in subsection L, paragraph 4 of this section for more than four consecutive or nonconsecutive months in a twelve-month period, the department shall establish a missing, abducted and runaway children unit within the department. The missing, abducted and runaway children unit shall have at least four employees with at least one employee available twenty-four hours a day. The missing, abducted and runaway children unit may enter into contracts with any vendor necessary to ensure the department is in compliance with this section. If the missing, abducted and runaway children unit is established, the unit shall submit a report to the governor, the president of the senate, the speaker of the house of representatives and the joint legislative oversight committee on the department of child safety established by section 41-1292. The report shall do all of the following:

1. Identify the reasons why the department is not in compliance with the requirements prescribed in subsections A, B, C and D of this section.

2. Identify the methods by which the missing, abducted and runaway children unit will achieve a ninety-five percent compliance rate with the requirements prescribed in subsections A, B, C and D of this section.

3. Include organizational changes that the department will make to ensure compliance with the requirements prescribed in subsections A, B, C and D of this section.

4. Recommend legislative changes that are necessary to ensure the department's compliance with the requirements prescribed in subsections A, B, C and D of this section.

N. The legislature may convene an oversight committee to address problems and deviations from policy and procedure and recommend corrective action plans. The legislature shall request an annual independent audit of the department's compliance with this section. If the independent audit determines that the department is not in compliance, the department shall contract with a consulting firm that is licensed by this state for investigative services.  The consulting firm shall present recommendations to the oversight committee on how to improve compliance with this section.

O. The legislature may convene the joint legislative oversight committee on the department of child safety established by section 41-1292 to address concerns and deviations from policy and procedure and provide recommendations. The legislature may request an annual independent audit of the department's compliance with this section. If the independent audit determines that the department is not in compliance, the independent audit shall provide recommendations for improving the department's efforts to locate missing, abducted or runaway children.  If the joint legislative oversight committee on the department of child safety determines that the department, after the establishment of the missing, abducted and runaway children unit, has failed to meet the requirements of subsection M of this section for a period of more than two months, the department shall contract with a consulting firm that is licensed by this state for investigative services.  The consulting firm shall present recommendations to the joint legislative oversight committee on how to improve compliance with this section.
A.R.S. § 8-321 — Arizona Code / Title 8 / Chapter 3 / Article 2 / Section 321
8-321 Referrals; diversions; conditions; community based alternative programs
Status: in_force

8-321. Referrals; diversions; conditions; community based alternative programs

A. Except as provided in subsection B of this section, before a petition is filed or an admission or adjudication hearing is held, the county attorney may divert the prosecution of a juvenile who is accused of committing a delinquent act or a child who is accused of committing an incorrigible act to a community based alternative program or to a diversion program administered by the juvenile court.

B. A juvenile is not eligible for diversion if any of the following applies:

1. The juvenile committed a dangerous offense as defined in section 13-105.

2. The juvenile is a chronic felony offender as defined in section 13-501.

3. The juvenile committed an offense that is listed in section 13-501.

4. The juvenile is alleged to have committed a violation of section 28-1381, 28-1382 or 28-1383.

5. The juvenile is alleged to have committed an offense involving the purchase, possession or consumption of spirituous liquor or a violation of title 13, chapter 34 and the juvenile has previously participated in a community based alternative program or a diversion program administered by the juvenile court at least two times within twenty-four months before the date of the commission of the alleged offense.

C. Except as provided in section 8-323, the county attorney has sole discretion to decide whether to divert or defer prosecution of a juvenile offender. The county attorney may designate the offenses that shall be retained by the juvenile court for diversion or that shall be referred directly to a community based alternative program that is authorized by the county attorney.

D. The county attorney or the juvenile court in cooperation with the county attorney may establish community based alternative programs.

E. Except for offenses that the county attorney designates as eligible for diversion or referral to a community based alternative program, on receipt of a referral alleging the commission of an offense, the juvenile probation officer shall submit the referral to the county attorney to determine if a petition should be filed.

F. If the county attorney diverts the prosecution of a juvenile to the juvenile court, the juvenile probation officer shall conduct a personal interview with the alleged juvenile offender. At least one of the juvenile's parents or guardians shall attend the interview. The probation officer may waive the requirement for the attendance of the parent or guardian for good cause. If the juvenile acknowledges responsibility for the delinquent or incorrigible act, the juvenile probation officer shall require that the juvenile comply with one or more of the following conditions:

1. Participation in unpaid community restitution work.

2. Participation in a counseling program that is approved by the court and that is designed to strengthen family relationships and to prevent repetitive juvenile delinquency.

3. Participation in an education program that is approved by the court and that has as its goal the prevention of further delinquent behavior.

4. Participation in an education program that is approved by the court and that is designed to deal with ancillary problems experienced by the juvenile, such as alcohol or drug abuse.

5. Participation in a nonresidential program of rehabilitation or supervision that is offered by the court or offered by a community youth serving agency and that is approved by the court.

6. At the juvenile's option, participation in a religious program that is approved by the court. This option may be substituted for one of the other conditions outlined in this subsection. The juvenile's participation in a religious program must be voluntary, and the purpose of the program may not include any effort to coerce the juvenile to adopt or change any religious affiliation or beliefs.

7. Payment of restitution to the victim of the delinquent act.

8. Payment of a monetary assessment that may be satisfied through community restitution. The court shall credit any community restitution performed at a rate that is equal to the minimum wage prescribed by section 23-363, subsections A and B, rounded up to the nearest dollar.

G. If the juvenile successfully complies with the conditions set forth by the probation officer, the county attorney shall not file a petition in juvenile court and the program's resolution shall not be used against the juvenile in any further proceeding and is not an adjudication of incorrigibility or delinquency. The resolution of the program is not a conviction of crime, does not impose any civil disabilities ordinarily resulting from a conviction and does not disqualify the juvenile in any civil service application or appointment.

H. In order to participate in a community based alternative program the juvenile who is referred to a program shall admit responsibility for the essential elements of the accusation and shall cooperate with the program in all of its proceedings.

I. All of the following apply to each community based alternative program that is established pursuant to this section:

1. The juvenile's participation is voluntary.

2. The victim's participation is voluntary.

3. The community based alternative program shall ensure that the victim, the juvenile's parent or guardian and any other persons who are directly affected by an offense have the right to participate.

4. The participants shall agree to the consequences imposed on the juvenile or the juvenile's parent or guardian.

5. The meetings and records shall be open to the public.

J. After holding a meeting the participants in the community based alternative program may agree on any legally reasonable consequences that the participants determine are necessary to fully and fairly resolve the matter except confinement or monetary sanctions or fines that exceed $250.

K. The participants shall determine consequences within thirty days after referral to the community based alternative program, and the juvenile shall complete the consequences within ninety days after the matter is referred to the community based alternative program.  The county attorney or the juvenile probation officer may extend the time in which to complete the consequences for good cause. If the community based alternative program involves a school, the deadlines for determination and completion of consequences shall be thirty and ninety school days, respectively.

L. The community based alternative program, the juvenile, the juvenile's parent or guardian and the victim may sign a written contract in which the parties agree to the program's resolution of the matter and in which the juvenile's parent or guardian agrees to ensure that the juvenile complies with the contract.

M. If the juvenile successfully completes the consequences, the county attorney shall not file a petition in juvenile court and the program's resolution shall not be used against the juvenile in any further proceeding and is not an adjudication of incorrigibility or delinquency.  The resolution of the program is not a conviction of crime, does not impose any civil disabilities ordinarily resulting from a conviction and does not disqualify the juvenile in any civil service application or appointment.

N. The county attorney or juvenile court may not assess or require the juvenile or the juvenile's parent or guardian to pay a fee or the cost for a community based alternative program or diversion program that is authorized by this section.

O. The supreme court shall annually establish an average cost per juvenile for providing diversion services in each county, based on the monies appropriated for diversion pursuant to section 8-322, excluding the cost of juvenile intake services provided by the juvenile court, and the number of juveniles diverted the previous year.  On the county attorney's certification to the supreme court of the number of juveniles diverted to a county attorney community based alternative program each quarter, the annual average cost per juvenile for each juvenile diverted shall be reimbursed to the county attorney juvenile diversion fund established by section 11-537 out of monies appropriated to the supreme court for diversion programs.

P. If the juvenile does not acknowledge responsibility for the offense, or fails to comply with the consequences set by the community based alternative program, the case shall be submitted to the county attorney for review.  The payment of a monetary assessment may not be used as a condition for the juvenile to comply with the consequences set by the community based alternative program.

Q. After reviewing a referral, if the county attorney declines prosecution, the county attorney may return the case to the juvenile probation department for further action as provided in subsection F of this section.

R. 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 juvenile's treatment or care.
A.R.S. § 8-523 — Arizona Code / Title 8 / Chapter 4 / Article 4 / Section 523
8-523 Special advocate program
Status: in_force

8-523. Special advocate program

A. The court appointed special advocate program is established in the administrative office of the supreme court. The program shall establish local special advocate programs in each county. The supreme court shall adopt rules prescribing the establishment of local programs and the minimum performance standards of these programs.

B. The supreme court shall employ administrative and other personnel it determines are necessary to properly administer the program and to monitor local program performance.

C. Special advocate program personnel are not civilly or criminally liable for good faith actions they take in connection with their responsibilities.
A.R.S. § 8-101 — Arizona Code / Title 8 / Chapter 1 / Article 1 / Section 101
8-101 Definitions
Status: in_force

8-101. Definitions

In this article, unless the context otherwise requires:

1. "Adult" means a person eighteen years of age or older.

2. "Agency" or "adoption agency" means a person other than the division licensed by the division to place children for adoption, including an attorney or law firm.

3. "Agency placement adoption" means an adoption proceeding in which one or more of the requisite consents are given to an agency pursuant to section 8-107, subsection D, paragraph 1.

4. "Child" means any person under eighteen years of age.

5. "Custody" means a status embodying all of the following rights and responsibilities:

(a) The right to have the physical possession of the child.

(b) The right and the duty to protect, train and discipline the child.

(c) The responsibility to provide the child with food, shelter, education and health care, and the authority to consent to surgery or other extraordinary medical care in an emergency.

6. "Direct placement adoption" means an adoption proceeding in which one or more of the requisite consents are given to a particular person pursuant to section 8-107, subsection D, paragraph 2.

7. "Division" means the department of child safety.

8. "Juvenile court" or "court" means the juvenile division of the superior court.

9. "Permanent guardian" means a legal guardian appointed by the court pursuant to section 8-871.

10. "Petitioner" includes both petitioners under a joint petition.
A.R.S. § 8-130 — Arizona Code / Title 8 / Chapter 1 / Article 1 / Section 130
8-130 Consent to licensed agency or division; attorneys; affidavits
Status: in_force

8-130. Consent to licensed agency or division; attorneys; affidavits

A. A consent to adoption of a child shall not be granted to an agency unless the agency is licensed to place children for adoption under this article. A consent may be granted to the division, which is exempt from licensure. An agency or the division may conduct both agency placement adoptions and direct placement adoptions. An agency placement adoption shall only be made by an agency or the division.

B. Except as provided in subsection C, a person shall not do any of the following unless the person is employed or engaged by and acting on behalf of a licensed adoption agency:

1. Solicit or accept employment or engagement, for compensation, by or on behalf of a parent or guardian for assistance in the placement of a child for adoption.

2. Solicit or accept employment or engagement, for compensation, by or on behalf of any person to locate or obtain a child for adoption.

C. An attorney licensed to practice law in this state may assist and participate in direct placement adoptions and may receive compensation to the extent the court finds reasonable under section 8-114 if the person granting consent to the adoption has made a choice of the specific adopting parent without prior involvement of the attorney or if the choice is made only from among persons currently certified by the court as acceptable to adopt children pursuant to section 8-105.

D. Before a petition to adopt is granted and as a condition of the entry of an order of adoption:

1. An attorney participating or assisting in a direct placement adoption shall file with the court an affidavit confirming that there has been, to the best of his knowledge and belief, compliance with subsection B of this section and with section 8-114, subsection B, section 8-129 and, if fictitious names have been used, section 8-107, subsection E.

2. An attorney representing petitioners in an agency placement adoption and the agency shall file with the court an affidavit confirming that there has been, to the best of the petitioner's, agency's and attorney's knowledge and belief, compliance with subsections A and B of this section and sections 8-114 and 8-129.
A.R.S. § 8-233 — Arizona Code / Title 8 / Chapter 2 / Article 3 / Section 233
8-233 Record of proceeding
Status: in_force

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.
A.R.S. § 8-456 — Arizona Code / Title 8 / Chapter 4 / Article 1 / Section 456
8-456 Investigative function; training; voice stress analysis; recordings; criminal offenses; definitions
Status: in_force

8-456. Investigative function; training; voice stress analysis; recordings; criminal offenses; definitions

A. The department shall train all investigators in forensic interviewing and processes and the protocols established pursuant to section 8-817.  The training must include:

1. An evidence-informed safety assessment model to assess the safety of a child.

2. The duty to protect the legal and due process rights of children and families from the time of the initial contact through case closure.

