A.R.S. § 8-865 — Arizona Code / Title 8 / Chapter 4 / Article 11 / Section 865
8-865 Change of judge; procedure; definitions
Status: in_force

8-865. Change of judge; procedure; definitions

A. A person who is a party to an action initiated pursuant to this article is entitled to a change of judge for cause on any of the following grounds:

1. The judge has been engaged as counsel in the matter before appointment or election as a judge.

2. The judge has an interest in the matter.

3. The judge is related to either party in the matter.

4. The judge is a material witness in the matter.

5. A party has cause to believe and does believe that due to the bias, prejudice or interest of the judge, the judge cannot be fair and impartial.

B. Not less than five days after discovering grounds exist for a change of judge for cause pursuant to subsection A of this section but before the start of a hearing held pursuant to this article, a party may file a motion requesting a change of judge for cause.  The motion shall be supported by an affidavit. The affidavit shall contain the specific grounds for the change of judge for cause.  A party who requests a change of judge for cause shall provide a copy of the motion for change of judge for cause and the affidavit alleging the specific grounds for the change of judge for cause to all of the parties in the matter and the presiding judge.  If the judge named in the motion for change of judge for cause and the affidavit is the judge presiding over the matter, the role of the presiding judge shall be performed by a judge who is designated by the presiding judge.

C. A party waives the right to a change of judge for cause when the party, after learning that grounds exist for a change of judge for cause, allows a contested proceeding initiated pursuant to this article to begin or continue before that judge without objection.  Any event that occurs before the discovery that grounds exist for a change of judge for cause does not constitute a waiver of the right to a change of judge for cause.  A party may preserve allegations that the party believes may prevent a fair and impartial hearing for an appeal.

D. In any matter brought pursuant to this article, each party has a right to make one request for a change of judge without cause. A party may exercise the right to a change of judge without cause by making a request on the record in open court or by filing a "notice of change of judge" that is signed by the party's attorney or, if the party is self-represented, signed by the party, stating the name of the judge to be changed without cause.  A notice of change of judge without cause must be filed not less than five days after notice has been provided to the requesting party that the matter has been assigned to a judge.

E. A party waives the right to a change of judge without cause when the party participates in any contested proceeding before that judge.  The waiver applies to all successive petitions or supplemental petitions that are filed regarding the same matter, the same minor or any other minor who has at least one parent in common with that minor and to all proceedings after remand by an appellate court.

F. If the appellate court remands a case that remains assigned to the original judge, the parties have a renewed right to a change of judge without cause.  If on remand the case is assigned to a new judge, a party who has not waived a right under subsection E of this section or who has not previously filed a notice of change of judge without cause pursuant to subsection D of this section may file a notice of change of judge not later than ten days after notice has been provided to the party who is requesting a change of judge without cause that a judge has been assigned to the matter.

G. If a party timely files a motion or a notice for a change of judge either for cause or without cause pursuant to this section, the judge named in the motion or notice may take no further action in the matter before the matter is reassigned to another judge, except to make the temporary orders that are necessary to prevent harm to the child that is the subject of the matter.

H. For the purposes of this section:

1. "Judge" includes:

(a) A judge.

(b) A commissioner.

(c) A judge pro tempore.

2. "Presiding judge" includes the presiding judge's designee.
A.R.S. § 8-451 — Arizona Code / Title 8 / Chapter 4 / Article 1 / Section 451
8-451 Department; purpose
Status: in_force

8-451. Department; purpose

A. The department of child safety is established.

B. The primary purpose of the department is to protect children.  To achieve this purpose, the department shall do and focus equally on the following:

1. Investigate reports of abuse and neglect.

2. Assess, promote and support the safety of a child in a safe and stable family or other appropriate placement in response to allegations of abuse or neglect.

3. Work cooperatively with law enforcement regarding reports that include criminal conduct allegations.

4. Without compromising child safety, coordinate services to achieve and maintain permanency on behalf of the child, strengthen the family and provide prevention, intervention and treatment services pursuant to this chapter.
A.R.S. § 8-815 — Arizona Code / Title 8 / Chapter 4 / Article 8 / Section 815
8-815 Indian child welfare act; inquiry
Status: in_force

8-815. Indian child welfare act; inquiry

A. At the beginning of any court proceeding held pursuant to this chapter, the court shall inquire if any party has reason to believe that any child who is subject to the proceeding is subject to the Indian child welfare act of 1978 (P.L. 95-608; 92 Stat. 3069; 25 United States Code sections 1901 through 1963).  This inquiry is not required if the court has already determined that the Indian child welfare act of 1978 applies.

B. If the child is subject to the Indian child welfare act, the court and parties shall meet all requirements of the act that are not prescribed by this chapter.
A.R.S. § 8-204 — Arizona Code / Title 8 / Chapter 2 / Article 1 / Section 204
8-204 Juvenile court employees; merit system; annual report
Status: in_force

8-204. Juvenile court employees; merit system; annual report

A. The director of juvenile court services shall serve at the pleasure of the presiding judge of the juvenile court.

B. In counties which have adopted or hereafter adopt a limited county employee merit system pursuant to title 11, chapter 2, article 10 or a judicial merit system, juvenile probation officers, juvenile surveillance officers and juvenile detention officers other than the director and deputy director of juvenile court services shall be included in such county merit system or judicial merit system and entitled to the same privileges and protections provided in such merit system for other county employees or court employees.  Deputy directors and all other employees of the juvenile court may be included in the county merit system or judicial merit system at the discretion of the presiding judge of the superior court in each county.

C. The director of juvenile court services, in addition to all other duties, must submit an annual report to the presiding judge of the superior court and the legislature that includes the number of juveniles that the court has retained jurisdiction over pursuant to section 8-202, subsection H.  The director shall provide a copy of this report to the secretary of state.
A.R.S. § 8-454 — Arizona Code / Title 8 / Chapter 4 / Article 1 / Section 454
8-454 Department organization
Status: in_force

8-454. Department organization

A. The director shall organize the department to best implement the following functions:

1. Receiving, analyzing and efficiently responding to reports of possible abuse or neglect as provided in section 8-455.

2. Appropriately investigating the reports whether or not they involve criminal conduct allegations as provided in section 8-456.

3. Coordinating services necessary for the child or the child's family as provided in section 8-457.

4. Overseeing adoption pursuant to chapter 1 of this title and foster care pursuant to article 4 of this chapter.

5. Reviewing and reporting the actions of the department to ensure that the actions comply with statute and the rules and policies of the department and reporting significant violations as provided in section 8-458.

B. Subject to title 41, chapter 4, article 4, the director shall employ:

1. A chief of the office of child welfare investigations.  The chief is the administrative head of the office of child welfare investigations and shall report directly to the director.

2. An inspector general.  The inspector general is the administrative head of the inspections bureau and shall report directly to the director.

3. Administrators to serve as the administrative heads of the other bureaus of the department, who may report directly to the deputy director.
A.R.S. § 8-263 — Arizona Code / Title 8 / Chapter 2 / Article 5 / Section 263
8-263 Order for counseling; administration
Status: in_force

8-263. Order for counseling; administration

A. In addition to or before entering a judgment pursuant to article 4 of this chapter, the court may order parents or guardians of a child referred to the court and the child to attend family counseling programs administered by the court pursuant to this article.

B. The court shall determine the frequency of attendance at the counseling sessions provided for in subsection A of this section, the times and locations of the counseling sessions and the areas of counseling to be emphasized. The court may employ personnel and delegate to public and private agencies execution of the family counseling programs.

C. The court may not order a child or the child's parent or guardian to pay for the cost of counseling sessions or other services that are authorized by this section.  Payment for services necessary to carry out the provisions of this section shall be a county charge to the matching funds as provided in this article.

D. This section does not prevent a health insurer that is subject to title 20 or an Arizona health care cost containment system contractor from covering a cost that is related to the child's treatment or care.
A.R.S. § 8-322 — Arizona Code / Title 8 / Chapter 3 / Article 2 / Section 322
8-322 Juvenile probation services fund; program and contract requirements
Status: in_force

8-322. Juvenile probation services fund; program and contract requirements

A. The juvenile probation services fund is established. The supreme court shall administer the fund. Monies in the juvenile probation services fund are exempt from the provisions of section 35-190 relating to lapsing of appropriations.

B. The supreme court shall allocate monies in the fund or appropriated to the superior court's juvenile probation services fund line based on its determination of the need for and probable effectiveness of each plan submitted pursuant to this article. The supreme court shall require that the presiding juvenile court judge submit in accordance with rules of the supreme court a plan for the expenditure of monies that are allocated to the juvenile court pursuant to this section. The supreme court may reject a plan or a modification of a plan that is submitted pursuant to this subsection.

C. Monies in the fund shall be used to fund programs, the participation in which a juvenile probation officer or community based alternative program administered by the juvenile court has required as a condition of diversion pursuant to section 8-321. Monies shall also be used to fund programs to reduce the number of repetitive juvenile offenders and to provide services for juveniles who are on probation, including treatment, testing, independent living programs and residential, foster and shelter care, and for children who are referred to the juvenile court for incorrigibility or delinquency offenses. Monies may be used to provide the cost of care for persons who are under twenty-one years of age and who were placed in an independent living program or in foster care before eighteen years of age, who voluntarily remain in care and who are currently enrolled in and regularly attending any high school or certificate of equivalency program. Pursuant to section 8-341, subsection I, monies may also be used to provide services for persons who are under twenty-one years of age and who voluntarily participate in treatment. Except pursuant to section 8-341, subsection I, the cost of care shall not be continued for a person who has received a high school diploma or certificate of equivalency. The supreme court shall approve these services.  The juvenile court may develop and staff such programs, or the supreme court may enter into the purchase of service contracts with community youth serving agencies.

D. The administrative office of the courts may use monies appropriated to the fund for the purchase of detention facilities, to expand existing detention centers or to contract with private and public entities to expand or operate secure care facilities.

E. Monies in the fund may be used to obtain, operate and maintain a state-approved case management system that serves persons placed on probation or juveniles referred to the juvenile court.

F. All monies that are distributed or expended from the fund shall be used to supplement, not supplant, funding to the juvenile court by the county.

G. The supreme court shall contract for a periodic evaluation to determine if the provisions of this article reduce the number of repetitive juvenile offenders. The supreme court shall send a copy of the evaluation to the speaker of the house of representatives, the president of the senate and the governor.

H. A contract that is entered into between the supreme court or the county attorney and any contract provider to provide services pursuant to section 8-321 or this section to juveniles shall provide that, as a condition of employment, personnel who are employed by any contract provider, whether paid or not, and who are required or allowed to provide services directly to juveniles shall have valid fingerprint clearance cards issued pursuant to title 41, chapter 12, article 3.1 or shall apply for a fingerprint clearance card within seven working days of employment.

I. The contractor shall assume the costs of fingerprint checks and may charge these costs to its fingerprinted personnel.

J. A service contract or license with any contract provider that involves the employment of persons who have contact with juveniles shall provide that the contract or license may be canceled or terminated immediately if a person certifies pursuant to subsections M and N of this section that the person is awaiting trial on or has been convicted of any of the offenses listed in subsections M and N of this section in this state or of acts committed in another jurisdiction that would be offenses in this state or if the person does not possess or is denied issuance of a valid fingerprint clearance card.

K. A contract provider may avoid cancellation or termination of the contract or license under subsection J of this section if a person who does not possess or has been denied issuance of a valid fingerprint clearance card or who certifies pursuant to subsections M and N of this section that the person has been convicted of or is awaiting trial on any of the offenses listed in section 41-1758.03, subsection B is immediately prohibited from employment or service with the licensee or contract provider in any capacity requiring or allowing contact with juveniles.

L. A contract provider may avoid cancellation or termination of the contract or license under subsection J of this section if a person who does not possess or has been denied issuance of a valid fingerprint clearance card or who certifies pursuant to subsections M and N of this section that the person has been convicted of or is awaiting trial on any of the offenses listed in section 41-1758.03, subsection C is immediately prohibited from employment or service with the licensee or contract provider in any capacity requiring or allowing the person to provide direct services to juveniles unless the person is granted a good cause exception pursuant to section 41-619.55.

M. Personnel who are employed by any contract provider, whether paid or not, and who are required or allowed to provide services directly to juveniles shall certify on forms provided by the contracting agency and notarized whether they are awaiting trial on or have ever been convicted of any of the criminal offenses listed in section 41-1758.03, subsections B and C in this state or similar offenses in another state or jurisdiction.

N. Personnel who are employed by any contract provider, whether paid or not, and who are required or allowed to provide services directly to juveniles shall certify on forms provided by the contracting agency and notarized whether they have ever committed any act of sexual abuse of a child, including sexual exploitation and commercial sexual exploitation, or any act of child abuse.

O. Federally recognized Indian tribes or military bases may submit and the supreme court shall accept certifications that state that personnel who are employed or who will be employed during the contract term and who provide services directly to juveniles have not been convicted of, have not admitted committing or are not awaiting trial on any offense under subsection M of this section.

P. Adult clients of a contract provider who are receiving treatment services are exempt from the requirements of this section, unless they provide services directly to juveniles without supervision.

Q. Volunteers who provide services to juveniles under the direct visual supervision of the contractor's or licensee's employees are exempt from the fingerprinting requirements of this section.

R. The contracting agency shall notify the department of public safety if the contracting agency receives credible evidence that a person who possesses a valid fingerprint clearance card either:

1. Is arrested for or charged with an offense listed in section 41-1758.03, subsection B.

2. Falsified information on the form required by subsection M of this section.
A.R.S. § 8-243 — Arizona Code / Title 8 / Chapter 2 / Article 4 / Section 243
8-243 Expenses of child services; parent liability prohibited
Status: in_force

8-243. Expenses of child services; parent liability prohibited

A. The supreme court shall administer the activities, including providing the cost of services, for children who are referred to the juvenile court as incorrigible or delinquent and who are placed in foster care other than in a state institution or who require shelter care or treatment.  If the juvenile court places a referred child in foster care or orders a referred child to participate in treatment or an education program or if a probation officer requires a child to comply with a program pursuant to section 8-321, subsection F, the juvenile court may not order the child or the child's parent or guardian to bear the charge or expense of the foster care, treatment, education program or program required pursuant to section 8-321, subsection F.

B. If the juvenile court awards or commits a child to the department of juvenile corrections or other state department or institution, the juvenile court may not order the child or the child's parent or guardian to bear the charge, expense and maintenance, including the medical, dental and mental health care of the child while the child is committed to the custody of the department of juvenile corrections or other public or private institution or agency, or private person or persons.

C. If the juvenile court awards or commits a child to a juvenile detention facility, the juvenile court may not order the child or the child's parent or guardian to bear the charge, expense and maintenance, including food, clothing, shelter and supervision of the child while the child is detained in a juvenile detention facility.

D. This section does not prevent a health insurer that is subject to title 20 or an Arizona health care cost containment system contractor from covering an expense that is related to the child's treatment or care.
A.R.S. § 8-238 — Arizona Code / Title 8 / Chapter 2 / Article 3 / Section 238
8-238 Advisory hearing; DNA
Status: in_force

8-238. Advisory hearing; DNA

A. If a juvenile is charged with a violation of any of the following offenses and is summoned to appear at an advisory hearing, the judicial officer shall order the juvenile to report within five days to the law enforcement agency that investigated the juvenile or to the agency's designee and submit a sufficient sample of buccal cells or other bodily substances for deoxyribonucleic acid testing and extraction:

1. An offense listed in title 13, chapter 11.

2. A violation of section 13-1402, 13-1403, 13-1404, 13-1405, 13-1406, 13-1410, 13-1411 or 13-1417.

3. A violation of section 13-1507 or 13-1508.

4. A violation of any serious offense as defined in section 13-706 that is a dangerous offense as defined in section 13-105.

B. If a juvenile does not comply with an order issued pursuant to subsection A of this section, the court shall revoke the juvenile's release.

C. The investigating law enforcement agency or its designee shall transmit the sample to the department of public safety.

D. Section 13-610, subsections H, I, J, K, M and N, are applicable to samples collected pursuant to this section.
A.R.S. § 8-397 — Arizona Code / Title 8 / Chapter 3 / Article 7 / Section 397
8-397 Notice of release, discharge or escape from a mental health treatment agency or residential treatment
Status: in_force

8-397. Notice of release, discharge or escape from a mental health treatment agency or residential treatment

A. If the victim has made a request for notice, the probation department or the department of juvenile corrections, whichever has supervision of the accused or delinquent, shall provide the victim, at least ten days before the release or discharge of the accused or delinquent, with notice of the release or discharge of the accused or delinquent who is placed by court order in a mental health treatment agency or a residential treatment agency. The mental health treatment agency or residential treatment agency that has custody of the accused or delinquent shall notify the probation department or department of juvenile corrections, whichever has supervision of the accused or delinquent, at least thirty days before the release or discharge of the accused or delinquent.

B. The probation department or the department of juvenile corrections, whichever has supervision of the accused or delinquent, shall provide notice to the victim immediately after the escape or subsequent readmission of the accused or the delinquent notice of the escape or subsequent readmission of the accused or the delinquent who is placed by court order in a mental health treatment agency or a residential treatment agency. The mental health treatment agency or residential treatment agency that has custody of the accused or delinquent shall immediately notify the probation department or the department of juvenile corrections, whichever has supervision of the accused or delinquent, of the escape, runaway or subsequent readmission of the accused or delinquent.
A.R.S. § 8-508 — Arizona Code / Title 8 / Chapter 4 / Article 4 / Section 508
8-508 Receipt of articles of incorporation
Status: in_force

8-508. Receipt of articles of incorporation

Before issuing a charter for the incorporation of any organization for the purpose of receiving children for care or for placement in foster homes, the corporation commission shall transmit a copy of the petition for incorporation, together with all information in its possession pertaining to the proposed corporation, to the division. Application for amendment of the existing charter of such corporation shall be similarly referred.
A.R.S. § 8-144 — Arizona Code / Title 8 / Chapter 1 / Article 2 / Section 144
8-144 Subsidy agreement; duration; amount; periodic review; confidentiality
Status: in_force

8-144. Subsidy agreement; duration; amount; periodic review; confidentiality

A. The family entering into subsidized adoption and the department shall sign a subsidy agreement that contains a provision for periodic review as provided in subsection D of this section before the final decree of adoption is issued, except as provided in subsection B of this section. Adoption subsidies may commence with the adoption placement or after the adoption decree, and will vary with the needs due to the special circumstances of the adopted child as well as the availability of other resources.

B. The adoption subsidy may continue either:

1. Through the age of twenty-one if the individual is enrolled in and regularly attending school unless the person has received a high school diploma or certificate of equivalency.

2. Through the age of twenty, if the individual is adopted at sixteen or seventeen years of age and is one or more of the following:

(a) Completing secondary education or an educational program that leads to an equivalent credential or is enrolled in an institution that provides postsecondary or vocational education.

(b) Employed at least eighty hours a month.

(c) Participating in a program or activity that promotes employment or removes barriers to employment.

(d) Unable to be a full-time student or to be employed because of a documented medical condition.

C. The subsidy may be for special services only or for money payments, and either for a limited period or for a long term, or for any combination thereof. The amount of the subsidy shall not exceed the payments allowable under foster family care. A special service subsidy shall not exceed the reasonable fee for the service rendered in accordance with costs and procedures for authorization of services as determined by the department.

D. There shall be a periodic review as defined by the department to determine the appropriateness and reasonableness of all subsidies and to ascertain the need for continuing or adjusting the subsidy.

E. Notwithstanding subsection A of this section, an application may be made and granted on behalf of a child adopted pursuant to the laws of this state at any time for a new or increased adoption subsidy on documentation of an undiagnosed condition that existed before the finalization of the adoption.

F. All records regarding subsidized adoption shall be confidential and may be disclosed only in accordance with the rules of the department.
A.R.S. § 8-466 — Arizona Code / Title 8 / Chapter 4 / Article 1 / Section 466
8-466 Child and family advocacy center; requirements for funding; immunity; definition
Status: in_force

8-466. Child and family advocacy center; requirements for funding; immunity; definition

A. To be considered for funding from the child and family advocacy center fund established by section 41-191.11, a child and family advocacy center must be a private, nonprofit incorporated agency or a governmental entity that either:

1. Is accredited by a national organization that is organized to promote multidisciplinary child abuse investigation and prosecution programs as outlined in 42 United States Code sections 13001 through 13005 and is a member of or affiliated with an organization that has set core standards for best practices of a child and family advocacy center.