3. Instruction on a child's rights as a crime victim and instruction on the legal rights of parents.

4. A checklist or other mechanism to assist the investigator in giving consideration to the relevant factors in each investigation.

B. The office of child welfare investigations shall investigate DCS reports that contain a criminal conduct allegation as provided in sections 8-471 and 8-817.

C. The department shall use an evidence-informed safety assessment model to assess the safety of a child.

D. After receiving a DCS report from the centralized intake hotline pursuant to section 8-455, an investigator shall do all of the following:

1. Make a prompt and thorough investigation.  An investigation must evaluate and determine the nature, extent and cause of any condition created by the parents, guardian or custodian, an adult member of the victim's household or an employee of a child welfare agency where the child is placed that is licensed by and contracted with the department that would tend to support or refute the allegation that the child is a victim of abuse or neglect and determine the name, age and condition of other children in the home. If an investigator has sufficient information to determine that the child is not a victim of abuse or neglect, the investigator may close the investigation.

2. If required by section 8-821 and subject to section 8-471, take a child into temporary custody.  Law enforcement officers shall cooperate with the department to remove a child from the custody of the child's parents, guardian or custodian when necessary.

E. The department may not use covert voice stress analysis during an investigation to determine if abuse or neglect exists.  The department may not use overt voice stress analysis during an investigation unless the person on whom the analysis is used gives informed consent. Results of computer voice stress analysis are not admissible in court.

F. After an investigation, an investigator shall:

1. Determine whether any child is in need of child safety services consistent with the evaluation and determination made pursuant to subsection D of this section.

2. If appropriate pursuant to section 8-846, offer to the family of any child who is found to be a child in need of child safety services those services that are designed to correct unresolved problems that would indicate a reason to adjudicate the child dependent.

3. Submit a written report of the investigator's investigation to:

(a) The department's case management information system within a reasonable amount of time that does not exceed forty-five days after receipt of the DCS report except as provided in section 8-811. If the investigation involves allegations regarding a child who at the time of the alleged incident was in the custody of a child welfare agency licensed by the department under this title, a copy of the report and any additional investigative or other related reports must be provided to the board of directors of the agency or to the administrative head of the agency unless the incident is alleged to have been committed by the person. The department shall excise all information with regard to the identity of the source of the reports.

(b) The appropriate court forty-eight hours before a dependency hearing pursuant to a petition of dependency or within twenty-one days after a petition of dependency is filed, whichever is earlier.  On receipt of the report the court shall make the report available to all parties and counsel.

4. Accept a child into voluntary placement pursuant to section 8-806.

5. Identify, promptly obtain and abide by court orders that restrict or deny custody, visitation or contact by a parent or other person in the home with the child and notify appropriate personnel in the department to preclude violations of a court order in the provision of any services.

G. In conducting an investigation pursuant to this section, if the investigator is made aware that an allegation of abuse or neglect may also have been made in another state, the investigator shall contact the appropriate agency in that state to attempt to determine the outcome of any investigation of that allegation.

H. If an investigation indicates a reason to believe that a criminal offense has been committed, the investigator shall immediately provide the information to the appropriate law enforcement agency and the office of child welfare investigations, unless the information was previously provided pursuant to section 8-455.

I. Except in judicial proceedings, a parent or legal guardian may not be prohibited from recording conversations with the department pursuant to this section.

J. Before implementing a new safety assessment model, the department shall present the proposed change to the joint legislative oversight committee on the department of child safety established by section 41-1292 or to the committees with jurisdiction over the department in the senate and house of representatives.

K. For the purposes of this section:

1. "Evidence-informed" means based on the best available child welfare research and practice information.

2. "Investigator" means an employee of the department who investigates allegations of abuse or neglect pursuant to a DCS report.
A.R.S. § 8-519 — Arizona Code / Title 8 / Chapter 4 / Article 4 / Section 519
8-519 Records and reports
Status: in_force

8-519. Records and reports

A. Each child welfare agency shall keep records regarding the children in its care as the division prescribes and shall furnish to the division, on request, such additional information as the division requires.

B. The department shall provide information necessary for foster care review boards to perform their statutory duties through direct remote online access to all DCS information as defined in section 8-801 identified by the foster care review board as necessary for the performance of the board's duties.  If the information contained in the record is not available in an automated case management system used by the department, the department shall furnish any hard copy record pertaining to a case assigned to a foster care review board that is necessary for the performance of the board's duties and that is kept by the division or a child welfare agency to the board.

C. All records and information in the possession of the foster care review board regarding children and their parents or relatives shall be deemed confidential and shall be disclosed only pursuant to this chapter or by order of court.

D. A child welfare agency shall furnish a report of each placement or withdrawal of each child to the division.
A.R.S. § 8-343 — Arizona Code / Title 8 / Chapter 3 / Article 3 / Section 343
8-343 Disposition of offenses involving driving or in actual physical control of a motor vehicle while under the influence of intoxicating liquor or drugs
Status: in_force

8-343. Disposition of offenses involving driving or in actual physical control of a motor vehicle while under the influence of intoxicating liquor or drugs

A. A juvenile who is adjudicated delinquent for a violation of section 28-1381 shall be detained for a period of not less than ten consecutive days in a juvenile detention center as a condition of probation, except that the judge may suspend all ten days of the sentence if the juvenile completes alcohol or other drug screening pursuant to subsection L of this section.

B. A juvenile who within a period of eighty-four months is adjudicated delinquent for a violation of section 28-1381 and who has previously been adjudicated for a violation of section 28-1381, 28-1382 or 28-1383 or an act in another state, a court of the United States or a tribal court that if committed in this state would be a violation of section 28-1381, 28-1382 or 28-1383 shall be detained for a period of not less than ninety days in a juvenile detention center as a condition of probation, except that the judge may suspend all but thirty consecutive days of the sentence if the juvenile completes alcohol or other drug screening pursuant to subsection L of this section.

C. A juvenile who is adjudicated delinquent for a violation of section 28-1382, subsection A, paragraph 1 shall be detained for a period of not less than thirty consecutive days in a juvenile detention center as a condition of probation, except that the judge may suspend all but ten consecutive days of the sentence if the juvenile completes alcohol or other drug screening pursuant to subsection L of this section.  A juvenile who is adjudicated delinquent for a violation of section 28-1382, subsection A, paragraph 2 shall be detained for a period of not less than forty-five consecutive days in a juvenile detention center as a condition of probation, except that the judge may suspend all but fifteen consecutive days of the sentence if the juvenile completes alcohol or other drug screening pursuant to subsection L of this section.

D. If within a period of eighty-four months a juvenile is adjudicated delinquent for a violation of section 28-1382 and has previously been adjudicated for a violation of section 28-1381, 28-1382 or 28-1383 or an act in another state, a court of the United States or a tribal court that if committed in this state would be a violation of section 28-1381, 28-1382 or 28-1383, the juvenile:

1. Shall be detained for a period of not less than one hundred twenty days in a juvenile detention center as a condition of probation if the juvenile is adjudicated delinquent for a violation of section 28-1382, subsection A, paragraph 1, except that the judge may suspend all but sixty consecutive days of the sentence if the juvenile completes alcohol or other drug screening pursuant to subsection L of this section.

2. Shall be detained for a period of not less than one hundred eighty days in a juvenile detention center as a condition of probation if the juvenile is adjudicated delinquent for a violation of section 28-1382, subsection A, paragraph 2, except that the judge may suspend all but ninety consecutive days of the sentence if the juvenile completes alcohol or other drug screening pursuant to subsection L of this section.

E. A juvenile who is adjudicated delinquent for a violation of section 28-1383 shall be detained for a period of not less than four months in a juvenile detention center or the department of juvenile corrections as a condition of probation if the juvenile is adjudicated delinquent under either of the following:

1. Section 28-1383, subsection A, paragraph 1.

2. Section 28-1383, subsection A, paragraph 2 and within an eighty-four-month period has been adjudicated delinquent for two prior violations of section 28-1381, 28-1382 or 28-1383, or any combination of those sections, or acts in another jurisdiction that if committed in this state would be a violation of section 28-1381, 28-1382 or 28-1383.

F. A juvenile who is adjudicated delinquent under section 28-1383, subsection A, paragraph 2 and who within an eighty-four month period has been adjudicated delinquent for three or more prior violations of section 28-1381, 28-1382 or 28-1383, or any combination of those sections, or acts in another jurisdiction that if committed in this state would be a violation of section 28-1381, 28-1382 or 28-1383 shall be detained for a period of not less than eight months in a juvenile detention center or the department of juvenile corrections as a condition of probation.

G. A juvenile who is adjudicated delinquent under section 28-1383, subsection A, paragraph 3, subdivision (a) shall serve at least the minimum term of detention required pursuant to subsection A or B of this section.

H. A juvenile who is adjudicated delinquent under section 28-1383, subsection A, paragraph 3, subdivision (b) shall serve at least the minimum term of detention required pursuant to subsection C or D of this section.

I. Notwithstanding subsection E or F of this section, at the time of sentencing, the judge may suspend all but two months of the sentence if the juvenile completes alcohol or other drug screening pursuant to subsection L of this section.

J. If a juvenile is adjudicated delinquent for a violation of section 28-1381, 28-1382 or 28-1383, the court shall order the juvenile to pay not more than $250 plus any applicable surcharges and assessments to the public agency processing the violation or the court may order the juvenile to perform not more than twenty hours of community restitution under the supervision of the court.

K. The dates of the commission of the offense shall be the determining factor in applying the eighty-four month provision of subsection B, D, E or F of this section, irrespective of the sequence in which the offenses were committed. A second violation for which a conviction occurs as provided in this section shall not include a conviction for an offense arising out of the same series of acts.

L. In addition to any other penalties prescribed by law, if a juvenile is adjudicated delinquent for a violation of section 28-1381, 28-1382 or 28-1383, the court shall order the juvenile to complete alcohol or other drug screening that is provided by a facility approved by the department of health services or a probation department. If the court determines that the juvenile requires further alcohol or other drug education or treatment, the juvenile may be required pursuant to court order to obtain education or treatment under the court's supervision from an approved facility. The court may review an education or treatment determination at the request of the state or the defendant or on the court's initiative. The court may not order the juvenile or the juvenile's parent or guardian to pay the costs of the screening, education or treatment.

M. The court may not order a juvenile or the parent or guardian of a juvenile who is sentenced to a term of detention to reimburse the county that is responsible for the costs of the juvenile's detention.

N. 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 the expense of the juvenile's screening, education or treatment.
A.R.S. § 8-1185 — Arizona Code / Title 8 / Chapter 13 / Article 4 / Section 1185
8-1185 Allocation of funds
Status: in_force

8-1185. Allocation of funds

(Caution:  1998 Prop. 105 applies)

A. Of the monies expended in a fiscal year from the program account of the early childhood development and health fund established by section 8-1181, no more than ten percent may be used to fund statewide grants or programs undertaken directly by the board pursuant to section 8-1192.

B. Of the monies in the program account used to fund approved regional plans in a fiscal year, thirty-five percent must be provided to fund regional plans based on the population of children aged five and younger in the region. Forty percent must be provided to fund regional plans based on the population of children aged five and younger in the region whose family income does not exceed one hundred percent of the federal poverty guidelines as defined by section 46-801(9).  The remaining twenty-five percent may be used to fund regional programs without consideration of regional population.  For the purpose of this section, the board shall estimate population based on available information and using a method chosen at its discretion.
A.R.S. § 8-345 — Arizona Code / Title 8 / Chapter 3 / Article 3 / Section 345
8-345 Restitution lien; definition
Status: in_force

8-345. Restitution lien; definition

A. A person who is entitled to restitution pursuant to section 8-323, subsection F, paragraph 9 or section 8-344 may file a restitution lien.  No filing fee or other charge is required for filing a restitution lien.

B. A judge, commissioner or juvenile hearing officer shall sign the restitution lien and shall set forth all of the following:

1. The name and date of birth of the juvenile or the parent of the juvenile whose property or other interests are subject to the lien.

2. The present residence or principal place of business of the juvenile or the parent of the juvenile named in the lien, if known.

3. The delinquency proceeding pursuant to which the lien is filed, including the name of the court, the title of the action and the court's file number.

4. The name and address of the attorney representing the state in the delinquency proceeding pursuant to which the lien is filed or the name and address of the person who is entitled to restitution pursuant to section 8-323, subsection F, paragraph 9 or section 8-344 and who is filing the lien.

5. A statement that the notice is being filed pursuant to this section.

6. The amount of restitution that the juvenile or the parent of the juvenile has been ordered to pay.

7. A statement that the total amount of restitution owed will change and that the clerk of the superior court shall maintain a record of the outstanding balance.

C. A restitution lien is perfected against interests in personal property by filing the lien with the secretary of state, except that for motor vehicles, the lien shall be filed with the department of transportation.  A restitution lien is perfected against interests in real property by filing the lien with the county recorder of the county in which the real property is located.  The person entitled to restitution may give the additional notice of the lien as the person deems appropriate.

D. The filing of a restitution lien creates a lien in favor of the person in all of the following:

1. Any interest of the juvenile or the parent of the juvenile in real property that is situated in the county in which the lien is filed and that is currently maintained or thereafter acquired in the name of the juvenile or the parent of the juvenile identified in the lien.

2. Any interest of the juvenile or the parent of the juvenile in personal property that is situated in this state and that is currently maintained or thereafter acquired in the name of the juvenile or the parent of the juvenile identified in the lien.

3. Any property identified in the lien to the extent of the juvenile's or the parent's interest in the property.

E. The filing of a restitution lien is notice to all persons dealing with the juvenile or the parent of the juvenile or with property identified in the lien of the claim of the person entitled to restitution pursuant to section 8-323, subsection F, paragraph 9 or section 8-344.  The lien created in favor of the person pursuant to this section is superior and prior to the claims or interests of any other person, except a person possessing any of the following:

1. A valid lien that is perfected before the filing of the restitution lien.

2. In the case of real property, an interest that is acquired and recorded before the filing of the restitution lien.

3. In the case of personal property, an interest that is acquired before the filing of the restitution lien.

F. This section does not limit the right of the state or any other person entitled to restitution to obtain any order or injunction, receivership, writ, attachment, garnishment or other remedy authorized by law.

G. For the purposes of this section, "parent" means a parent who is ordered to make restitution pursuant to section 8-323, subsection F, paragraph 9 or section 8-344.
A.R.S. § 8-515.05 — Arizona Code / Title 8 / Chapter 4 / Article 4 / Section 515.05
8-515.05 Removal of child from foster parent's home; requirements; notification; review
Status: in_force

8-515.05. Removal of child from foster parent's home; requirements; notification; review

A. Unless a child is removed from a licensed foster parent, excluding a shelter care provider and receiving foster parent, to protect the child from harm or risk of harm, to place a child in a permanent placement, to reunite siblings, to place a child in a kinship foster home, to place a child in the least restrictive setting, to place a child in a therapeutic setting or to place a child in accordance with the Indian child welfare act (25 United States Code section 1915), the department shall inform the licensed foster parent of the department's intent to remove a child and place the child in another foster care placement.  The department shall inform the licensed foster parent of the specific reason for the child's planned removal from the licensed foster parent.

B. If the licensed foster parent disagrees with the removal, the licensed foster parent shall notify the department within twenty-four hours of being informed.  If the licensed foster parent disagrees with the plan to remove the child and place the child in another foster home placement, the department shall convene a case conference to review the reasons for the removal.  The licensed foster parent and two members of the foster care review board shall participate in the case conference.  A child shall not be removed unless a majority of the members who participate in the case conference agree that removal is necessary.

C. The department shall inform the licensed foster parent and the foster care review board of the time, date and location of the case conference to review the planned removal.  The case conference shall be held within seventy-two hours after the licensed foster parent notifies the department that the licensed foster parent disagrees with the planned removal, excluding weekends and holidays.  The child shall remain in the current placement pending the outcome of the case conference.

D. If, as a result of the case conference, it is the department's continued intent to move the child pursuant to subsection A and the licensed foster parent continues to disagree and the child:

1. Is in the court ordered physical custody of the licensed foster parent, a foster care review board member shall provide a recommendation to the court regarding the removal of the child before the change of physical custody. The child shall remain in the current placement pending a court order for removal.

2. Is not in the physical custody of the licensed foster parent, the licensed foster parent shall be advised of the department's conflict resolution process.  The department shall expedite the conflict resolution process.  The child shall remain in the current placement pending the outcome of the conflict resolution process.

E. The department may not use as the basis for removing a foster child from a licensed foster parent the foster parent's request to disrupt a foster child or the dissolution of an adoption that occurred based on either of the following:

1. The foster or adoptive parent was unable to receive services that the child was statutorily entitled to receive.

2. The foster or adoptive child threatened the health or safety of the family.
A.R.S. § 8-272 — Arizona Code / Title 8 / Chapter 2 / Article 6 / Section 272
8-272 Psychiatric acute care services; outpatient and inpatient assessments; definitions
Status: in_force

8-272. Psychiatric acute care services; outpatient and inpatient assessments; definitions

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, psychiatric and mental health nurse practitioner, psychiatrist or physician shall conduct an outpatient assessment at a time and place that is convenient for the psychologist, psychiatric and mental health nurse practitioner, psychiatrist or physician and the child.  At the conclusion of the outpatient assessment, the psychologist, psychiatric and mental health nurse practitioner, 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 a child with a persistent or acute disability or grave disability.

C. A psychologist, psychiatric and mental health nurse practitioner, psychiatrist or physician shall conduct an inpatient assessment and provide the assessment to the entity 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, psychiatric and mental health nurse practitioner, 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 a child with a persistent or acute disability or grave disability.

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, psychiatric and mental health nurse practitioner, 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, psychiatric and mental health nurse practitioner, 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, psychiatric and mental health nurse practitioner, psychiatrist or physician makes this recommendation after conducting an inpatient assessment, the entity shall file the motion for inpatient psychiatric acute care services not later than twenty-four hours after receiving 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:

1. "Child" means 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 and who is either:

(a) Found to be dependent or temporarily subject to court jurisdiction pending an adjudication of a dependency petition.

(b) In the temporary custody of the department pursuant to section 8-821.

(c) Detained in a juvenile court detention facility.

(d) Committed to the department of juvenile corrections.

(e) Found to be delinquent and subject to probation supervision.

2. "Psychiatric and mental health nurse practitioner" has the same meaning prescribed in section 36-501.
A.R.S. § 8-819 — Arizona Code / Title 8 / Chapter 4 / Article 8 / Section 819
8-819 Determination of neglect
Status: in_force

8-819. Determination of neglect

In determining if a child is neglected, consideration shall be given to:

1. The drug or alcohol abuse of the child’s parent, guardian or custodian.

2. The use by the mother of a dangerous drug, a narcotic drug or alcohol during pregnancy if the child, at birth or within a year after birth, is demonstrably adversely affected by this use.  For the purposes of this paragraph, "dangerous drug" and "narcotic drug" have the same meaning prescribed in section 13-3401.
A.R.S. § 8-529 — Arizona Code / Title 8 / Chapter 4 / Article 4 / Section 529
8-529 Children in foster care and kinship foster care; rights
Status: in_force

8-529. Children in foster care and kinship foster care; rights

A. A child in foster care and kinship foster care has the following rights:

1. To appropriate care and treatment in the least restrictive setting available that can meet the child's needs according to the best judgment of the foster parent.

2. To live in a safe, healthy and comfortable placement where the child can receive reasonable protection from harm and appropriate privacy for personal needs and where the child is treated with respect.

3. To be placed with a relative when such placement is in the best interest of the child.

4. To be placed with or in close proximity to the child's siblings when possible and to visit and have contact with siblings and family members when it is in the best interest of the child.

5. To know why the child is in foster care and what will happen to the child and to the child's family, including siblings, and case plans.

6. Whenever possible, to be placed with a foster family that can accommodate the child's communication needs.

7. To be disciplined in a manner that is appropriate to the child's level of maturity and not be subjected to physical discipline methods.

8. To attend community, school, extracurricular and religious services and activities of the child's choice to the extent that it is appropriate for the child, as planned and discussed with the child's placement worker and caseworker and based on caregiver ability if transportation is available through a responsible party.

9. To go to school and receive an education that fits the child's age and individual needs.  If remaining in the child's current school is not in the child's best interest, the child has the right to be enrolled in the least restrictive school available.

10. To training in personal care, hygiene and grooming.

11. To clothing that fits comfortably and is adequate to protect the child against natural elements such as rain, snow, wind, cold and sun.

12. To have personal possessions at home and to acquire additional possessions within reasonable limits, as planned and discussed with the child's foster parent, placement worker and caseworker, and based on caregiver ability.

13. To personal space, preferably in the child's foster home bedroom for storing clothing and belongings.

14. To healthy foods in healthy portions that are appropriate for the child's age.

15. To comply with any approved visitation plan, and to have any restrictions explained to the child in a manner and level of details deemed age appropriate by the foster parent in agreement with the caseworker and documented in the child's record.

16. If the child is six years of age or older, to receive contact information for the child's caseworker, attorney or advocate and to speak with them in private if necessary.

17. To be represented by an attorney in all proceedings initiated pursuant to this title.

18. To participate in age appropriate child's service planning and permanency planning meetings and to be given a copy or summary of each service plan and service plan review.  The child may request someone to participate on the child's behalf or to support the child in this participation.

19. To attend the child's court hearing and speak to the judge.

20. To have the child's records and personal information kept private and discussed only when it is about the child's care except the foster parent shall have full access to the records to determine if the child will be successful in the home.  During the foster placement, if the foster parent requests to view the record on experiencing problems with the child's adjustment, the full record shall be made available for viewing by the foster parent.

21. To receive medical, dental, vision and mental health services and to be informed about diagnoses and treatment options as is developmentally appropriate.

22. To be free of unnecessary or excessive medication.

23. To receive emotional, mental health or chemical dependency treatment separately from adults who are receiving services, as planned and discussed with the child's placement worker and caseworker, as is financially reasonable for the foster parent.

24. To report a violation of personal rights specified in this section without fear of punishment, interference, coercion or retaliation, except that an appropriate level of punishment may be applied if the child is proven to have maliciously or wrongfully accused the foster parent.

25. To be informed in writing of the name, address, telephone number and purpose of the Arizona protection and advocacy system for disability assistance.

26. To understand and have a copy of the rights listed in this section.

B. A child in foster care or kinship foster care who is at least fourteen years of age has the following rights:

1. To attend preparation for adult living classes and activities as appropriate to the child's case plan, as is financially reasonable for the foster parent.

2. To a transition plan that includes career planning and assistance with enrolling in an educational or vocational job training program.

3. To be informed of educational opportunities, including information regarding assistance and funding for postsecondary and vocational education.

4. To assistance in obtaining an independent residency when the child is too old to remain in foster care from the child's caseworker, attorney or advocate.

5. To request a court hearing for a court to determine if the child has the capacity to consent to medical care that is directly related to an illness, disease, deformity or other physical malady.

6. To receive help with obtaining a driver license, social security number, birth certificate or state identification card and credit reports with assistance in interpreting the reports and resolving inaccuracies in the report.  The foster parent shall have discretion to determine if the child is responsible and mature enough to become a licensed driver.

7. To receive necessary personal information within thirty days after leaving foster care, including the child's birth certificate, immunization records and information contained in the child's education portfolio and health passport.

8. To participate in or reenter extended foster care when the child is at least eighteen and under twenty-one years of age pursuant to section 8-521.02.

C. The department shall provide information regarding a child's rights pursuant to this section and assistance in understanding and enforcing these rights to each child who enters foster care or kinship foster care or when there is a change in the child's foster care plan.  The information shall also include the telephone number and email address of the department, the child's assigned case manager, the department's office of the ombudsman and the ombudsman-citizens aide.  A copy of these rights shall be posted in a conspicuous place in all foster care and group homes.

D. If a child who is in foster care or kinship foster care believes that the child's rights under this section have been violated, the child or the child's representative may:

1. File a complaint with the department, the department's office of the ombudsman or the ombudsman-citizens aide pursuant to section 41-1376.  A formal grievance may be initiated with the ombudsman at any time.

2. Notify the juvenile court in the child's ongoing dependency, severance or adoption proceeding, either orally or in writing, that the child's rights are being violated and request appropriate equitable relief.  The court shall act on the notification as necessary within its discretion to promote the best interest of the child.

E. The rights provided in this section do not establish an independent cause of action.
A.R.S. § 8-807 — Arizona Code / Title 8 / Chapter 4 / Article 8 / Section 807
8-807 DCS information; public record; use; confidentiality; violation; classification
Status: in_force

8-807. DCS information; public record; use; confidentiality; violation; classification

A. DCS information shall be maintained by the department as required by federal law as a condition of the allocation of federal monies to this state.  All exceptions for the public release of DCS information shall be construed as openly as possible under federal law.

B. The department, or a person who receives DCS information pursuant to this subsection, shall provide DCS information to a federal agency, a state agency, a tribal agency, a county or municipal agency, a law enforcement agency, a prosecutor, an attorney or a guardian ad litem representing a child victim of crime pursuant to article II, section 2.1, Constitution of Arizona, a school, a community service provider, a contract service provider or any other person that is providing services pursuant to this article or article 9, 10, 11, 12, 13 or 14 of this chapter:

1. To meet its duties to provide for the safety and permanency of a child, provide services to a parent, guardian or custodian or provide services to family members to strengthen the family pursuant to this article or article 9, 10, 11, 12, 13 or 14 of this chapter.