2. Annually certifies to the attorney general that the center meets all of the following:

(a) Maintains and provides services at a neutral facility that is focused on victims and that allows:

(i) Evidence-based forensic interviews by a trained forensic interviewer of victims or witnesses of one or more suspected offenses.

(ii) Interaction with a victim as investigative or treatment needs or victim services require.

(b) Has a multidisciplinary case review team that meets on a regular basis and that consists of members who are appropriate for serving a victim of a suspected offense.  Membership of the team may include:

(i) A representative of the department.

(ii) A representative of the county attorney.

(iii) A mental health service provider.

(iv) A representative of law enforcement.

(v) A victim advocate.

(vi) A forensic medical professional.

(vii) A forensic interviewer.

(c) Provides medical evaluations or referrals for medical evaluations by a health care provider who has specific training in child or adult sexual abuse.

(d) Provides mental health therapy or referrals for mental health therapy by professionals who have training in and who provide trauma-focused and evidence-supported mental health treatment.

(e) Facilitates evidence-based training for various disciplines in the community that respond to reports of one or more suspected offenses.

(f) Has a written commitment from any agency that is participating in the multidisciplinary approach to handling one or more suspected offenses.

(g) Provides the attorney general with proof of compliance with standards prescribed pursuant to this section.

(h) Complies with the relevant safety assessment and investigation protocols developed pursuant to section 8-817.

B. An employee or designated agent of a child and family advocacy center that meets the requirements of subsection A of this section is immune from any civil liability that arises from the employee's or designated agent's participation in the investigation process and services provided by the child and family advocacy center, unless the employee or designated agent acted with malice or has been charged with or is suspected of abusing or neglecting the child who is the subject of the investigation or services provided.  This subsection does not displace or limit any other immunity provided by law.

C. For the purposes of this section, "suspected offense" means one or more of the following:

1. Child abuse or neglect.

2. Abuse of an adult or a vulnerable adult.

3. Sexual assault.

4. Domestic violence.

5. Juvenile sex trafficking.

6. Homicide.
A.R.S. § 8-291.08 — Arizona Code / Title 8 / Chapter 2 / Article 8 / Section 291.08
8-291.08 Competency hearings; restoration orders
Status: in_force

8-291.08. Competency hearings; restoration orders

A. Within thirty days after a report is filed pursuant to section 8-291.07, the court shall hold a hearing to determine if a juvenile is competent to stand trial.  The parties may introduce other evidence regarding the juvenile’s mental condition or may submit the matter by written stipulation on the mental health expert’s report or reports.

B. If the court finds that the juvenile is competent to stand trial, the proceedings shall continue without delay.

C. If the court initially finds that the juvenile is incompetent but may be restored to competency, the court shall order that the juvenile undergo an attempt at restoration to competency.

D. If the court initially finds that the juvenile is incompetent and there is not a substantial probability that the juvenile will be restored to competency within two hundred forty days, the court shall dismiss the matter with prejudice and shall initiate civil commitment proceedings, if appropriate.  The court may appoint a guardian ad litem to proceed with a dependency investigation.

E. All restoration orders that are issued by the court shall specify the following:

1. The name of the restoration program provider and the location of the program.

2. Transportation to the program site.

3. The length of the restoration program.

4. Transportation after the program ends.

5. The frequency of reports.
A.R.S. § 8-111 — Arizona Code / Title 8 / Chapter 1 / Article 1 / Section 111
8-111 Notice of hearing on petition to adopt; service
Status: in_force

8-111. Notice of hearing on petition to adopt; service

After a petition to adopt has been filed, the clerk of the superior court shall set a time and place for a hearing by the court. Notice shall be as provided for the service of process in civil actions to:

1. The petitioner.

2. The agency, if any.

3. The person or agency conducting the social study required by section 8-112.

4. Any person or agency required to give consent by section 8-106 unless consent with a waiver of notice of hearing has been filed before the hearing.

5. Any person who has initiated a paternity action pursuant to title 25, chapter 6, article 1.
A.R.S. § 8-506 — Arizona Code / Title 8 / Chapter 4 / Article 4 / Section 506
8-506 Denial, suspension or revocation of license; foster home; hearing; exception
Status: in_force

8-506. Denial, suspension or revocation of license; foster home; hearing; exception

A. The division may deny the application or suspend or revoke the license of any foster home for wilful violation of any provision of this article or failure to maintain the standards of the care prescribed by the division.  Written notice of the grounds of the suspension or the proposed denial or revocation shall be given to the applicant or holder of the license.  A copy of the written notice of the suspension or the proposed denial or revocation shall be forwarded to the agency that recommended the foster home for licensing. Within twenty-five days after the mailing date of the written notice of proposed denial, revocation or suspension, the applicant or holder may request a hearing in accordance with the rules of the division. If the hearing is requested it shall be held within ten days after the request, at which time the applicant or holder shall have the right to present testimony and confront witnesses.

B. A denial, suspension or revocation of a foster home license due to a failure to obtain or maintain a level I fingerprint clearance card as required by section 8-509 is not an appealable agency action.
A.R.S. § 8-921 — Arizona Code / Title 8 / Chapter 6 / Article 1 / Section 921
8-921 Prohibition on religious discrimination; adoption services and foster care services; enforcement; remedies; definitions
Status: in_force

8-921. Prohibition on religious discrimination; adoption services and foster care services; enforcement; remedies; definitions

A. State government or any private person who sues under or attempts to enforce a law, rule or regulation that is adopted by this state or a political subdivision of this state may not take any discriminatory action against a person that advertises, provides or facilitates adoption or adoption services or foster care or foster care services on the basis that the person has provided or declines to provide adoption or adoption services or foster care or foster care services based on or in a manner consistent with the person's religious belief or exercise of religion.

B. Notwithstanding subsection A of this section, if a contractor has a religious objection to providing services required by a contract, the contractor shall submit with their contract proposal an alternative approach to meet the services required by the contract. If the contract requires an evidence-based curriculum, the alternative approach must be evidence-based and listed on the appropriate clearinghouse. The contractor may satisfy the contract obligations by collaborating with other contractors to provide services that the contractor objects to providing based on a religious belief or exercise of religion.

C. State government or any private person who sues under or attempts to enforce a law, rule or regulation that is adopted by this state or a political subdivision of this state may not discriminate against a person to whom the state government grants custody of an adopted child or foster child on the basis that the person guides, instructs or raises a child or intends to guide, instruct or raise a child in a manner consistent with the person's religious belief or exercise of religion.

D. Notwithstanding subsection C of this section, when considering placement of a child, state government may consider whether a person shares the same religious belief or exercise of religion with an adopted child or foster child.

E. Notwithstanding any other law, an action under this section may be commenced against the state government except a court, and relief may be granted, in a judicial proceeding without regard to whether the person commencing the action has sought or exhausted available administrative remedies. In any action or proceeding to enforce this section, a prevailing party who establishes a violation of this section shall recover reasonable attorney fees.

F. A person may assert a violation of this section as an action or proceeding against the state government except a court in any judicial or administrative proceeding or as a defense in any judicial or administrative proceeding whether the action or proceeding is brought by or in the name of the state government or another party.

G. A person may assert an actual or threatened violation of this section as a claim against the state government except a court or as a defense in a judicial or administrative proceeding and may obtain compensatory damages, injunctive relief, declaratory relief or other appropriate relief. A person shall bring a claim for a violation of this section not later than two years after the day the cause of action accrues.

H. This chapter applies to all state and local laws and ordinances and the implementation of those laws and ordinances, whether statutory or otherwise, and whether adopted before or after September 24, 2022.

I. For the purposes of this section:

1. "Adoption or adoption services" or "foster care or foster care services" means social services that are provided to or on behalf of children, including:

(a) Promoting foster parenting.

(b) Providing foster homes, residential care, group homes or temporary group shelters for children.

(c) Recruiting foster parents.

(d) Placing children in foster homes.

(e) Licensing or certifying foster homes.

(f) Promoting adoption or recruiting adoptive parents.

(g) Assisting adoptions or supporting adoptive families.

(h) Performing or assisting home studies.

(i) Assisting kinship foster care or kinship foster care parents.

(j) Providing family preservation services.

(k) Providing family support services.

(l) Providing temporary family reunification services.

2. "Contractor" means a person that:

(a) Advertises, provides or facilitates adoption or adoption services.

(b) Advertises, provides or facilitates foster care or foster care services.

(c) Contracts with this state to provide educational training for adopted or foster care children and parents.

3. "Discriminatory action" means an action taken by state government to do any of the following on the basis of a person's religious belief or exercise of religion:

(a) Alter the tax treatment of, or cause any tax, penalty or payment to be assessed against, or deny, delay, revoke or otherwise make unavailable an exemption from taxation of a person.

(b) Disallow, deny or otherwise make unavailable a deduction for state tax purposes of any charitable contribution that is made to or by a person.

(c) Withhold, reduce, exclude, terminate, materially alter the terms or conditions of or otherwise make unavailable or deny any state grant, contract, subcontract, cooperative agreement, guarantee, loan, scholarship or other similar benefit from or to a person.

(d) Withhold, reduce, exclude, terminate, adversely alter the terms or conditions of or otherwise make unavailable or deny any entitlement or benefit under a state benefit program from or to a person.

(e) Impose, levy or assess a monetary fine, a fee, a penalty, damages or an injunction.

(f) Withhold, reduce, exclude, terminate, materially alter the terms or conditions of or otherwise make unavailable or deny any license, certification, accreditation, custody award or agreement, diploma, grade, recognition or other similar benefit, position or status from or to a person.

(g) Refuse to hire or promote, force to resign, fire, demote, sanction, discipline, adversely alter the terms or conditions of employment or retaliate or take other adverse employment action against a person who is employed or commissioned by state government if the person that is the subject of the adverse employment action has first given notice to their employer of their religious objection.

4. "Person" means:

(a) A natural person, in his or her individual capacity, or in his or her capacity as a member, officer, owner, volunteer, employee, manager, religious leader, clergy or minister of any entity described in this paragraph.

(b) A religious organization.

(c) A sole proprietorship, partnership, trust, closely held corporation or other closely held entity.

(d) A cooperative, venture or enterprise that is composed of two or more individuals or entities described in this paragraph, regardless of nonprofit or for-profit status.