2. To enforce or prosecute any violation involving child abuse or neglect or to assert the rights of the child as a victim of a crime.

3. To provide information to a defendant after a criminal charge has been filed as required by an order of the criminal court.

4. To help investigate and prosecute any violation involving domestic violence as defined in section 13-3601 or violent sexual assault as prescribed in section 13-1423.

C. The department shall disclose DCS information to a court, a party in a dependency or termination of parental rights proceeding or the party's attorney, the foster care review board or a court appointed special advocate for the purposes of and as prescribed in this title.

D. The department shall disclose DCS information to a domestic relations, family or conciliation court if the DCS information is necessary to promote the safety and well-being of children. The court shall notify the parties that it has received the DCS information.

E. A person or agent of a person who is the subject of DCS information shall have access to DCS information concerning that person.

F. The department may provide:

1. DCS information to confirm, clarify, correct or supplement information concerning an allegation or actual instance of child abuse or neglect that has been made public by a source or sources outside the department.

2. DCS information to a person who is conducting bona fide research, the results of which might provide DCS information that is beneficial in improving the department.

3. Access to DCS information to the parent, guardian or custodian of a child if the DCS information is reasonably necessary to promote the safety, permanency and well-being of the child.

4. DCS information if an employee of the department has a reasonable belief that exigent circumstances exist. For the purposes of this paragraph, "exigent circumstances" means a condition or situation in which the death of or serious injury to a child will likely result in the near future without immediate intervention.

G. The department shall disclose DCS information to a county medical examiner or an alternate medical examiner directing an investigation into the circumstances surrounding a death pursuant to section 11-593.

H. Access to DCS information in the central registry shall be provided as prescribed in sections 8-804 and 8-804.03.

I. To provide oversight of the department, the department shall provide access to DCS information to the following persons, if the DCS information is reasonably necessary for the person to perform the person's official duties:

1. Federal or state auditors.

2. Persons conducting any accreditation deemed necessary by the department.

3. A standing committee of the legislature or a committee appointed by the president of the senate or the speaker of the house of representatives for purposes of conducting investigations related to the legislative oversight of the department. This information shall not be further disclosed unless a court has ordered the disclosure of this information, the information has been disclosed in a public or court record, or the information has been disclosed in the course of a public meeting or court proceeding.

4. A legislator who requests DCS information in the regular course of the legislator's duties. A legislator may discuss this information with another legislator. This information shall not be further disclosed unless a court has ordered the disclosure of this information, the information has been disclosed in a public or court record, or the information has been disclosed in the course of a public meeting or court proceeding.  To request a file pursuant to this paragraph:

(a) The legislator shall submit a written request for DCS information to the presiding officer of the body of which the state legislator is a member. The request shall state the name of the person whose case file is to be reviewed and any other information that will assist the department in locating the file. The presiding officer may authorize a legislative staff member to attend with the legislator any meeting to review the file.

(b) The presiding officer shall forward the request to the department within five working days of the receipt of the request.

(c) The department shall make the necessary arrangements for the legislator to review the file at an office of the department, chosen by the legislator, within ten working days.

5. A citizen review panel as prescribed by federal law, a child fatality review team as provided in title 36, chapter 35 and the office of ombudsman-citizens aide.

6. An independent oversight committee established pursuant to section 41-3801.

7. The governor who shall not disclose any information unless a court has ordered the disclosure of the information, the information has been disclosed in a public or court record or the information has been disclosed in the course of a public meeting or court proceeding.

J. A person who has been denied DCS information regarding a fatality or near fatality caused by abuse, abandonment or neglect pursuant to subsection L of this section or section 8-807.01 may bring a special action pursuant to section 39-121.02 in the superior court to order the department to release that DCS information.  A legislator has standing to bring or to join a special action regarding the release of DCS information or to challenge the redaction of released DCS information.  The plaintiff shall provide notice to the county attorney, who has standing and may participate in the action.  The court shall review the requested records in camera and order disclosure consistent with subsections A and L of this section and section 8-807.01. The court shall take reasonable steps to prevent any clearly unwarranted invasions of privacy and protect the privacy and dignity of victims of crime pursuant to article II, section 2.1, subsection C, Constitution of Arizona.

K. The department or a person who is not specifically authorized by this section to obtain DCS information may petition a judge of the superior court to order the department to release DCS information. The plaintiff shall provide notice to the county attorney and to the attorney and guardian ad litem for the child, who have standing and may participate in the action. The court shall review the requested records in camera and shall balance the rights of the parties who are entitled to confidentiality pursuant to this section against the rights of the parties who are seeking the release of the DCS information. The court may release otherwise confidential DCS information only if the rights of the parties seeking the DCS information and any benefits from releasing the DCS information outweigh the rights of the parties who are entitled to confidentiality and any harm that may result from releasing the DCS information.  The court shall take reasonable steps to prevent any clearly unwarranted invasions of privacy and protect the privacy and dignity of victims of crime pursuant to article II, section 2.1, subsection C, Constitution of Arizona.

L. Except as provided in subsection M of this section, before it releases records under this section or section 8-807.01, the department shall take whatever precautions it determines are reasonably necessary to protect the identity and safety of a person who reports child abuse or neglect and to protect any other person if the department believes that disclosure of the DCS information would be likely to endanger the life or safety of any person. The department is not required by this section to disclose DCS information if the department demonstrates that disclosure would cause a specific, material harm to a department investigation.  The department is not required by this section to disclose DCS information if, in consultation with the county attorney, the county attorney demonstrates that disclosure would cause a specific, material harm to a criminal investigation or prosecution.

M. A person who is the subject of an unfounded report or complaint made pursuant to this article or article 9, 10, 11, 12, 13 or 14 of this chapter and who believes that the report or complaint was made in bad faith or with malicious intent may petition a judge of the superior court to order the department to release the DCS information. The petition shall specifically set forth reasons supporting the person's belief that the report or complaint was made in bad faith or with malicious intent.  The court shall review the DCS information in camera and the person filing the petition shall be allowed to present evidence in support of the petition. If the court determines that there is a reasonable question of fact as to whether the report or complaint was made in bad faith or with malicious intent and that disclosure of the identity of the person making the report or complaint would not be likely to endanger the life or safety of the person making the report or complaint, it shall provide a copy of the DCS information to the person filing the petition and the original DCS information is subject to discovery in a subsequent civil action regarding the making of the report or complaint.

N. The department shall provide the person who conducts a forensic medical evaluation with any records the person requests, including social history and family history regarding the child, the child's siblings and the child's parents or guardians.

O. The department shall provide DCS information on request to a prospective adoptive parent, foster parent or guardian, if the information concerns a child the prospective adoptive parent, foster parent or guardian seeks to adopt or provide care for.

P. If the department receives information that is confidential by law, the department shall maintain the confidentiality of the information as prescribed in the applicable law.

Q. A person may authorize the release of DCS information about the person but may not waive the confidentiality of DCS information concerning any other person.

R. The department may provide a summary of the outcome of a department investigation to the person who reported the suspected child abuse or neglect.

S. The department shall adopt rules to facilitate the accessibility of DCS information.

T. The department or a person who receives DCS information pursuant to subsection B of this section shall provide DCS information to law enforcement and a court to protect the safety of any employee of the department or the office of the attorney general or to protect a family member of such an employee.

U. A person who receives DCS information shall maintain the confidentiality of the information and shall not further disclose the information unless the disclosure is authorized by law or a court order.

V. The department may charge a fee for copying costs required to prepare DCS information for release pursuant to this section or section 8-807.01.

W. Unless explicitly prohibited by law, it is the public policy of this state that the department shall provide both of the following:

1. All DCS information and direct remote access to the department's automated case management system to the office of the ombudsman-citizen's aide and the auditor general.

2. Direct remote access to the department's automated case management system and any DCS information that is necessary to perform the foster care review board's statutory duties to the supreme court.

X. A person who violates this section is guilty of a class 2 misdemeanor.
A.R.S. § 8-404 — Arizona Code / Title 8 / Chapter 3 / Article 7 / Section 404
8-404 Impact statement; predisposition report
Status: in_force

8-404. Impact statement; predisposition report

A. The victim may submit a written impact statement or make an oral impact statement to the probation officer for the officer's use in preparing a predisposition or transfer report.

B. In preparing the predisposition or transfer report, the probation officer shall consider the economic, physical and psychological impact that the delinquent act has had on the victim and the victim's immediate family.

C. On request, the probation department shall provide the victim with the following information from the predisposition report:

1. The referral history.

2. The probation officer's assessment of the case.

3. The disposition and treatment recommendations.

4. The probation officer's recommendations for treatment and disposition.

5. The detention history.
A.R.S. § 8-530.05 — Arizona Code / Title 8 / Chapter 4 / Article 4 / Section 530.05
8-530.05 Transportation; dispute resolution
Status: in_force

8-530.05. Transportation; dispute resolution

A. The department of child safety and the department of education shall adopt a clear, written arbitration process for prompt resolution of disputes between the department of child safety, local educational agencies and the department of education regarding the arrangement for and funding of a child's transportation to a school determined to be in the best interest of the child pursuant to section 8-530.04.

B. The arbitration process shall include provisions to ensure transportation to the school of origin or current educational placement if a prior best interest determination has been made until the dispute is resolved.

C. A decision resolving a dispute pursuant to this section shall be made within ten business days after receipt of the dispute.
A.R.S. § 8-202 — Arizona Code / Title 8 / Chapter 2 / Article 1 / Section 202
8-202 Jurisdiction of juvenile court
Status: in_force

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.
A.R.S. § 8-522 — Arizona Code / Title 8 / Chapter 4 / Article 4 / Section 522
8-522 Dependency actions; special advocate; appointment; duties; immunity
Status: in_force

8-522. Dependency actions; special advocate; appointment; duties; immunity

A. The presiding judge of the juvenile court in each county may appoint an adult as a special advocate for a child who is the subject of a dependency action. The court shall make this appointment at the earliest possible stage in the proceedings.  A child, through the child's special advocate, guardian ad litem or attorney, has the right to be informed of, to be present at and to be heard in any proceeding involving dependency or termination of parental rights.

B. The supreme court shall certify special advocates pursuant to rules adopted by the court. Court rules for certification shall include compliance with qualification standards prescribed by the court.

C. The appointment of the special advocate continues until the court relieves the advocate of the advocate's responsibilities or until the court dismisses the action before it.

D. A special advocate serves without compensation but is entitled to reimbursement of expenses pursuant to guidelines prescribed by the supreme court by rule.

E. A special advocate shall:

1. Meet with the child.

2. Advocate for the child's safety as the first priority.

3. Gather and provide independent, factual information to aid the court in making its decision regarding what is in the child's best interest and in determining if reasonable efforts have been made to prevent removal of the child from the child's home or to reunite the child with the child's family.

4. Provide advocacy to ensure that appropriate case planning and services are provided for the child.

5. Perform other duties prescribed by the supreme court by rule.

F. A special advocate shall have access to all documents and information regarding the child and the child's family without obtaining prior approval of the child, the child's family or the court. All records and information the special advocate acquires, reviews or produces may only be disclosed as provided for in section 41-1959.

G. The special advocate shall receive notice of all hearings, staffings, investigations and other matters concerning the child. The special advocate shall have a right to participate in the formulation of any agreement, stipulation or case plan entered into regarding the child.

H. A special advocate is immune from civil or criminal liability for the advocate's acts or omissions in connection with the authorized responsibilities the special advocate performs in good faith.
A.R.S. § 8-530.08 — Arizona Code / Title 8 / Chapter 4 / Article 4 / Section 530.08
8-530.08 Congregate care; assessment; plans; definitions
Status: in_force

8-530.08. Congregate care; assessment; plans; definitions

A. Within thirty days after placing a child in a congregate care setting, the department shall do the following:

1. Work with the child, if developmentally appropriate, the child's attorney and the child's family and service team to do both of the following:

(a) Establish a plan to place a child in an appropriate family-like setting.  The plan shall be specific to the child and, if applicable, the child's siblings and the child's minor parent or parents. The plan shall include steps to identify and recruit an appropriate family-like setting for the child. In developing the plan, the department shall identify and consider the placement preferences of the child.

(b) As part of the plan established pursuant to subdivision (a) of this paragraph, develop a child-specific congregate care implementation plan to ensure that the child's needs are appropriately met while the child is placed in a congregate care setting.

2. Conduct an on-site visit of a group home within forty-eight hours after placing a medically complex child in a group home to ensure that all staff members who will have contact or care responsibilities for a medically complex child have proper training.

3. Document both of the following in the child's case plan:

(a) The plan for placement of a child in an appropriate family-like setting and the child-specific congregate care implementation plan pursuant to paragraph 1, subdivisions (a) and (b) of this subsection.

(b) The results and findings of the group home on-site survey, if applicable, pursuant to paragraph 2 of this subsection.

B. For the purpose of this section:

1. "Family and service team" includes any of the following:

(a) Coaches.

(b) Court appointed special advocates.

(c) Department employees.

(d) Former foster caregivers.

(e) Mentors.

(f) Teachers.

(g) Any other individuals who have knowledge of the child.

2. "Medically complex child" means a child who the department has determined has or is at risk for a chronic physical or developmental condition and who requires health-related services beyond the health-related services that are required by a child in general.
A.R.S. § 8-514.01 — Arizona Code / Title 8 / Chapter 4 / Article 4 / Section 514.01
8-514.01 Placement of children with developmental disabilities
Status: in_force

8-514.01. Placement of children with developmental disabilities

A. All foster placements of children with developmental disabilities made by the division shall be made to child developmental homes for children with developmental disabilities that are operated or licensed by the department of economic security pursuant to title 36, chapter 5.1, article 3 and that provide specialized programs for children with developmental disabilities, except that placements of children with developmental disabilities to foster homes licensed pursuant to this article may be made if the division determines that such placement is in the best interests of the child.

B. A regular foster home shall apply for certification as a child developmental certified home pursuant to section 36-593.01 if either of the following applies:

1. The department of child safety has placed a foster child with a developmental disability in the foster home.

2. A foster child in the foster home has been determined by the department of economic security to have a developmental disability.

C. Subsection B of this section does not apply to a regular foster home or group foster home with a foster child with a developmental disability who was placed in the home before August 6, 2016.  Any such placements shall continue to be licensed, certified and monitored by both the department of child safety and the department of economic security.
A.R.S. § 8-515 — Arizona Code / Title 8 / Chapter 4 / Article 4 / Section 515
8-515 Time limits on placement in receiving home; court orders
Status: in_force

8-515. Time limits on placement in receiving home; court orders

A. In the absence of a juvenile court order, a child shall not remain in a receiving foster home for a period of more than three weeks.

B. Juvenile court orders extending receiving foster home placement beyond three weeks shall be reviewed by the juvenile court at least once each week, beginning one week from the date of the order. At the time of this review, the juvenile court shall either reaffirm or withdraw the order.
A.R.S. § 8-844.01 — Arizona Code / Title 8 / Chapter 4 / Article 10 / Section 844.01
8-844.01 Allegation of aggravating circumstance
Status: in_force

8-844.01. Allegation of aggravating circumstance

At least fifteen days before the disposition hearing, the department shall give written notice to the court and the parties if the department intends to present evidence that an aggravating circumstance described in section 8-846, subsection D, paragraph 1 exists.
A.R.S. § 8-416 — Arizona Code / Title 8 / Chapter 3 / Article 7 / Section 416
8-416 Standing to invoke rights; recovery of damages; right to counsel
Status: in_force

8-416. Standing to invoke rights; recovery of damages; right to counsel

A. The rights enumerated in the victims' bill of rights, article II, section 2.1, Constitution of Arizona, any implementing legislation or court rules belong to the victim. The victim has standing to seek an order, to bring a special action or to file a notice of appearance in a trial court or an appellate proceeding seeking to enforce any right or to challenge an order denying any right guaranteed to victims. A victim may not be charged a filing fee to file a special action or to seek an order pursuant to this subsection. In asserting any right, the victim has the right to be represented by personal counsel at the victim's expense, and the proceedings may be initiated by the victim's counsel or the prosecutor.

B. A victim has the right to recover damages from a governmental entity responsible for the intentional, knowing or grossly negligent violation of the victim's rights under the victims' bill of rights, article II, section 2.1, Constitution of Arizona, any implementing legislation or court rule.  Nothing in this section alters or abrogates any provision for immunity provided for under common law or statute.

C. At the request of the victim, the prosecutor may assert any right to which the victim is entitled.

D. On the filing of a notice of appearance, counsel for the victim shall be endorsed on all pleadings and, if present, be included in all bench conferences and in chambers meetings and sessions with the trial court that directly involve a victim's right enumerated in article II, section 2.1, Constitution of Arizona.

E. Notwithstanding any other law and without limiting any rights and powers of the victim, the victim has the right to present evidence or information and to make an argument to the court, personally or through counsel, at any proceeding to determine the amount of restitution pursuant to section 13-804.
A.R.S. § 8-209 — Arizona Code / Title 8 / Chapter 2 / Article 1 / Section 209
8-209 Juvenile court facilities; juvenile shelters; treatment services
Status: in_force

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.
A.R.S. § 8-201 — Arizona Code / Title 8 / Chapter 2 / Article 1 / Section 201
8-201 Definitions
Status: in_force

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.
A.R.S. § 8-517 — Arizona Code / Title 8 / Chapter 4 / Article 4 / Section 517
8-517 Withdrawal from foster home
Status: in_force

8-517. Withdrawal from foster home

The division or agency that placed the child may withdraw a child from a foster home only when the division or agency determines that withdrawal is according to written, specific standards and is clearly necessary for the child's interests and welfare. The division may change the placement of a child made pursuant to section 8-514.02 if the change is necessary for the child's best interests and welfare.
A.R.S. § 8-142.01 — Arizona Code / Title 8 / Chapter 1 / Article 2 / Section 142.01
8-142.01 Adoption subsidy program; hospital reimbursement
Status: in_force

8-142.01. Adoption subsidy program; hospital reimbursement

A. Notwithstanding section 8-144, subsection B, for inpatient hospital admissions and outpatient hospital services on or after March 1, 1993, the department shall reimburse a hospital according to the rates established by the Arizona health care cost containment system pursuant to section 36-2903.01, subsection G.

B. The department shall use the Arizona health care cost containment system rates as identified in subsection A of this section for any child enrolled in the adoption subsidy program. This requirement shall not be construed to expand the liability of the adoption subsidy program beyond eligible preexisting conditions on an adoption subsidy agreement entered into between the department and the adoptive parent.

C. A hospital bill is considered received for purposes of subsection E of this section on initial receipt of the legible, error-free claim form by the department if the claim includes the following error-free documentation in legible form:

1. An admission face sheet.

2. An itemized statement.

3. An admission history and physical.

4. A discharge summary or an interim summary if the claim is split.

5. An emergency record, if admission was through the emergency room.

6. Operative reports, if applicable.

7. A labor and delivery room report, if applicable.

D. The department shall require that the hospital pursue other third party payors before submitting a claim to the department. Payment received by a hospital from the department pursuant to this section is considered payment by the department of the department's liability for the hospital bill. A hospital may collect any unpaid portion of its bill from other third party payors or in situations covered by title 33, chapter 7, article 3.

E. For inpatient hospital admissions and outpatient hospital services rendered on and after October 1, 1997, if the department receives the claim directly from the hospital for services rendered, the department shall pay a hospital's rate established according to this section subject to the following:

1. If the hospital's bill is paid within thirty days of the date the bill was received, the department shall pay ninety-nine per cent of the rate.

2. If the hospital's bill is paid after thirty days but within sixty days of the date the bill was received, the department shall pay one hundred per cent of the rate.

3. If the hospital's bill is paid any time after sixty days of the date the bill was received, the department shall pay one hundred per cent of the rate plus a fee of one per cent per month for each month or portion of a month following the sixtieth day of receipt of the bill until the date of payment.

F. For medical services other than those for which a rate has been established pursuant to section 36-2903.01, subsection G, the department shall pay according to the Arizona health care cost containment system capped fee-for-service schedule adopted pursuant to section 36-2904, subsection K.

G. For any hospital or medical claims not covered under subsection A or F of this section, the department shall establish and adopt a schedule setting out maximum allowable fees that the department deems reasonable for such services after appropriate study and analysis of usual and customary fees charged by providers.
A.R.S. § 8-405 — Arizona Code / Title 8 / Chapter 3 / Article 7 / Section 405
8-405 Disposition
Status: in_force

8-405. Disposition

A. The victim may present evidence, information and opinions that concern the delinquent act, the delinquent, the disposition or the need for restitution at any predisposition or disposition proceeding.

B. At any disposition proceeding the victim has the right to be present and to address the court.
A.R.S. § 8-822 — Arizona Code / Title 8 / Chapter 4 / Article 9 / Section 822
8-822 Removal of child from home; rules and policies; approval; definition
Status: in_force

8-822. Removal of child from home; rules and policies; approval; definition

A. The department shall adopt rules and establish clear policies and procedures, where appropriate, to:

1. Determine the circumstances under which it is appropriate to remove a child from the custody of the child's parents, guardian or custodian.

2. Ensure the immediate notification of the child's parents, guardian or custodian regarding the removal of the child from home, school or child care and the timely interview of the child and the child's parent, guardian or custodian.

B. The department shall apply its rules, policies and safety assessment model prescribed in section 8-456 uniformly across this state.

C. Except as provided in subsection D of this section, the department may not remove a child from the custody of the child's parents, guardian or custodian unless both of the following occur before the removal:

1. The child safety worker who is recommending the removal submits the reasons for removal and supporting information to the worker's supervisor.

2. The worker's supervisor reviews the reasons and supporting information and approves the removal.

D. If an emergency exists affecting the health or safety of a child, a child safety worker may remove the child before notifying the worker's supervisor. The child safety worker shall submit the reasons for removal and supporting information to the worker's supervisor for the supervisor's review and approval within two hours after the removal of the child or, if the removal occurs after regular working hours, by 8:30 a.m. the next day.

E. For the purposes of this section, "supervisor" includes the permanent supervisor of a child safety worker and a temporary supervisor assigned to the child safety worker in the absence of the permanent supervisor.
A.R.S. § 8-383 — Arizona Code / Title 8 / Chapter 3 / Article 7 / Section 383
8-383 Implementation of rights and duties
Status: in_force

8-383. Implementation of rights and duties

A. Except as provided in sections 8-386 and 8-412 and section 8-389, subsection B, the rights and duties that are established by this article arise on the arrest or formal charging of a juvenile who is alleged to be responsible for a delinquent act against a victim. The rights and duties continue to be enforceable pursuant to this article until the final disposition of the charges, including acquittal or dismissal of the charges, all postadjudication release, review and appellate proceedings and the discharge of all proceedings related to restitution. If a delinquent is ordered to pay restitution to a victim, the rights and duties continue to be enforceable until restitution is paid or a judgment is entered in favor of the victim pursuant to section 8-344.

B. If a juvenile's adjudication is reversed and the case is returned to the juvenile court for further proceedings, the victim has the same rights that were applicable to the delinquency proceedings that led to the appeal or other postadjudication relief proceeding.

C. After the final termination of a delinquency proceeding by dismissal or acquittal, a person who has received notice and has the right to be present and be heard pursuant to the victims' bill of rights, article II, section 2.1, Constitution of Arizona, this article or any court rule is no longer entitled to those rights.
A.R.S. § 8-524 — Arizona Code / Title 8 / Chapter 4 / Article 4 / Section 524
8-524 Court appointed special advocate and vulnerable persons fund
Status: in_force

8-524. Court appointed special advocate and vulnerable persons fund

A. The court appointed special advocate and vulnerable persons fund is established consisting of monies received pursuant to section 5-568.  The fund is subject to annual legislative appropriation. Monies appropriated by the legislature from the court appointed special advocate and vulnerable persons fund shall be used by the supreme court to operate, improve, maintain and enhance the court appointed special advocate program and court functions benefiting vulnerable persons.

B. A court may request fund monies by submitting a program plan and funding request to the supreme court pursuant to rules adopted by the court.
A.R.S. § 8-804 — Arizona Code / Title 8 / Chapter 4 / Article 8 / Section 804
8-804 Central registry; notification; definition
Status: in_force

8-804. Central registry; notification; definition

A. The department shall maintain a central registry of child abuse and neglect.

B. The department shall conduct central registry background checks and shall use the information contained in the central registry only for the following purposes:

1. As a factor to determine qualifications for any of the following:

(a) Foster home licensing.

(b) Adoptive parent certification.

(c) Individuals who apply for child welfare agency licensing.

(d) Child care home certification.

(e) Registration of unregulated child care homes with the child care resource and referral system.

(f) Home and community based services certification for services to children or vulnerable adults.

(g) An adult who works in a group home, residential treatment center, shelter or other congregate care setting.

2. As a factor to determine qualifications for persons who are employed or who are applying for employment with this state in positions that provide direct service to children or vulnerable adults.

3. As a factor to determine qualifications for individuals who are employed or who are applying for employment with a child welfare agency in positions that provide direct service to children or vulnerable adults.

4. As a factor to determine qualifications for positions that provide direct service to children or vulnerable adults for:

(a) Any person who applies for a contract with this state and that person's employees.

(b) All employees of a contractor.

(c) A subcontractor of a contractor and the subcontractor's employees.

(d) Prospective employees of the contractor or subcontractor at the request of the prospective employer.