5. "Religious organization" means:

(a) A house of worship, church, synagogue, shrine, mosque or temple.

(b) A religious group, corporation, association, school or educational institution, ministry, order or society or a similar entity, regardless of whether it is integrated or affiliated with a church or other house of worship.

(c) An officer, owner, employee, manager, religious leader, clergy or minister of an entity or organization described in this subsection.

6. "State benefit program" means any program that is administered, controlled or funded by this State or by any agent on behalf of this State and that provides cash, payments, grants, contracts, loans or in-kind assistance.

7. "State government" means:

(a) This State or a political subdivision of this State.

(b) Any agency of this State or a political subdivision of this State, including a department, bureau, board, commission, council or court.

(c) Any person who acts under color of state law.
A.R.S. § 8-393 — Arizona Code / Title 8 / Chapter 3 / Article 7 / Section 393
8-393 Notice of release or escape
Status: in_force

8-393. Notice of release or escape

A. The custodial agency shall immediately notify the victim of the postarrest release or escape of the accused.

B. The department of juvenile corrections shall immediately give notice to a victim and the prosecutor's office of an escape by, and again upon the subsequent rearrest of, the accused or delinquent who was detained or committed to the department and confined in a secure care facility and who committed a delinquent act against the victim. The department shall give notice by any reasonable means.
A.R.S. § 8-328 — Arizona Code / Title 8 / Chapter 3 / Article 2 / Section 328
8-328 Juvenile diversion programs; reporting
Status: in_force

8-328. Juvenile diversion programs; reporting

A. A city or town attorney or prosecutor or a law enforcement agency shall not establish or conduct a diversion program or community based alternative program for juvenile offenders unless the program is authorized by the county attorney and notice is provided to the presiding judge of the juvenile court.

B. Beginning January 1, 2011, a city or town attorney or prosecutor or a law enforcement agency that establishes or conducts a diversion program or community based alternative program shall report the citation number, name and date of birth of each juvenile who participates in a diversion program or community based alternative program to the juvenile court in a format approved by the presiding judge of the juvenile court.
A.R.S. § 8-892 — Arizona Code / Title 8 / Chapter 4 / Article 14 / Section 892
8-892 Compliance
Status: in_force

8-892. Compliance

If the parent, guardian or custodian violates the in-home intervention order, the court may take whatever steps it deems necessary to obtain compliance or may rescind the order and set the dependency adjudication hearing as provided in sections 8-842 and 8-843.
A.R.S. § 8-812 — Arizona Code / Title 8 / Chapter 4 / Article 8 / Section 812
8-812 Child welfare agency; nonoperating identification license; photograph
Status: in_force

8-812. Child welfare agency; nonoperating identification license; photograph

A child welfare agency that receives for care and maintenance a child who has been adjudicated dependent shall obtain within ninety days after the child is placed with the agency:

1. A nonoperating identification license issued pursuant to section 28-3165.

2. If the child does not qualify for a nonoperating identification license, a photograph of the child.
A.R.S. § 8-829 — Arizona Code / Title 8 / Chapter 4 / Article 9 / Section 829
8-829 Judicial determinations; timing; documentation
Status: in_force

8-829. Judicial determinations; timing; documentation

A. If a child has been removed from the child's home, the court shall make protecting the child from abuse or neglect the first priority and shall make the following determinations within the following time periods:

1. In the court's first order that sanctions the removal, whether continuation of the child's residence in the home would be contrary to the welfare of the child.  This order may be the temporary order that the court issues on the filing of a dependency petition.

2. At the preliminary protective hearing, whether the department made attempts to identify and assess placement with the child's grandparent or another member of the child's extended family including a person who has a significant relationship with the child.

3. Within sixty days after the child is removed from the child's home, whether reasonable efforts have been made to prevent removal of the child or whether it was reasonable to make no efforts to prevent removal of the child.

4. If the child is not placed with a grandparent or another member of the child's extended family including a person who has a significant relationship with the child within sixty days after the child is removed from the child's home, why such placement is not in the best interests of the child.  The petitioner has the burden of presenting evidence that such placement is not in the child's best interests at the first court hearing thereafter.

5. Within twelve months after the child is removed from the child's home and once every twelve months thereafter, whether reasonable efforts have been made to finalize the existing permanency plan.

6. If the child is under three years of age, within six months after the child is removed from the child's home, whether reasonable efforts have been made to provide reunification services to the parent and 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.

B. Within one hundred twenty days after the department submits a qualified young adult's signed voluntary agreement to participate in an extended foster care program pursuant to section 8-521.02, the juvenile court shall determine whether the participation is in the qualified young adult's best interest.

C. The court shall make each determination described in subsection A or B on a case-by-case basis and shall set forth in its written order the specific factual basis for each determination. In making its determination, the court shall consider documentation that is reasonably available at the time of the determination.
A.R.S. § 8-305 — Arizona Code / Title 8 / Chapter 3 / Article 1 / Section 305
8-305 Detention center; jail; separate custody; definition
Status: in_force

8-305. Detention center; jail; separate custody; definition

A. The county board of supervisors or the county jail district, if authorized pursuant to title 48, chapter 25, shall maintain a detention center that is separate and apart from a jail or lockup in which adults are confined and where juveniles who are alleged to be delinquent or children who are incorrigible and within the provisions of this article shall be detained when necessary before or after a hearing or as a condition of probation. A juvenile who is charged with an offense that is listed in section 13-501 may be detained in a juvenile detention center if the court orders the detention. The board may enter agreements with public or private entities to acquire land for, build, purchase, lease-purchase, lease or expand a detention center required by this section.

B. The board of supervisors or the county jail district, if authorized pursuant to title 48, chapter 25, may provide for the detention of juveniles who are accused or convicted of a criminal offense in a jail or lockup in which adults are confined. A juvenile who is confined in a jail or lockup in which adults are confined shall be kept in a physically separate section from any adult who is charged with or convicted of a criminal offense, and no sight or sound contact between the juvenile and any charged or convicted adult is allowed, except to the extent authorized under federal laws or regulations.

C. A juvenile, pending a juvenile hearing, shall not be confined with adults charged with or convicted of a crime, except that:

1. A juvenile who is accused of a criminal offense or who is alleged to be delinquent may be securely detained in such location for up to six hours until transportation to a juvenile detention center can be arranged if the juvenile is kept in a physically separate section from any adult who is charged with or convicted of a crime and no sight or sound contact between the juvenile and any charged or convicted adult is allowed, except to the extent authorized under federal laws or regulations.

2. A juvenile who is transferred as provided in section 8-327 to the criminal division of the superior court may be securely detained if the juvenile is kept in a physically separate section from any adult charged with or convicted of a crime, and no sight or sound contact with any charged or convicted adult is allowed, except to the extent authorized under federal laws or regulations.

3. A juvenile who is arrested for an offense listed in section 13-501 may be detained in a juvenile detention center until formally charged as an adult if the court orders the detention. After a juvenile has been formally charged as an adult the juvenile may be either of the following:

(a) Detained in a juvenile detention center.

(b) Securely detained in an adult facility if the juvenile is detained separately from any adult charged with or convicted of a crime, except to the extent authorized under federal laws or regulations.

D. In determining whether to order that a juvenile who is charged with an offense that is listed in section 13-501 be detained in a juvenile detention center or an adult facility pursuant to subsection A or subsection C, paragraph 3, subdivision (a) of this section, the court shall consider all of the following:

1. The best interests of both the juvenile charged as an adult and the other juveniles detained in the juvenile detention center.

2. The juvenile's age.

3. The juvenile's physical and mental maturity.

4. The juvenile's present mental state, including whether the juvenile presents an imminent risk of harm to the juvenile.

5. The nature and circumstances of the alleged offense.

6. The juvenile's history of prior delinquent acts.

7. The relative ability of the available adult and juvenile detention facilities to meet the specific needs of the juvenile and to protect the safety of the public as well as other detained juveniles.

8. The existing programs and facilities for juveniles at both the juvenile detention center and the adult facility.

9. Any other factor relevant to the determination of where to detain the juvenile.

E. The director of juvenile court services in the county in which the juvenile is detained may file a motion in the juvenile's criminal case that requests a juvenile who is charged with an offense listed in section 13-501 be transferred to an adult facility based on the juvenile's conduct while in detention. On the director's request for the juvenile's transfer, the court shall hold a hearing to consider the transfer. At the hearing, the court shall consider all of the factors listed in subsection D of this section.

F. A child who is alleged to be delinquent or who is alleged to be incorrigible shall not be securely detained in a jail or lockup in which adults charged with or convicted of a crime are detained. A child may be nonsecurely detained if necessary to obtain the child's name, age, residence or other identifying information for up to six hours until arrangements for transportation to any shelter care facility, home or other appropriate place can be made. A child who is nonsecurely detained shall be detained separately from any adult charged with or convicted of a crime, and no sight or sound contact with any charged or convicted adult is permitted, except to the extent authorized under federal laws or regulations.

G. Any detained juvenile or child who, by the juvenile's or child's conduct, endangers or evidences that the juvenile or child may endanger the safety of other detained children shall not be allowed to intermingle with any other juvenile or child in the detention center.

H. Pursuant to section 8-322, the county board of supervisors, the county jail district board of directors or the administrative office of the courts on behalf of the juvenile court may enter into an agreement with public or private entities to provide the detention centers required by subsection A of this section.

I. For the purposes of this section, "juvenile" includes a person who is under the jurisdiction of the juvenile court pursuant to section 8-202, subsection H.
A.R.S. § 8-242 — Arizona Code / Title 8 / Chapter 2 / Article 4 / Section 242
8-242 Evaluation and disposition of a child with developmental disabilities
Status: in_force

8-242. Evaluation and disposition of a child with developmental disabilities

A. If evidence indicates that a child who is under the jurisdiction of the court pursuant to this chapter, chapter 3 or chapter 4, articles 8, 9, 10, 11, 12, 13 and 14 of this title may be suffering from developmental disabilities, the juvenile court shall order a study and report on the child's condition.

B. If it appears from the study and the report that such child is a child with a developmental disability and the child has been adjudicated dependent, incorrigible or delinquent, the juvenile court shall hear the matter, and such child shall be assigned by the juvenile court pursuant to section 8-341 or 8-845. If a child with a developmental disability is assigned by the juvenile court to the department, such assignment shall be subject to the provisions of section 36-560.