5. To provide information to licensees that do not contract with this state regarding persons who are employed or seeking employment to provide direct services to children pursuant to title 36, chapter 7.1.

6. To identify and review reports concerning individual children and families, in order to facilitate the assessment of safety and risk.

7. To determine the nature and scope of child abuse and neglect in this state and to provide statewide statistical and demographic information concerning trends in child abuse and neglect.

8. To allow comparisons of this state's statistical data with national data.

9. To comply with section 8-804.01, subsection B.

10. To provide information to licensees described in subsection D of this section regarding persons who are employed or seeking employment to provide direct services to children in a licensed behavioral health residential facility.

11. To provide information to licensees regarding persons who are employed or seeking employment in an intermediate care facility for individuals with intellectual disabilities.

C. Licensees that do not contract with the state and that employ persons who provide direct services to children pursuant to title 36, chapter 7.1 must submit to the department of child safety in a manner prescribed by the department of child safety information necessary to conduct central registry background checks. The department of health services shall verify whether licensees, pursuant to title 36, chapter 7.1, have complied with the requirements of this subsection and any rules adopted by the department of health services to implement this subsection.

D. Licensees that do not contract with this state, that contract with the federal government, that receive only federal monies and that employ persons who provide direct services to children in a licensed behavioral health residential facility pursuant to title 36, chapter 4 must submit to the department of child safety in a manner prescribed by the department of child safety information necessary to conduct central registry background checks. The department of child safety may charge a fee to licensees to conduct central registry background checks pursuant to this subsection. The department of health services shall verify whether the licensees, pursuant to title 36, chapter 4, have complied with the requirements of this subsection.

E. Licensees that employ persons to provide direct care in an intermediate care facility for individuals with intellectual disabilities must submit to the department of child safety in a manner prescribed by the department of child safety information necessary to conduct central registry background checks. The department of health services shall verify whether the licensees, pursuant to title 36, chapter 4, comply with the requirement of this subsection.

F. The department shall maintain entries in the central registry in accordance with the rules adopted pursuant to section 8-804.02 for not more than twenty-five years after the date of a court finding of abuse or neglect.

G. At least monthly the department shall purge central registry entries pursuant to the time frames established by rules adopted pursuant to section 8-804.02.

H. Any person who was the subject of a department investigation may request confirmation that the department has purged information about the person pursuant to subsection G of this section. On receipt of this request, the department shall provide the person with written confirmation that the department has no record containing identifying information about that person.

I. The department shall notify a person, contractor or licensee identified in subsection B, paragraph 4, subdivisions (a), (b) and (c) and subsection B, paragraphs 5, 10 and 11 of this section who is disqualified because of a central registry check conducted pursuant to subsection B of this section that the person may apply to the board of fingerprinting for a central registry exception pursuant to section 41-619.57.

J. Before being employed in a position that provides direct services to children or vulnerable adults pursuant to subsection B, paragraphs 4, 5, 10 and 11 or subsections C, D and E of this section, employees shall certify, under penalty of perjury, on forms that are provided by the department whether an allegation of abuse or neglect was made against them and was placed on the central registry. The forms are confidential. If this certification does not indicate a current investigation or a substantiated report of abuse or neglect, the employee may provide direct services pending the findings of the central registry check.

K. A person who is granted a central registry exception pursuant to section 41-619.57 is not entitled to a contract, employment, licensure, certification or other benefit because the person has been granted a central registry exception.

L. An agency of this state that conducts central registry background checks as a factor to determine qualifications for positions that provide direct services to children or vulnerable adults shall publish a list of disqualifying acts of abuse or neglect.

M. An agency of this state that conducts central registry background checks may provide information contained in the central registry on all reports of child abuse and neglect that are substantiated and the outcomes of the investigations of the reports to carry out this section. Identifying information regarding any person other than the perpetrator may not be released. Information received pursuant to this section may not be further disseminated unless authorized by law or court order.

N. The department may enter into an agreement with another state agency to allow that agency to conduct the central registry background checks required by this section.

O. The department shall provide all information in the central registry to the board of fingerprinting pursuant to section 8-804.03.

P. For the purposes of this section, "intermediate care facility for individuals with intellectual disabilities" has the same meaning prescribed in section 36-551.
A.R.S. § 8-455 — Arizona Code / Title 8 / Chapter 4 / Article 1 / Section 455
8-455 Centralized intake hotline; purposes; report of possible crime; DCS report; standardized hotline assessment tools; access to information; public awareness; definitions
Status: in_force

8-455. Centralized intake hotline; purposes; report of possible crime; DCS report; standardized hotline assessment tools; access to information; public awareness; definitions

A. The department shall operate and maintain a centralized intake hotline to protect children by receiving at all times communications concerning suspected abuse or neglect. If a person communicates suspected abuse or neglect to a department employee other than through the hotline, the employee shall refer the person or communication to the hotline.

B. The hotline is the first step in the safety assessment and investigation process and must be operated to:

1. Record communications made concerning suspected abuse or neglect.

2. Immediately take steps necessary to identify and locate prior communications and DCS reports related to the current communication using the department's data system and the central registry system of this state.

3. Quickly and efficiently provide information to a law enforcement agency or prepare a DCS report as required by this section.

4. Determine the proper initial priority level of investigation based on the report screening assessment and direct the DCS report to the appropriate part of the department based on this determination.

C. If a communication provides a reason to believe that a criminal offense has been committed and the communication does not meet the criteria for a DCS report, the hotline worker shall immediately provide the information to the appropriate law enforcement agency.

D. A hotline worker shall prepare a DCS report if the identity or current location of the child victim, the child's family or the person suspected of abuse or neglect is known or can be reasonably ascertained and all of the following are alleged:

1. The suspected conduct would constitute abuse or neglect. If the suspected conduct involves neglect as defined in section 8-201, paragraph 25, subdivision (c) and a health professional determines that the newborn infant was exposed prenatally to cannabis as defined in section 13-3401, the department shall verify whether the mother is a qualifying patient as defined in section 36-2801 and possesses a valid registry identification card issued pursuant to section 36-2804.03.

2. The suspected victim of the conduct is under eighteen years of age.

3. The suspected victim of the conduct is a resident of or present in this state.

4. The person suspected of committing the abuse or neglect is the parent, guardian or custodian of the victim or an adult member of the victim's household.

E. A hotline worker shall prepare a DCS report if the identity of the person who is suspected of abuse is an employee of a child welfare agency and both of the following apply:

1. The child victim is placed with the agency.

2. The agency is licensed by and contracted with the department.

F. Except for criminal conduct allegations, the department is not required to prepare a DCS report if all of the following apply:

1. The suspected conduct occurred more than three years before the communication to the hotline.

2. There is no information or indication that a child is currently being abused or neglected.

G. Investigations of DCS reports shall be conducted as provided in section 8-456 except for investigations containing allegations of criminal conduct, which shall be conducted as provided in section 8-471.

H. The department is not required to prepare a DCS report concerning alleged abuse or neglect if the alleged act or acts occurred in a foreign country and the child is in the custody of the federal government.

I. The department shall develop and train hotline workers to use standardized hotline assessment tools to determine:

1. Whether the suspected conduct constitutes abuse or neglect and the severity of the suspected abuse or neglect.

2. Whether the suspected abuse or neglect involves criminal conduct, even if the communication does not result in the preparation of a DCS report.

3. The appropriate investigative track for referral based on the risk to the child's safety.

J. A DCS report must include, if available, all of the following:

1. The name, address or contact information for the person making the communication.

2. The name, address and other location or contact information for the parent, guardian or custodian of the child or other adult member of the child's household who is suspected of committing the abuse or neglect.

3. The name, address and other location or contact information of an employee of a child welfare agency who is suspected of committing abuse if both of the following apply:

(a) The child victim is placed with the agency.

(b) The agency is licensed by and contracted with the department.

4. The name, address and other location or contact information for the child.

5. The nature and extent of the indications of the child's abuse or neglect, including any indication of physical injury.

6. Any information regarding possible prior abuse or neglect, including reference to any communication or DCS report involving the child, the child's siblings or the person suspected of committing the abuse or neglect.

K. Information gathered through the hotline must be made available to an employee of the department in order to perform the employee's duties. The office of child welfare investigations and the inspections bureau must have immediate access to all records of the hotline.

L. A representative of the:

1. Office of child welfare investigations must be embedded in the hotline to carry out the purposes of section 8-471.

2. Inspections bureau must be embedded in the hotline to carry out the purposes of section 8-458.

M. The department shall publicize the availability and the purposes of the centralized intake hotline.

N. For the purposes of this section:

1. "Centralized intake hotline" means the system developed pursuant to this section regardless of the communication methods or technologies used to implement the system.

2. "Criminal offense" means an allegation of conduct against a child by a person other than a parent, guardian or custodian of the child victim or another adult member of the child's household that, if true, would constitute a felony offense.
A.R.S. § 8-847 — Arizona Code / Title 8 / Chapter 4 / Article 10 / Section 847
8-847 Periodic review hearings
Status: in_force

8-847. Periodic review hearings

A. After the disposition hearing, the court shall hold periodic review hearings at least once every six months as required by federal law.

B. At a proceeding to review the disposition orders of the court, the court shall provide the following persons notice of the review and the right to participate in the proceeding:

1. The authorized agency charged with the child's care and custody.

2. Any foster parents in whose home the child resided within the last six months or resides at present, except for those foster parents who maintain a receiving foster home where the child has resided for ten days or less.  The petitioner shall provide the court with the names and addresses of all foster parents who are entitled to notice pursuant to statute.

3. A shelter care facility or receiving foster home where the child resides or has resided within the last six months for more than ten days.  The petitioner shall provide the court with the names and addresses of all shelter care facilities and receiving foster homes that are entitled to notice pursuant to this paragraph.

4. The child's parent or guardian unless the parental rights of that parent or guardian have been terminated by court action or unless the parent has relinquished rights to the child to an agency or has consented to the adoption of the child as provided in section 8-107.

5. The child, if twelve years of age or older.

6. The child's relative, as defined in section 8-501, if that relative files a written notice of right of participation with the court.

7. A person permitted by the court to intervene as a party in the dependency proceeding.

8. A physical custodian of the child within the preceding six months.

9. Any person who has filed a petition to adopt or who has physical custody pursuant to a court order in a foster-adoptive placement.

10. Any other person as the court may direct.

C. At the first periodic review hearing, the court shall consider whether a parent of a child who is under three years of age has substantially neglected or wilfully refused to participate in reunification services offered by the department.

D. At any periodic review hearing, the court shall consider the health and safety of the child as a paramount concern.

E. At any periodic review hearing the court shall determine:

1. Whether the department has identified and assessed placement of the child with a relative or person who has a significant relationship with the child.

2. Whether the parent or guardian has complied with the court order pursuant to section 8-824, subsection D, paragraph 6 or section 8-842 subsection B, paragraph 1.

F. If the court finds that a child is no longer dependent, before it dismisses the proceeding the court shall provide notice of the sibling information exchange program established pursuant to section 8-543 to the following:

1. An adult who is the former dependent child in the proceeding for whom the periodic review hearing is held.

2. A parent or guardian with legal custody of the former dependent child for whom the periodic review hearing is held.
A.R.S. § 8-361 — Arizona Code / Title 8 / Chapter 3 / Article 5 / Section 361
8-361 Adoption of interstate compact for juveniles
Status: in_force

8-361. Adoption of interstate compact for juveniles

The governor is authorized and directed to enter into a compact on behalf of this state with any of the United States lawfully joined in the compact in a form substantially as follows:

ARTICLE I

PURPOSE

A. This state and the other compacting states to this interstate compact recognize that each state is responsible for the proper supervision or return of juveniles, delinquents and status offenders who are on probation or parole and who have absconded, escaped or run away from supervision and control and in so doing who have endangered their own safety and the safety of others.  The compacting states also recognize that Congress, by enacting the crime control act, 4 United States Code Section 112 (1965), has authorized and encouraged compacts for cooperative efforts and mutual assistance in the prevention of crime.

B. It is the purpose of this compact, through means of joint and cooperative action among the compacting states, to do all of the following:

1. Ensure that adjudicated juveniles and status offenders who are subject to this compact are provided with adequate supervision and services in the receiving state as ordered by the adjudicating judge or parole authority in the sending state.

2. Ensure that the public safety interests of the citizens, including the victims of juvenile offenders, in both the sending and receiving states are adequately protected.

3. Return juveniles who have run away, absconded or escaped from supervision or control or have been accused of an offense to the state requesting their return.

4. Make contracts for the cooperative institutionalization in public facilities in member states for delinquent youth who need special services.

5. Provide for the effective tracking and supervision of juveniles.

6. Equitably distribute the costs, benefits and obligations of the compact among the compacting states.

7. Establish procedures to manage the movement between states of juvenile offenders who are released to the community under the jurisdiction of courts, juvenile departments or any other criminal or juvenile justice agency that has jurisdiction over juvenile offenders.

8. Ensure immediate notice to jurisdictions where defined offenders are authorized to travel or to relocate across state lines.

9. Establish procedures to resolve pending charges or detainers against juvenile offenders before transfer or release to the community under the terms of this compact.

10. Establish a system of uniform data collection pertaining to juveniles who are subject to this compact that allows access by authorized criminal justice officials and regular reporting of compact activities to heads of state executive, judicial and legislative branches and criminal justice administrators.

11. Monitor compliance with rules governing interstate movement of juveniles and initiate interventions to address and correct noncompliance.

12. Coordinate training and education regarding the regulation of interstate movement of juveniles for officials involved in such activity.

13. Coordinate the implementation and operation of the compact with the interstate compact for the placement of children, the interstate compact for the supervision of adult offenders and other compacts that affect juveniles, particularly in those cases where concurrent or overlapping supervision issues arise.

C. It is the policy of the compacting states that the activities that are conducted by the interstate commission created under this compact are the formation of public policies and therefore are public business.  Furthermore, the compacting states shall cooperate and observe their individual and collective duties and responsibilities for the prompt return and acceptance of juveniles who are subject to the provisions of this compact.  The provisions of this compact shall be reasonably and liberally construed to accomplish the purposes and policies of the compact.

ARTICLE II

DEFINITIONS

As used in this compact, unless the context clearly requires a different construction:

1. "Bylaws" mean those bylaws established by the interstate commission for its governance or for directing or controlling the interstate commission's actions or conduct.

2. "Commissioner" means the voting representative of each compacting state who is appointed pursuant to Article III of this compact.

3. "Compact administrator" means the individual in each compacting state who is appointed pursuant to the terms of this compact and who is responsible for the administration and management of the state's supervision and transfer of juveniles who are subject to the terms of this compact, the rules adopted by the interstate commission and policies adopted by the state council under this compact.

4. "Compacting state" means any state that has enacted the enabling legislation for this compact.

5. "Court" means any court that has jurisdiction over delinquent, neglected or dependent children.

6. "Deputy compact administrator" means the individual, if any, in each compacting state who is appointed to act on behalf of a compact administrator pursuant to the terms of this compact and who is responsible for the administration and management of the state's supervision and transfer of juveniles who are subject to the terms of this compact, the rules adopted by the interstate commission and policies adopted by the state council under this compact.

7. "Interstate commission" means the interstate commission for juveniles established by this compact.

8. "Juvenile" means any person who is defined as a juvenile in any member state or by the rules of the interstate commission, including:

(a) Accused delinquents.  For the purposes of this subdivision, "accused delinquents" means persons who are charged with an offense that, if committed by an adult, would be a criminal offense.

(b) Adjudicated delinquents.  For the purposes of this subdivision, "adjudicated delinquents" means persons who have been found to have committed an offense that, if committed by an adult, would be a criminal offense.

(c) Accused status offenders.  For the purposes of this subdivision, "accused status offenders" means persons who are charged with an offense that would not be a criminal offense if committed by an adult.

(d) Adjudicated status offenders.  For the purposes of this subdivision, "adjudicated status offenders" means persons who have been found to have committed an offense that would not be a criminal offense if committed by an adult.

(e) Nonoffenders. For the purposes of this subdivision, "nonoffenders" means persons who are in need of supervision and who have not been accused or adjudicated as status offenders or delinquents.

9. "Noncompacting state" means any state that has not enacted the enabling legislation for this compact.

10. "Probation or parole" means any kind of supervision or conditional release of juveniles that is authorized under the laws of the compacting states.

11. "Rules" means any written statement by the interstate commission that is adopted pursuant to article VI of this compact, that is of general applicability and that implements, interprets or prescribes a policy or provision of the compact, or an organizational, procedural or practice requirement of the commission, and that has the force and effect of statutory law in a compacting state and includes the amendment, repeal or suspension of an existing rule.

12. "State" means a state of the United States, the District of Columbia or its designee, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa and the Northern Mariana Islands.

ARTICLE III

Interstate commission for juveniles

A. The compacting states hereby create the "interstate commission for juveniles".  The interstate commission shall be a body corporate and joint agency of the compacting states.  The interstate commission shall have all the responsibilities, powers and duties set forth herein and such additional powers as may be conferred upon it by subsequent action of the respective legislatures of the compacting states in accordance with the terms of this compact.

B. The interstate commission shall consist of commissioners who are appointed by the appropriate appointing authority in each state pursuant to the rules and requirements of each compacting state and in consultation with the state council for interstate juvenile supervision created under this compact. The commissioner shall be the compact administrator, deputy compact administrator or designee from that state who shall serve on the interstate commission in such capacity under or pursuant to the applicable law of the compacting state.

C. In addition to the commissioners who are the voting representatives of each state, the interstate commission shall include individuals who are not commissioners but who are members of interested organizations.  The noncommissioner members must include a member of the national organizations of governors, legislators, state chief justices, attorneys general, interstate compact for the supervision of adult offenders, interstate compact for the placement of children, juvenile justice and juvenile corrections officials and crime victims.  All noncommissioner members of the interstate commission shall be ex officio or nonvoting members.  The interstate commission may provide in its bylaws for such additional ex officio or nonvoting members, including members of other national organizations, in such numbers as is determined by the commission.

D. Each compacting state represented at any meeting of the interstate commission is entitled to one vote.  A majority of the compacting states shall constitute a quorum for the transaction of business, unless a larger quorum is required by the bylaws of the interstate commission.

E. The interstate commission shall meet at least once each calendar year. The chairperson may call additional meetings and, upon the request of a simple majority of the compacting states, shall call additional meetings.  Public notice shall be given of all meetings, and meetings shall be open to the public.

F. The interstate commission shall establish an executive committee which shall include commission officers, members and others as shall be determined by the bylaws.  The executive committee shall have the power to act on behalf of the interstate commission during periods when the interstate commission is not in session, with the exception of rule making or amendment to the compact, or both. The executive committee oversees the day-to-day activities of the administration of the compact managed by an executive director and interstate commission staff, administers enforcement and compliance with the provisions of the compact, its bylaws and rules and performs other duties as directed by the interstate commission or set forth in the bylaws.

G. Each member of the interstate commission shall have the right and power to cast a vote to which that compacting state is entitled and to participate in the business and affairs of the interstate commission.  A member shall vote in person and shall not delegate a vote to another compacting state. However, a commissioner, in consultation with the state council, shall appoint another authorized representative, in the absence of the commissioner from that state, to cast a vote on behalf of the compacting state at a specified meeting.  The bylaws may provide for members' participation in meetings by telephone or other means of telecommunication or electronic communication.

H. The interstate commission's bylaws shall establish conditions and procedures under which the interstate commission shall make its information and official records available to the public for inspection or copying.  The interstate commission may exempt from disclosure any information or official records to the extent they would adversely affect personal privacy rights or proprietary interests.

I. Public notice shall be given of all meetings and all meetings shall be open to the public, except as set forth in the rules or as otherwise provided in the compact.  The interstate commission and any of its committees may close a meeting to the public if it determines by two-thirds vote that an open meeting would be likely to:

1. Relate solely to the interstate commission's internal personnel practices and procedures.

2. Disclose matters specifically exempted from disclosure by statute.

3. Disclose trade secrets or commercial or financial information which is privileged or confidential.

4. Involve accusing any person of a crime or formally censuring any person.

5. Disclose information of a personal nature if disclosure would constitute a clearly unwarranted invasion of personal privacy.

6. Disclose investigative records compiled for law enforcement purposes.

7. Disclose information contained in or related to examination, operating or condition reports prepared by, or on behalf of or for the use of, the interstate commission with respect to a regulated person or entity for the purpose of regulation or supervision of such person or entity.

8. Disclose information, the premature disclosure of which would significantly endanger the life of a person or the stability of a regulated person or entity.

9. Specifically relate to the interstate commission's issuance of a subpoena or its participation in a civil action or other legal proceeding.

J. For every meeting closed pursuant to this article, the interstate commission's legal counsel shall publicly certify that, in the legal counsel's opinion, the meeting may be closed to the public and shall reference each relevant exemptive provision.  The interstate commission shall keep minutes which shall fully and clearly describe all matters discussed in any meeting and shall provide a full and accurate summary of any actions taken, and the reasons therefor, including a description of each of the views expressed on any item and the record of any roll call vote reflected in the vote of each member on the question.  All documents considered in connection with any action shall be identified in such minutes.

K. The interstate commission shall collect standardized data concerning the interstate movement of juveniles as directed through its rules.  The rules shall specify the data to be collected, the means of collection and data exchange and reporting requirements.  Such methods of data collection, exchange and reporting shall insofar as is reasonably possible conform to up-to-date technology and coordinate their information functions with the appropriate repository of records.

ARTICLE IV

POWERS AND DUTIES OF THE INTERSTATE COMMISSION

The interstate commission shall have the following powers:

1. To provide for dispute resolution among compacting states.

2. To promulgate rules to effect the purposes and obligations as enumerated in this compact.  The rules shall have the force and effect of statutory law and shall be binding in the compacting states to the extent and in the manner provided in this compact.

3. To oversee, supervise and coordinate the interstate movement of juveniles subject to the terms of this compact and any bylaws adopted and rules promulgated by the interstate commission.

4. To enforce compliance with compact provisions, interstate commission rules and bylaws, using all necessary and proper means, including, but not limited to, the use of judicial process.

5. To establish and maintain offices which shall be located within one or more of the compacting states.

6. To purchase and maintain insurance and bonds.

7. To borrow, accept, hire or contract for services of personnel.

8. To establish and appoint committees and hire staff which it deems necessary for the carrying out of its functions including, but not limited to, an executive committee as required by article III which shall have the power to act on behalf of the interstate commission in carrying out its powers and duties hereunder.\

9. To elect or appoint such officers, attorneys, employees, agents or consultants, to fix their compensation, define their duties and determine their qualifications and to establish the interstate commission's personnel policies and programs relating to, among other things, conflicts of interest, rates of compensation and qualifications of personnel.

10. To accept any and all donations and grants of money, equipment, supplies, materials and services and to receive, utilize and dispose of them.

11. To lease, purchase, accept contributions or donations of, or otherwise to own, hold, improve or use, any property, real, personal or mixed.

12. To sell, convey, mortgage, pledge, lease, exchange, abandon or otherwise dispose of any property, real, personal or mixed.

13. To establish a budget and make expenditures and levy dues as provided in article VIII of this compact.

14. To sue and be sued.

15. To adopt a seal and bylaws governing the management and operation of the interstate commission.

16. To perform such functions as may be necessary or appropriate to achieve the purposes of this compact.

17. To report annually to the legislatures, governors, judiciary and state councils of the compacting states concerning the activities of the interstate commission during the preceding year.  Such reports shall also include any recommendations that may have been adopted by the interstate commission.

18. To coordinate education, training and public awareness regarding the interstate movement of juveniles for officials involved in such activity.

19. To establish uniform standards for the reporting, collecting and exchanging of data.

20. To maintain its corporate books and records in accordance with the bylaws.

ARTICLE V

ORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSION

A. The interstate commission, by a majority of the members, within twelve months of the first interstate commission meeting, shall adopt bylaws to govern its conduct as may be necessary or appropriate to carry out the purposes of the compact, including, but not limited to:

1. Establishing the fiscal year of the interstate commission.

2. Establishing an executive committee and such other committees as may be necessary.

3. Providing for the establishment of committees governing any general or specific delegation of any authority or function of the interstate commission.

4. Providing reasonable procedures for calling and conducting meetings of the interstate commission and ensuring reasonable notice of each such meeting.

5. Establishing the titles and responsibilities of the officers of the interstate commission.

6. Providing a mechanism for winding up the operations of the interstate commission and the equitable return of any surplus funds that may exist upon the termination of the compact after the payment or reserving, or both, of all of its debts and obligations.

7. Providing start-up rules for initial administration of the compact.

8. Establishing standards and procedures for compliance and technical assistance in carrying out the compact.

B. The interstate commission, by a majority of the members, shall elect from among its members a chairperson and a vice-chairperson, each of whom shall have such authorities and duties as may be specified in the bylaws.  The chairperson or, in the chairperson's absence or disability, the vice-chairperson, shall preside at all meetings of the interstate commission.  The officers so elected shall serve without compensation or remuneration from the interstate commission, except that, subject to the availability of budgeted funds, the officers shall be reimbursed for any actual and necessary costs and expenses incurred by them in the performance of their duties and responsibilities as officers of the interstate commission.

C. The interstate commission, through its executive committee, shall appoint or retain an executive director for such period, upon such terms and conditions and for such compensation as the interstate commission may deem appropriate.  The executive director shall serve as secretary to the interstate commission, shall not be a member and shall hire and supervise such other staff as may be authorized by the interstate commission.