C. If it appears from the study and report or hearing that the child is not subject to assignment as a child with a developmental disability, the juvenile court shall proceed in the manner as otherwise provided by this chapter, chapter 3 or chapter 4, articles 8, 9, 10, 11, 12, 13 and 14 of this title.
A.R.S. § 8-542 — Arizona Code / Title 8 / Chapter 4 / Article 5 / Section 542
8-542 Confidentiality of information; violation; classification
Status: in_force

8-542. Confidentiality of information; violation; classification

A. It is unlawful, except for purposes for which files and records or social records or parts of or information from files and records or social records have been released pursuant to section 8-541, or except for purposes permitted by order of the court, for any person to knowingly disclose, receive or make use of, or authorize, knowingly permit, participate in or acquiesce in the use of, any information involved in any proceeding under this article directly or indirectly derived from the files, records, reports or other papers compiled pursuant to this article or acquired in the course of the performance of official duties.

B. A person who knowingly discloses information in violation of this section is guilty of a class 2 misdemeanor.

C. This section does not prohibit persons employed by the court, the division or a licensed child welfare agency from conducting the investigations or performing other duties pursuant to this article and done within the normal course of their employment.
A.R.S. § 8-113 — Arizona Code / Title 8 / Chapter 1 / Article 1 / Section 113
8-113 Removal from home; expedited hearings; probationary period; rights and responsibilities; visitation limitations
Status: in_force

8-113. Removal from home; expedited hearings; probationary period; rights and responsibilities; visitation limitations

A. A child who has been placed in a certified adoptive home by any agency or the division shall not be removed from the home except on order of the juvenile court. The agency or the division may request a hearing for removal before the juvenile court, and in those cases, a hearing shall be held not less than ten days after notice has been given to the certified prospective adoptive parent or parents.

B. This section does not prohibit prospective adoptive parents from voluntarily returning any child to the placing agency or the division or does not prevent the removal of a child pursuant to section 8-456 or 8-821.

C. Pending the final adoption hearing, the child is subject to further investigation by the division, an officer of the court or an agency that is required to do the social study pursuant to section 8-105.

D. The court shall hold the hearing on the petition:

1. Within sixty days if the child has resided in the home of the prospective adoptive parent or parents for at least one year immediately preceding the filing of the petition for adoption. If the prospective adoptive parent is the stepparent of the child, this requirement applies only if the stepparent has been married to the birth or legal parent of the child for at least one year.

2. Within ninety days if the child is under three years of age or has resided in the home of the prospective adoptive parent or parents for at least six months preceding the filing of the petition for adoption.  If the prospective adoptive parent is the stepparent of the child, this requirement applies only if the stepparent has been married to the birth or legal parent of the child for at least one year.

3. In all other cases, within six months after the filing of the petition for adoption.

E. If subsection D, paragraph 1 or 2 of this section applies, the petitioner shall file a notification of that fact with the petition to adopt.

F. The court shall postpone a hearing scheduled to be held pursuant to subsection D of this section if the court has not received the results of the criminal records check at least forty-eight hours before the final hearing. The court shall reschedule the hearing within twenty-one days after receiving the results.

G. The court or the petitioner may postpone the final hearing up to sixty days in order to give notice to any interested party or for other good cause.

H. The court shall hold an expedited hearing on a motion that is supported by a sworn affidavit that the expedited hearing is in the child's best interests and that any of the following is true:

1. The child is suffering from a chronically debilitating, progressive or fatal disease as diagnosed by a licensed physician.

2. A prospective adoptive parent, birth parent or legal parent is terminally ill, as diagnosed by a licensed physician.

3. The child is free for adoption, is at least sixteen years of age, consents to the adoption and has lived with the prospective adoptive parent for at least six months.

4. The court finds other compelling reasons relating to the special needs and welfare of the child to expedite the hearing.

I. During the probationary period or any extension, prospective adoptive parents who have complied with this chapter have the following rights and responsibilities with respect to the child:

1. The right to physical custody of the child unless the child is removed by order of the juvenile court after notice and a hearing.

2. The right to consent to necessary medical procedures for the child.

3. The right to consent to participation in social and athletic activities for the child.

4. The responsibility to provide proper care and support for the child in addition to that already provided by the placing agency or division.

5. The right to refuse visitation between the child and a birth parent if that parent's rights have been terminated pending appeal unless the juvenile court orders visitation.

6. On request, the right to be notified by the agency or the division of and to participate in all meetings in which the division is making decisions relating to the child in the prospective adoptive home.

7. On request, the right to notification from the agency or the division of an appeal of the termination of the birth parent's parental rights.
A.R.S. § 8-1171 — Arizona Code / Title 8 / Chapter 13 / Article 3 / Section 1171
8-1171 Regional and statewide direct and grant program requirements; permitted objectives
Status: in_force

8-1171. Regional and statewide direct and grant program requirements; permitted objectives

(Caution:  1998 Prop. 105 applies)

Programs undertaken by the board and the regional partnership councils, either directly or through the award of grants, shall accomplish one or more of the following objectives:

1. Improving the quality of early childhood development and health programs.

2. Increasing access to quality early childhood development and health programs.

3. Increasing access to preventive health care and health screenings for children through age five.

4. Offering parent and family support and education concerning early child development and literacy.

5. Providing professional development and training for early childhood development and health providers.

6. Increasing coordination of early childhood development and health programs and public information about the importance of early childhood development and health.
A.R.S. § 8-164 — Arizona Code / Title 8 / Chapter 1 / Article 3 / Section 164
8-164 Nonrecurring expenses; limitation
Status: in_force

8-164. Nonrecurring expenses; limitation

A. The amount of nonrecurring adoption expenses paid by the department shall not exceed two thousand dollars for each adoption petition.  Except if good cause exists as determined by the department, the department shall not pay nonrecurring adoption expenses for a child and all siblings or half-siblings who are adopted by the same parent or parents and whose parental rights were terminated within sixty days of each other, unless the child and all the siblings or half-siblings are on the same adoption petition.

B. The department shall not pay for nonrecurring adoption expenses that are submitted more than nine months after the final decree of adoption, except as provided pursuant to section 8-162, subsections C and D.

C. Nonrecurring adoption expenses that are not subject to reimbursement include family counseling received before the final decree of adoption or onetime costs associated with physical remodeling, renovation and alteration of the adoptive parents' home or property.
A.R.S. § 8-203 — Arizona Code / Title 8 / Chapter 2 / Article 1 / Section 203
8-203 Court employees; appointment; certification; qualifications; salary; bond
Status: in_force

8-203. Court employees; appointment; certification; qualifications; salary; bond

A. The presiding judge of the juvenile court shall appoint a director of juvenile court services who shall serve at the pleasure of the presiding juvenile judge.

B. The director of juvenile court services shall recommend the appointment of deputy probation officers, detention personnel, other personnel and office assistants as the director deems necessary. Such deputy probation officers, detention personnel, other personnel and office assistants shall not have authority to act or draw a salary for their services until their appointments have been approved and ordered by the presiding judge of the juvenile court. A juvenile probation officer performing field supervision shall not supervise more than an average of thirty-five juveniles on probation at one time.

C. Probation department personnel shall qualify under minimum standards of experience and education established by the supreme court. Notwithstanding section 12-265, any additional salary costs that might be required as a result of the adoption of minimum salary standards by the supreme court may be paid by funds made available to the probation department pursuant to sections 12-267 and 12-268 or by the supreme court.

D. The presiding judge of the juvenile court may contract with the juvenile court and the board of supervisors in one or more adjoining counties jointly to employ one or more juvenile probation officers who meet the minimum standards, with the salaries and expenses for such personnel divided equally among the counties involved. The presiding judge of the juvenile court may contract with the state department of corrections for the juvenile court to provide parole services in the county.

E. The board of supervisors, on recommendation of the presiding judge of the juvenile court, shall fix the salary ranges of all juvenile probation department personnel. Juvenile probation department personnel shall be hired pursuant to the rules and procedures approved by the supreme court.

F. Each director of juvenile court services and deputy juvenile probation officer receiving an official salary shall furnish a bond in the sum of not less than two thousand dollars which is approved by the judge of the juvenile court and conditioned for the faithful discharge of the duties of his office. If such bonds are furnished by a surety company licensed to transact business in the state, the premiums on such bonds shall be a county charge. In the event the employees are included in a master bond pursuant to county regulations or covered by state risk management, the individual bonds prescribed shall not be required.
A.R.S. § 8-410 — Arizona Code / Title 8 / Chapter 3 / Article 7 / Section 410
8-410 Minimizing victim's contacts
Status: in_force

8-410. Minimizing victim's contacts

Before, during and immediately after any court proceeding, the court shall provide appropriate safeguards to minimize the contact that occurs between the victim, the victim's immediate family and the victim's witnesses and the accused, the accused's immediate family and defense witnesses.
A.R.S. § 8-244 — Arizona Code / Title 8 / Chapter 2 / Article 4 / Section 244
8-244 Removal of child from state
Status: in_force

8-244. Removal of child from state

The juvenile court may permit the person to whom a child's or ward's care is temporarily awarded to remove a dependent child or ward of the court from this state, on recognizance, with or without sureties, that satisfies the court, obligating the person to produce the child or ward when required by the court.
A.R.S. § 8-344 — Arizona Code / Title 8 / Chapter 3 / Article 3 / Section 344
8-344 Restitution payments
Status: in_force

8-344. Restitution payments

A. If a juvenile is adjudicated delinquent, the court, after considering the nature of the offense and the age, physical and mental condition and earning capacity of the juvenile, shall order the juvenile to make full or partial restitution to the victim of the offense for which the juvenile was adjudicated delinquent or to the estate of the victim if the victim has died.  The juvenile shall make restitution payments to the clerk of the court for disbursement to the victim or estate of the victim.

B. The court shall notify the victim or estate of the victim of the dispositional hearing.  The court may consider a verified statement from the victim or estate of the victim concerning damages for lost wages, reasonable damages for injury to or loss of property and actual expenses of medical treatment for personal injury, excluding pain and suffering.

C. In ordering restitution pursuant to subsection A of this section, the court may order one or both of the juvenile's custodial parents to make restitution to the victim of the offense for which the juvenile was adjudicated delinquent or to the estate of the victim if the victim has died. The court shall determine the amount of restitution ordered pursuant to this subsection, except that the amount shall not exceed the liability limit established pursuant to section 12-661. The court may order a parent or juvenile who is ordered to pay restitution to satisfy the order in a lump sum or installment payments to the clerk of the court for disbursement to the victim or estate of the victim.  If the court orders the juvenile's parents to make restitution pursuant to this subsection, the court shall order the juvenile to make either full or partial restitution, regardless of the juvenile's insufficient earning capacity. The court shall not consider the ability of the juvenile's parents to pay restitution before making a restitution order.

D. The juvenile court shall retain jurisdiction of the case after the juvenile attains eighteen years of age for the purpose of modifying the manner in which court ordered payments are to be made. After a juvenile attains eighteen years of age or if the court retains jurisdiction over the juvenile pursuant to section 8-202, subsection H on termination of the juvenile's probation, the juvenile court shall enter a juvenile restitution order in favor of each person entitled to restitution for the unpaid balance of any restitution ordered pursuant to this section.

E. The clerk of the court shall send a copy of the juvenile restitution order to each person who is entitled to restitution.

F. A juvenile restitution order may be recorded and enforced as any civil judgment, except that a juvenile restitution order does not require renewal pursuant to section 12-1611 or 12-1612. A juvenile restitution order does not expire until paid in full. Enforcement of a juvenile restitution order by any person who is entitled to restitution or by the state includes the collection of interest, which accrues at a rate of ten percent per annum.

G. A juvenile restitution order is a criminal penalty for the purposes of a federal bankruptcy involving the juvenile.
A.R.S. § 8-421 — Arizona Code / Title 8 / Chapter 3 / Article 7 / Section 421
8-421 Statement of rights
Status: in_force

8-421. Statement of rights

In order to assure that any victim who comes before the juvenile court has been advised of the victim's constitutional rights, the following statement shall be prominently posted in each juvenile court in this state and shall be read out loud by a judge of the juvenile court at the time each victim first appears in that court:

If you are the victim of a delinquent act with a case pending before this court, you are advised that you have rights to justice and due process under Arizona law that, among others, include the right to be treated with fairness, respect and dignity, to a speedy disposition and a prompt and final conclusion of the case, to be present at court proceedings, to choose whether or not to be interviewed by the juvenile's attorney, to be heard before the court makes a decision on release, negotiation of a plea, scheduling and disposition and to seek restitution from a person who is adjudicated as causing your loss.  If you have not already been provided with a written statement of all victims' rights, please contact the victim services division of the prosecutor's office.
A.R.S. § 8-802 — Arizona Code / Title 8 / Chapter 4 / Article 8 / Section 802
8-802 Child safety worker; fingerprint clearance cards; interview requirements; temporary custody limit; cooperation and coordination; alteration of files; violation; classification
Status: in_force

8-802. Child safety worker; fingerprint clearance cards; interview requirements; temporary custody limit; cooperation and coordination; alteration of files; violation; classification

A. The department shall employ child safety workers.  All persons who are employed as child safety workers shall have a valid fingerprint clearance card that is issued pursuant to section 41-1758.07 or shall apply for a fingerprint clearance card within seven working days after employment. A child safety worker shall certify on forms that are provided by the department and that are notarized whether the worker is awaiting trial on or has ever been convicted of any of the criminal offenses listed in section 41-1758.07, subsections B and C in this state or similar offenses in another state or jurisdiction.

B. A worker shall not interview a child without the prior written consent of the parent, guardian or custodian of the child unless either:

1. The child initiates contact with the worker.

2. The child who is interviewed is the subject of or is the sibling of or living with the child who is the subject of an abuse or abandonment investigation pursuant to section 8-456.

3. The interview is conducted pursuant to the terms of the protocols established pursuant to section 8-817.

C. A child shall not remain in temporary custody for a period exceeding seventy-two hours, excluding Saturdays, Sundays and holidays, unless a dependency petition is filed.

D. All child safety workers shall be trained and demonstrate competency in:

1. The duty to protect the legal rights of children and families from the time of the initial contact through treatment. The training shall include knowledge of a child's rights as a victim of crime.

2. The legal rights of parents.

3. Impact and intervention practices related to adverse childhood experiences, culturally and linguistically appropriate service delivery, domestic violence, family engagement, communication with special populations and trauma informed responses.

E. All child safety workers shall cooperate and coordinate with the office of child welfare investigations to carry out the purposes of section 8-471.

F. All child safety workers and child welfare investigations workers shall cooperate and coordinate with the inspections bureau to carry out the purposes of section 8-458.

G. All child welfare investigations workers and inspections bureau workers shall cooperate and coordinate with the rest of the department to achieve the purposes of this title.

H. A person who alters a client file for the purpose of fraud or misrepresentation is guilty of a class 2 misdemeanor.
A.R.S. § 8-502 — Arizona Code / Title 8 / Chapter 4 / Article 4 / Section 502
8-502 Foster parent and child welfare agency information; confidentiality; permissible disclosure; use; violation; classification; definitions
Status: in_force

8-502. Foster parent and child welfare agency information; confidentiality; permissible disclosure; use; violation; classification; definitions

A. Unless otherwise provided by law and except as provided in subsection E, F or G of this section, all personal information concerning a foster parent applicant or licensee or an individual who applies for or receives a child welfare agency license is confidential and may not be released, unless the release is ordered by the superior court or provided for by court rule.  DCS information is confidential and may be released only as prescribed in section 8-807.

B. Foster parent information is confidential, except the department may release the information prescribed in subsection C of this section if the foster parent's license has been revoked or all of the following apply:

1. No foster children are residing in the home.

2. The department has begun a licensing denial, suspension or revocation action.

3. The foster parent's identity has been made public by sources outside the department.

C. If requested, the department may release the following foster care parent information if permissible under subsection B of this section:

1. The name of the licensee.

2. The dates of current and past licensure.

3. Any training in which the licensee participated.

4. The number, ages and gender of children for which the foster care provider is licensed.

5. Any complaints that do not involve a child safety or an office of child welfare investigations investigation.

6. Any restrictions on the license of the licensee.

D. Child welfare agency information is not confidential, except for both of the following:

1. Any DCS information in the licensing files of the department.

2. The address of any facility where a foster child is placed, even if the address is also the corporate address of the child welfare agency.

E. An employee of the department of child safety, the department of law or a court may obtain the information described in subsection A, B, C or D of this section in the performance of the employee's duties.

F. An employee of the department of child safety, the department of law or a court may release information that is otherwise confidential under this section under any of the following circumstances:

1. To an applicant or licensee if a request is made in writing specifically requesting information that directly relates to the person who requests the information.

2. In oral or written communications involving the provision of services or the referral to services between employees of, persons under contract with or persons holding a general employment relationship with the department of child safety, the department of law or the juvenile court.

3. If the disclosure is necessary to protect against a clear and substantial risk of imminent serious injury to a client of the department of child safety.

4. To an agency of the federal government, this state or another state or any political subdivision of this state for official purposes.  Information received by a governmental agency pursuant to this paragraph shall be maintained as confidential unless the information is pertinent to a criminal prosecution.

5. To a foster parent or a parent certified to adopt if the information is necessary to assist in the placement with or care of a child by the foster parent or person certified to adopt.

6. To an officer of the superior court, the department or an agency that is required to perform an investigation pursuant to section 8-105, if the information is pertinent to the investigation. Information received pursuant to this paragraph may be disclosed to the court, but shall otherwise be maintained as confidential.

G. Notwithstanding sections 8-519, 8-541 and 8-542, a standing committee of the legislature or a committee appointed by the president of the senate or the speaker of the house of representatives may obtain information described in subsection A, B, C or D of this section on written request to the director.  Information obtained pursuant to this subsection may be used only to conduct investigations related to legislative oversight of the department. Personally identifiable information may not be further disclosed.

H. A person who violates this section is guilty of a class 2 misdemeanor.

I. For the purposes of this section:

1. "Child welfare agency information" means all information in the licensing file of the department, including all information on corporate or other entity applicants or licensees and any licensing investigations.  Child welfare agency information does not include personal information about individuals who apply for licensure to or are licensed by the department as a child welfare agency.

2. "DCS information" has the same meaning prescribed in section 8-807.

3. "Foster parent information" means all information in the licensing file of the department that is not confidential under any other law.  Foster parent information does not include personal information, information that is confidential under another statute or information of a similar nature.

4. "Personal information" means information about an individual that is disclosed by the individual or by a third party on behalf of the individual to obtain or maintain a license. Personal information includes all of the following:

(a) The individual's identity, social security number, address and personal history.

(b) Financial, health or medical information about the individual.

(c) References for the individual.
A.R.S. § 8-353 — Arizona Code / Title 8 / Chapter 3 / Article 4 / Section 353
8-353 Juvenile intensive probation teams; duties; caseload limit
Status: in_force

8-353. Juvenile intensive probation teams; duties; caseload limit

A. The director of juvenile court services in each county, with approval of the presiding juvenile court judge of the superior court, shall appoint juvenile intensive probation teams that may consist of the following:

1. One juvenile probation officer.

2. Two juvenile probation officers.

3. One juvenile probation officer and one surveillance officer.

4. One juvenile probation officer and two surveillance officers.

B. A one person juvenile intensive probation team shall supervise not more than fifteen juveniles at one time. A two person juvenile intensive probation team shall supervise not more than twenty-five juveniles at one time. A three person juvenile intensive probation team shall supervise not more than forty juveniles at one time.

C. The juvenile intensive probation team shall do all of the following:

1. Secure and keep a complete identification record of each juvenile supervised by the team and a written statement of the conditions of the probation.

2. Exercise close supervision and observation over juveniles who are ordered to participate in the intensive probation program including both of the following:

(a) Visual contact with each juvenile at least four times per week or as otherwise deemed appropriate.

(b) Routine contact or verification with the juvenile's school, employer, community restitution agency or treatment program as deemed appropriate.

3. Obtain and maintain information concerning the conduct of the juvenile participating in the intensive probation program.