D. The interstate commission's executive director and employees shall be immune from suit and liability, either personally or in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused or arising out of any actual or alleged act, error or omission that occurred within the scope of interstate commission employment, duties or responsibilities, except that any such person shall not be protected from suit or liability for any damage, loss, injury or liability caused by the intentional or willful and wanton misconduct of any such person.

E. The liability of any commissioner, or the employee or agent of a commissioner, acting within the scope of such person's employment or duties for acts, errors or omissions occurring within such person's state may not exceed the limits of liability set forth under the constitution and laws of that state for state officials, employees and agents. Nothing in this subsection shall be construed to protect any such person from suit or liability for any damage, loss, injury or liability caused by the intentional or willful and wanton misconduct of any such person.

F. The interstate commission shall defend the executive director or the employees or representatives of the interstate commission and, subject to the approval of the attorney general of the state represented by any commissioner of a compacting state, shall defend such commissioner or the commissioner's representatives or employees in any civil action seeking to impose liability arising out of any actual or alleged act, error or omission that occurred within the scope of interstate commission employment, duties or responsibilities, or that the defendant had a reasonable basis for believing occurred within the scope of interstate commission employment, duties or responsibilities, if the actual or alleged act, error or omission did not result from intentional or willful and wanton misconduct on the part of such person.

G. The interstate commission shall indemnify and hold the commissioner of a compacting state, the commissioner's representatives or employees or the interstate commission's representatives or employees harmless in the amount of any settlement or judgment obtained against such persons arising out of any actual or alleged act, error or omission that occurred within the scope of interstate commission employment, duties or responsibilities, or that such persons had a reasonable basis for believing occurred within the scope of interstate commission employment, duties or responsibilities, if the actual or alleged act, error or omission did not result from intentional or willful and wanton misconduct on the part of such person.

ARTICLE VI

RULE MAKING FUNCTIONS OF THE INTERSTATE COMMISSION

A. The interstate commission shall promulgate and publish rules in order to effectively and efficiently achieve the purposes of the Compact.

B. Rule making shall occur pursuant to the criteria set forth in this article and the bylaws and rules adopted pursuant thereto.  Such rule making shall substantially conform to the principles of the "model state administrative procedures act," 1981 Act, Uniform Laws Annotated, Vol. 15, p. 1 (2000), or such other administrative procedures act, as the interstate commission deems appropriate consistent with due process requirements under the United States Constitution as now or hereafter interpreted by the United States supreme court. All rules and amendments shall become binding as of the date specified in each rule or amendment, as published with the final version of the rule as approved by the interstate commission.

C. When promulgating a rule, the interstate commission, at a minimum, shall:

1. Publish the proposed rule's entire text stating the reason for the proposed rule.

2. Allow and invite persons to submit written data, facts, opinions and arguments.  This information shall be added to the record and made publicly available.

3. Provide an opportunity for an informal hearing if petitioned by ten or more persons.

4. Promulgate a final rule and its effective date, if appropriate, based on input from state or local officials or interested parties.

D. Not later than sixty days after a rule is promulgated, any interested person may file a petition in the United States district court for the District of Columbia or in the federal district court where the interstate commission's principal office is located for judicial review of such rule.  If the court finds that the interstate commission's action is not supported by substantial evidence in the rule making record, the court shall hold the rule unlawful and set it aside.

E. If a majority of the legislatures of the compacting states rejects a rule, by enactment of a statute or resolution in the same manner used to adopt the compact, the rule shall have no further force and effect in any compacting state.

F. The existing rules governing the operation of the interstate compact on juveniles superseded by this act shall be null and void twelve months after the first meeting of the interstate commission created hereunder.

G. Upon determination by the interstate commission that an emergency exists, it may promulgate an emergency rule which shall become effective immediately upon adoption, except that the usual rule making procedures provided hereunder shall be retroactively applied to the rule as soon as reasonably possible, but no later than ninety days after the effective date of the emergency rule.

ARTICLE VII

OVERSIGHT, ENFORCEMENT AND DISPUTE RESOLUTION

BY THE INTERSTATE COMMISSION

A. The interstate commission shall oversee the administration and operations of the interstate movement of juveniles subject to this compact in the compacting states and shall monitor such activities being administered in noncompacting states which may significantly affect compacting states.

B. The courts and executive agencies in each compacting state shall enforce this compact and shall take all actions necessary and appropriate to effectuate the compact's purposes and intent.  The provisions of this compact and the rules promulgated hereunder shall be received by all the judges, public officers, commissions and departments of the state government as evidence of the authorized statute and administrative rules.  All courts shall take judicial notice of the compact and the rules.  In any judicial or administrative proceeding in a compacting state pertaining to the subject matter of this compact which may affect the powers, responsibilities or actions of the interstate commission, the interstate commission shall be entitled to receive all service of process in any such proceeding and shall have standing to intervene in the proceeding for all purposes.

C. The compacting states shall report to the interstate commission on issues or activities necessary for the administration of the compact as well as issues and activities pertaining to compliance with the provisions of the compact and its bylaws and rules.

D. On the request of a compacting state, the interstate commission shall attempt to resolve any disputes or other issues which are subject to the compact and which may arise among compacting states and between compacting and noncompacting states.  The interstate commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes among the compacting states.

E. The interstate commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of this compact using any or all means set forth in article XI of this compact.

ARTICLE VIII

FINANCE

A. The interstate commission shall pay or provide for the payment of the reasonable expenses of its establishment, organization and ongoing activities.

B. The interstate commission shall levy on and collect an annual assessment from each compacting state to cover the cost of the internal operations and activities of the interstate commission and its staff which must be in a total amount sufficient to cover the interstate commission's annual budget as approved each year.  The aggregate annual assessment amount shall be allocated based upon a formula to be determined by the interstate commission, taking into consideration the population of each compacting state and the volume of interstate movement of offenders in each compacting state and shall promulgate a rule binding upon all compacting states which governs the assessment.

C. The interstate commission shall not incur any obligations of any kind before securing the funds adequate to meet the same. Nor shall the interstate commission pledge the credit of any of the compacting states, except by and with the authority of the compacting state.

D. The interstate commission shall keep accurate accounts of all receipts and disbursements.  The receipts and disbursements of the interstate commission shall be subject to the audit and accounting procedures established under its bylaws.  However, all receipts and disbursements of funds handled by the interstate commission shall be audited yearly by a certified or licensed public accountant and the report of the audit shall be included in and become part of the annual report of the interstate commission.

ARTICLE IX

THE STATE COUNCIL

A. Each member state shall create a state council for interstate juvenile supervision.  While each state may determine the membership of its own state council, its membership must include at least one representative from the legislative, judicial and executive branches of government, victims groups and the compact administrator, deputy compact administrator or designee.  Each compacting state retains the right to determine the qualifications of the compact administrator or deputy administrator.

B. Each state council shall exercise oversight and advocacy concerning that state's participation in interstate commission activities and other duties as determined by that state, including, but not limited to, the development of policy concerning operations and procedures of the compact within that state.

ARTICLE X

COMPACTING STATES, EFFECTIVE DATE AND AMENDMENT

A. Any state, the District of Columbia or its designee, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa and the Northern Mariana Islands as defined in article II of this compact are eligible to become compacting states.

B. The compact shall become effective and binding upon legislative enactment of the compact into law by no less than thirty-five of the States. The initial effective date shall be the later of July 1, 2004, or upon enactment into law by the thirty-fifth jurisdiction. Thereafter it shall become effective and binding, as to any other compacting state, upon enactment of the compact into law by that state.  The governors of nonmember states or their designees will be invited to participate in interstate commission activities on a nonvoting basis before adoption of the compact by all states and territories of the United States.

C. The interstate commission may propose amendments to the compact for enactment by the compacting states.  No amendment shall become effective and binding upon the interstate commission and the compacting states unless and until it is enacted into law by unanimous consent of the compacting states.

ARTICLE XI

WITHDRAWAL, DEFAULT, TERMINATION AND JUDICIAL ENFORCEMENT

A. Once effective, the compact shall continue in force and remain binding upon each and every compacting state, except that a compacting state may withdraw from the compact by enacting a statute specifically repealing the statute which enacted the compact into law.  The effective date of withdrawal is the effective date of the repeal.

B. The withdrawing state shall immediately notify the chairperson of the interstate commission in writing upon the introduction of legislation repealing this compact in the withdrawing state.  The interstate commission shall notify the other compacting states of the withdrawing state's intent to withdraw within sixty days of its receipt thereof.

C. The withdrawing state is responsible for all assessments, obligations and liabilities incurred through the effective date of withdrawal, including any obligations, the performance of which extend beyond the effective date of withdrawal.

D. Reinstatement following withdrawal of any compacting state shall occur upon the withdrawing state reenacting the compact or upon such later date as determined by the interstate commission.

E. If the interstate commission determines that any compacting state has at any time defaulted in the performance of any of its obligations or responsibilities under this compact, the bylaws or any duly promulgated rules the interstate commission may impose any or all of the following penalties:

1. Remedial training and technical assistance as directed by the interstate commission.

2. Alternative dispute resolution.

3. Fines, fees and costs in such amounts as are deemed to be reasonable as fixed by the interstate commission.

4. Suspension or termination of membership in the compact. Suspension shall be imposed only after all other reasonable means of securing compliance under the bylaws and rules have been exhausted and the interstate commission has therefore determined that the offending state is in default.  Immediate notice of suspension shall be given by the interstate commission to the governor, the chief justice or chief judicial officer of the state, the majority and minority leaders of the defaulting state's legislature and the state council.  The grounds for default include, but are not limited to, failure of a compacting state to perform such obligations or responsibilities imposed upon it by this compact, the bylaws or duly promulgated rules and any other grounds designated in commission bylaws and rules.  The interstate commission shall immediately notify the defaulting state in writing of the penalty imposed by the interstate commission on the defaulting state pending a cure of the default.  The interstate commission shall stipulate the conditions and the time period within which the defaulting state must cure its default.  If the defaulting state fails to cure the default within the time period specified by the interstate commission, the defaulting state shall be terminated from the compact upon an affirmative vote of a majority of the compacting states and all rights, privileges and benefits conferred by this compact shall be terminated from the effective date of termination.

F. Within sixty days of the effective date of termination of a defaulting state, the interstate commission shall notify the governor, the chief justice or chief judicial officer, the majority and minority leaders of the defaulting state's legislature and the state council of such termination.

G. The defaulting state is responsible for all assessments, obligations and liabilities incurred through the effective date of termination including any obligations, the performance of which extends beyond the effective date of termination.

H. The interstate commission shall not bear any costs relating to the defaulting state unless otherwise mutually agreed upon between the interstate commission and the defaulting state.

I. Reinstatement following termination of any compacting state requires both a reenactment of the compact by the defaulting state and the approval of the interstate commission pursuant to the rules.

J. The interstate commission, by majority vote of the members, may initiate legal action in the United States district court for the District of Columbia or, at the discretion of the interstate commission, in the federal district where the interstate commission has its offices to enforce compliance with the provisions of the compact, its duly promulgated rules and bylaws, against any compacting state in default.  In the event judicial enforcement is necessary the prevailing party shall be awarded all costs of such litigation, including reasonable attorney fees.

K. The compact dissolves effective upon the date of the withdrawal or default of the compacting state which reduces membership in the compact to one compacting state.  Upon the dissolution of this compact, the compact becomes null and void and shall be of no further force or effect, and the business and affairs of the interstate commission shall be wound up and any surplus funds shall be distributed in accordance with the bylaws.

ARTICLE XII

SEVERABILITY AND CONSTRUCTION

A. The provisions of this compact shall be severable, and if any phrase, clause, sentence or provision is deemed unenforceable, the remaining provisions of the compact shall be enforceable.

B. The provisions of this compact shall be liberally construed to effectuate its purposes.

ARTICLE XIII

BINDING EFFECT OF COMPACT AND OTHER LAWS

A. Nothing herein prevents the enforcement of any other law of a compacting state that is not inconsistent with this compact.

B. All compacting states' laws other than state constitutions and other interstate compacts conflicting with this compact are superseded to the extent of the conflict.

C. All lawful actions of the interstate commission, including all rules and bylaws promulgated by the interstate commission, are binding on the compacting states.  All agreements between the interstate commission and the compacting states are binding in accordance with their terms.

D. On the request of a party to a conflict over meaning or interpretation of interstate commission actions, and on a majority vote of the compacting states, the interstate commission may issue advisory opinions regarding such meaning or interpretation.

E. In the event any provision of this compact exceeds the constitutional limits imposed on the legislature of any compacting state, the obligations, duties, powers or jurisdiction sought to be conferred by such provision upon the interstate commission shall be ineffective and such obligations, duties, powers or jurisdiction shall remain in the compacting state and shall be exercised by the agency thereof to which such obligations, duties, powers or jurisdiction are delegated by law in effect at the time this compact becomes effective.