4. Monitor the payment of restitution and monetary obligations imposed by the court.

5. Perform any other responsibilities required by the terms and conditions imposed by the court.

D. The juvenile intensive probation team may supervise additional juveniles on probation if the director of juvenile court services determines that the juveniles require additional supervision or pose a greater than normal risk to the community and the intensive probation team's total caseload does not exceed the limits prescribed in subsections A and B of this section.
A.R.S. § 8-514.06 — Arizona Code / Title 8 / Chapter 4 / Article 4 / Section 514.06
8-514.06 Out-of-home placement; documents; definition
Status: in_force

8-514.06. Out-of-home placement; documents; definition

A. If a child who is in the custody of the department and who is at least sixteen years of age is placed in out-of-home placement, the out-of-home placement provider:

1. Within sixty days after placement, shall obtain and provide the child access to the documents if the out-of-home placement provider is a child welfare agency.

2. May obtain and provide the child access to the documents if the out-of-home placement provider is a licensed foster home or a kinship foster home.

B. If an out-of-home placement provider requests a document pursuant to subsection A of this section and the department of child safety verifies the current placement, the department of health services or the department of transportation, as applicable, shall provide the out-of-home placement provider with the requested document that the relevant department maintains.

C. The department of health services shall waive any fees charged by an agency to provide a document prescribed by subsection A of this section.

D. The department of child safety shall provide a foster parent or kinship foster parent with the social security number of a child in the foster parent's or kinship foster parent's care for a lawful purpose within ninety days after the foster parent's or kinship foster parent's request.

E. The department of child safety shall provide a child who is in its custody and who is at least fourteen years of age with the child's social security card within one hundred twenty days after receipt of a written request from the child.

F. The department shall request a birth certificate for a child who is in the custody of the department and who is placed in out-of-home placement within thirty days after the child's placement, unless the child is returned to custody of the child's parent within that thirty-day period.

G. For the purposes of this section, "documents" means all of the following:

1. The child's birth certificate.

2. The child's nonoperating identification license.

3. The child's immunization records.
A.R.S. § 8-538 — Arizona Code / Title 8 / Chapter 4 / Article 5 / Section 538
8-538 Court order; form; contents
Status: in_force

8-538. Court order; form; contents

A. Every order of the court terminating the parent-child relationship or transferring legal custody or guardianship of the person of the child or providing for protective supervision of the child shall be in writing and shall recite the findings on which the order is based, including findings pertaining to placement of the child and the court's jurisdiction.  The order is conclusive and binding on all persons from the date of entry.

B. If the court finds grounds for the termination of the parent-child relationship it shall terminate the relationship and take one of the following courses of action:

1. Appoint an individual as guardian of the child.

2. Appoint an individual as the child's guardian and vest legal custody in another individual or in an authorized agency.

C. If the court finds that placement with a grandparent or another member of the child's extended family including a person who has a significant relationship with the child is not in the child's best interests, the court shall make specific written findings in support of its decision.

D. The court shall also make an order fixing responsibility for the child's support. The parent-child relationship may be terminated with respect to one parent without affecting the relationship between the child and the other parent.

E.  If the court does not order termination of the parent-child relationship, it shall dismiss the petition, provided that if the court finds that the best interests of the child require substitution or supplementation of parental care and supervision, the court shall make such orders as it deems necessary.
A.R.S. § 8-1174 — Arizona Code / Title 8 / Chapter 13 / Article 3 / Section 1174
8-1174 Program and grantee accountability
Status: in_force

8-1174. Program and grantee accountability

(Caution:  1998 Prop. 105 applies)

A. Within 45 days of the end of the program funding or grant period, all regional partnership councils conducting programs directly and all grant recipients must provide the following information in a form prescribed by the board:

1. A description of the use of funds.

2. The number of children and families served by the program.

3. The percentage of children and families served by the program whose family incomes are no more than 100 percent of the federal poverty guidelines as defined by section 46-801(9).

4. A detailed accounting of funds.

5. An assessment of the success of the program in meeting the identified objectives and obtaining outcomes for children using the measures described in the program or grant application pursuant to section 8-1172.

B. Regional grant recipients shall provide the required information to the regional partnership council in their region; the regional partnership council shall forward that information to the board.  State grant recipients and regional partnership councils conducting programs directly shall provide the required information directly to the board.

C. The board may, at its discretion, request additional information from regional partnership councils or grant recipients about the funded programs.  In addition, all regional partnership council program records and grantee records, including financial records, are subject to review by the board at its discretion at any time during the period that funding is provided and for five years after the funding or grant period has ended.

D. Regional partnership council programs and grant recipients are subject to an independent audit at the discretion of the board at any time during the period funding is provided and for five years after the funding or grant period has ended.
A.R.S. § 8-526 — Arizona Code / Title 8 / Chapter 4 / Article 4 / Section 526
8-526 Child welfare; reporting requirements; definition
Status: in_force

8-526. Child welfare; reporting requirements; definition

A. The department shall make available program and outcomes data on its website as provided in this section, in a format that can be downloaded and that is conducive to analysis.

B. The department shall make available the following information on a semiannual basis by September 30 for the period ending the prior June 30 and by March 31 for the period ending the prior December 31:

1. Success in meeting training requirements.

2. Caseloads for child safety workers.

3. The number of new reports and reports that have been closed.

4. The number of case-carrying caseworkers in each region.

5. The number of investigations by region.

6. The number of children being served in-home and the number of children being served out-of-home by each region.

7. The total number of reports received, by major category and by priority.

8. The number of reports not responded to, by priority, by county and statewide.

9. The number of reports assigned for investigation by priority and by major category, by county and statewide for the current and previous reporting periods.

10. The number of reports for investigations completed by priority and by major category, by county and statewide for the current and previous reporting periods and as categorized by investigations that resulted in:

(a) A substantiated report.

(b) A report currently proposed for substantiation.

(c) An unsubstantiated report.

11. The number of reports assigned for investigation that remain open for investigation by priority and by major category, by county and statewide for the current and previous reporting periods.

12. Of the number of children reported to the department, the percentage of children placed in out-of-home care by county and statewide.

13. The number of newborn infants delivered to safe haven providers pursuant to section 13-3623.01.

14. The number of children entering out-of-home care by county during the reporting period, and the number and percentage of the children entering out-of-home care by county during the reporting period who are voluntary placements for children under eighteen years of age.

15. The number and percentage of children removed during the reporting period, by county and statewide, who had been in out-of-home care:

(a) Within the previous twelve months.

(b) Within the previous twenty-four months, excluding the children included in subdivision (a) of this paragraph.

16. The number and percentage of children who have remained in a shelter or receiving home for more than twenty-one consecutive days, by the child's age group.

17. The total number of licensed foster homes, the number of licensed foster homes considered kinship homes, the number of licensed community foster homes and the number of available spaces in licensed community foster homes.

18. The minimum number of licensed foster homes that are required statewide, by category and by designated region, and what percentage of the minimum number of licensed foster homes is represented by the current number of licensed foster homes pursuant to section 8-509.02.

19. The number of licensed foster homes that receive the required visitation by licensing agency representatives pursuant to section 8-516.

20. The number of children placed in the care, custody and control of the department at the end of the reporting period and the number of these children who receive the required visitation by case managers pursuant to section 8-516.

21. The number and percentage of children who are in the care, custody and control of the department at the end of the reporting period and who are in out-of-home placement and as categorized by:

(a) Age.

(b) Ethnicity.

(c) Case plan goal.

(d) Type of out-of-home placement, categorized by age.

(e) Length of time in out-of-home placement of less than thirty days, thirty-one days to twelve consecutive months, twelve to twenty-four consecutive months and more than twenty-four consecutive months, including the median, average and range of the number of out-of-home placements.

(f) Primary legal status including voluntary placement for a child under eighteen years of age, temporary custody, adjudicated dependent, free for adoption, voluntary placement for a child over eighteen years of age, dually adjudicated or any other legal status.

22. The number and percentage of children who are in the care, custody and control of the department at the end of the reporting period and who are in a congregate care placement, categorized by:

(a) Age.

(b) Ethnicity.

(c) Sex.

(d) Type of congregate care placement.

(e) Reason for congregate care placement.

(f) Length of time in congregate care placement of less than thirty days, thirty-one days to twelve consecutive months, twelve to twenty-four consecutive months and more than twenty-four consecutive months, including the median, average and range of the number of congregate care placement.

(g) Whether the child has a congregate care placement plan pursuant to section 8-509.02.

(h) Children who had two or more congregate care placements while in the care, custody and control of the department.

23. If the case plan is to return the child to the parent, the percentage of parents who receive the required contact by case managers.

24. The number and percentage of children who left the custody of the department during the reporting period by reason for leaving care and as categorized by:

(a) Age.

(b) Ethnicity.

(c) Number of placements.

(d) Average length of time in care.

25. The number of children with a petition for termination of parental rights granted and not granted during the reporting period by county and statewide.

26. The number and percentage of children with a case plan goal of adoption and who are not placed in an adoptive home at the end of the reporting period and as categorized by:

(a) Age.

(b) Ethnicity.

(c) Average length of time in care.

(d) Legal status.

27. The number and percentage of children with a case plan goal of adoption and who are placed in an adoptive home at the end of the reporting period and as categorized by:

(a) Age.

(b) Ethnicity.

(c) Average length of time in out-of-home placement.

(d) Length of time from change of case plan goal to adoptive placement.

(e) Legal status.

(f) Marital status and relationship of the adoptive parent or parents to the child.

28. The number of children whose adoptive placement was disrupted during the reporting period and as categorized by:

(a) Age.

(b) Ethnicity.

(c) Cause of the disruption.

(d) Marital status and relationship of the adoptive parent or parents to the child.

29. The number of children whose adoptions were finalized during the reporting period and as categorized by:

(a) Average length of time in out-of-home placement before adoptive placement.

(b) Average length of time in adoptive placement before the final order of adoption.

(c) Marital status and relationship of the adoptive parent or parents to the child.

30. The number of children who died while in the custody of the department by the county where the death occurred and as categorized by:

(a) The cause of death.

(b) The type of out-of-home placement at the time of death.

31. The number of children with an open or active child safety services case who died due to abuse, categorized by the person or persons who had care or custody of the child at the time of the child's death as follows:

(a) Biological parent or parents.

(b) Other family member.

(c) Adoptive parent or parents.

(d) Foster care parent or parents.

(e) Other out-of-home care provider.

32. The number of children with an open or active child safety services case who died due to abuse allegedly caused by an adult household member who is not listed pursuant to paragraph 29 of this subsection.

33. The ratio of supervisors to specialists by region.

34. The source and use of federal monies in the department.

35. The source and use of state monies in the department.

36. Information regarding the educational placement of foster children pursuant to section 8-530.04, including:

(a) The number of best interest educational placement determinations conducted.

(b) The number of children who entered foster care and who did not receive a best interest educational placement determination.

(c) The final outcome of each best interest educational placement determination.

37. The number of children who were approved for placement in a behavioral health facility or program and who were denied or refused placement by the behavioral health facility or program.

C. Based on the data presented in each reporting period, the department, in as brief a format as possible, shall describe three to five major challenges the department faces in achieving the goal of safe, permanent homes for abused and neglected children.

D. Within three months after the end of each reporting period the department shall submit a written report in as brief a format as possible to the governor, the president of the senate, the speaker of the house of representatives, the chairperson of the house human services committee, the chairperson of the senate family services committee, or their successor committees, and the cochairpersons of the joint legislative committee on children and family services.  The department shall submit a copy of the report to the secretary of state.

E. The department shall make available the following information on an annual basis:

1. The percentage of substantiations upheld by the office of administrative hearings.

2. The demographics and number of children placed with relative caregivers.

3. The demographics of kinship foster caregivers.

4. The number of relative children per kinship foster care family.

5. The department's success at maintaining kinship foster care placements.

6. The type and cost of services provided to kinship foster care families by licensed and unlicensed caregivers.

7. The cost of services provided to kinship foster caregivers compared to the cost of out-of-home placements.

8. The number of children and families, by district, receiving services through the housing assistance program during the previous fiscal year.

9. The total amount of money spent on the housing assistance program by region.

10. A programmatic and fiscal evaluation of the effectiveness of the housing assistance program that includes the amount of foster care expenditures avoided.

11. The number of children in the independent living program by age, county and education status.

12. Beginning with the 2022 data period, the statewide number of children in substantiated reports for investigation that are received in the twelve months before the current annual reporting period and that allege neglect as defined in section 8-201, paragraph 25, subdivision (c) and the number of children in these reports who were:

(a) Removed within thirty days after the date the report is received.

(b) Removed within six months after the date the report is received.

F. The department shall make available the following information on a monthly basis:

1. Operations and workforce data measures that include:

(a) Staff vacancy levels by position category and turnover.

(b) New hires, separations, turnover and voluntary attrition delineated by field position, safety specialists, hotline staff, caseworkers in training, program, program supervisors, case aides, office of child welfare investigations staff and administrative staff.

(c) Hotline performance.

(d) Reports received by maltreatment type, priority and response time.

(e) Inactive cases by disposition.

(f) Open reports.

(g) Entries and exits from the foster care population by exit type.

(h) Support service provision.

(i) Demographics, placement types and case plan goals of the foster care population.

(j) The number and type of licensed foster homes that leave the foster care system and the reason for the exit.

2. Financial data that compares total expenditures each month and year-to-date as compared to prior year totals, appropriation totals and projected expenditure totals, delineated by appropriation and appropriated fund source.

G. The department shall make the information required pursuant to subsection F of this section available within sixty days after the end of the applicable reporting period.

H. The department shall notify the president of the senate, the speaker of the house of representatives, the director of the joint legislative budget committee and the director of the governor's office of strategic planning and budgeting when an update is made on information that must be made available pursuant to subsection B or F of this section.

I. For the purposes of this section, "congregate care":

1. Means a child welfare agency that is licensed by the department to provide twenty-four hour care for more than one child who is in the care, custody and control of the department.

2. Does not include a licensed foster home or kinship care placement.
A.R.S. § 8-350.02 — Arizona Code / Title 8 / Chapter 3 / Article 3 / Section 350.02
8-350.02 Civil actions by victim or other persons
Status: in_force

8-350.02. Civil actions by victim or other persons

A juvenile who is adjudicated in a delinquency proceeding is precluded from subsequently denying in any civil proceeding brought by the victim or this state against the adjudicated delinquent the essential allegations of the delinquent act of which the juvenile was adjudicated delinquent, including adjudications resulting from no contest pleas. An order of restitution in favor of a person does not preclude that person from bringing a separate civil action and proving in that action damages in excess of the amount of the restitution order that is actually paid.
A.R.S. § 8-348 — Arizona Code / Title 8 / Chapter 3 / Article 3 / Section 348
8-348 Setting aside adjudication; application; release from disabilities; exceptions
Status: in_force

8-348. Setting aside adjudication; application; release from disabilities; exceptions

A. Except as provided in subsection I of this section, a person who is at least eighteen years of age, who has been adjudicated delinquent or incorrigible and who has fulfilled the conditions of probation or who is discharged from the department of juvenile corrections pursuant to section 41-2820 on successful completion of the individual treatment plan may apply to the juvenile court to set aside the adjudication. The court shall inform the person of this right in writing at the time of the disposition of the case.

B. The person or the person's attorney, probation officer or parole officer may apply to set aside the adjudication. The clerk of the court may not charge a filing fee for an application to set aside an adjudication.  The clerk shall transmit a copy of the application to the county attorney in the county where the referral was made.

C. The court may consider the following factors when determining whether to set aside an adjudication:

1. The nature and circumstances of the offense on which the adjudication is based.

2. Whether the person has been convicted of a felony offense.

3. Whether the person has any pending criminal charges.

4. The victim's input.

5. Any other factor that is relevant to the application.

D. Except as provided in subsection F of this section, if the court grants the application, the court shall set aside the adjudication, dismiss the petition and order that the person be released from all penalties and disabilities resulting from the adjudication except those imposed by the department of transportation pursuant to section 28-3304, 28-3306, 28-3307, 28-3308 or 28-3319.

E. On a showing of good cause, the court may modify any monetary obligation that is imposed by the court except for victim restitution.

F. If the court grants an application, any remaining unpaid victim restitution continues to be owed and is subject to the remedies included in sections 8-344 and 8-345 until the victim restitution is paid.

G. If the court denies an application, the court shall state its reasons for the denial in writing.

H. If a victim has made a request for postadjudication notice, the victim has the right to be present and heard at any hearing on the application. The state shall provide the victim with notice of the application and of the rights provided to the victim in this section.

I. This section does not apply to a person who was adjudicated delinquent for any of the following:

1. A dangerous offense as defined in section 13-105.

2. An offense for which there has been a finding of sexual motivation pursuant to section 13-118.

3. An offense in violation of title 13, chapter 14.

4. An offense in violation of section 28-1381, 28-1382 or 28-1383 if the offense can be alleged as a prior violation pursuant to title 28, chapter 4.

5. An offense for which the person has not paid in full the victim restitution ordered by the court.
A.R.S. § 8-530.07 — Arizona Code / Title 8 / Chapter 4 / Article 4 / Section 530.07
8-530.07 Leaving care of the department; safe and stable housing; report; definition
Status: in_force

8-530.07. Leaving care of the department; safe and stable housing; report; definition

A. On or before December 31, 2025, the department shall develop and implement policies and procedures to ensure that every young adult who leaves the care of the department and who has not achieved permanency through reunification, adoption or guardianship has access to safe and secure housing.  The policies and procedures must specify the actions the department will take to ensure safe and secure housing for a young adult who leaves the care of the department and who has not achieved permanency through reunification, adoption or guardianship.

B. On or before December 31, 2025, the department shall submit a report that outlines the adopted policies and procedures to the governor, the president of the senate and the speaker of the house of representatives and shall provide a copy of this report to the secretary of state.

C. For the purposes of this section, "young adult" means a person who is under twenty-one years of age and who is exiting or who has exited the custody of the department at eighteen years of age.
A.R.S. § 8-468 — Arizona Code / Title 8 / Chapter 4 / Article 1 / Section 468
8-468 Federal benefits; dependent children; application; prohibition; accounting; notice; annual review
Status: in_force

8-468. Federal benefits; dependent children; application; prohibition; accounting; notice; annual review

A. For all children in the care of the department of child safety, the department of child safety shall determine whether each child is receiving or eligible for benefits administered by the social security administration or the veterans administration within sixty days after the child enters the department's care.  If the department of child safety determines that a child is eligible or may be eligible for federal benefits, the department of child safety shall apply for the benefits on behalf of the child.

B. If a child is already receiving benefits before entering the department's care or if the department applies for benefits on behalf of the child, the department shall identify, in consultation with the child and the child's attorney, a representative payee in accordance with 20 Code of Federal Regulations sections 404.2021 and 416.621 and shall apply to become the representative payee only if no other suitable candidate is available. If the department of child safety is appointed to serve as the representative payee, the department:

1. May not use the child's federal benefits, other benefits, savings or assets to pay for or to reimburse the department of child safety or this state for any of the costs of the child's care.

2. May use the child's federal benefits for the child's unmet needs beyond what the department of child safety is obligated, required or agrees to pay.

3. Shall establish an appropriate account to use and conserve the child's benefits in the child's best interest for current unmet needs and future needs in a manner consistent with federal and state asset and resource limits.  The account may include any of the following:

(a) A special needs trust.

(b) A pooled special needs trust.

(c) An achieving a better life experience account established pursuant to section 529a of the internal revenue code.

(d) Any other trust account determined not to interfere with social security or asset limitations for any other benefit program.

4. In addition to the requirements of section 14-9115, shall provide an annual accounting as to the use, application or conservation of the child's federal benefits to the child, the child's attorney and the child's parents or guardians.

5. Shall periodically review if someone other than the department is available to apply to assume the role of representative payee and could better serve in that role in the child's best interests.

C. The department of child safety shall notify the child, the child's parents, unless parental rights have been terminated, the child's guardian, the child's current placement and the child's attorney of any application, decision or appeal related to a child's federal benefits. In providing notice of any denial of benefits, the department shall consult with the child's attorney and appeal the denial if it is in the child's best interests.

D. The department shall annually review cases of children in the department's care to determine whether a child may have become eligible for benefits after the department's initial assessment.

E. Notwithstanding any other law, on termination of the department's responsibility for the child, the department shall release any monies remaining to the child's credit pursuant to the requirements of the funding source or, in the absence of any requirements, shall release the remaining monies to:

1. The child, if the child is at least eighteen years of age or is emancipated.

2. The person who is responsible for the child if the child is a minor and not emancipated.
A.R.S. § 8-811 — Arizona Code / Title 8 / Chapter 4 / Article 8 / Section 811
8-811 Hearing process; definitions
Status: in_force

8-811. Hearing process; definitions

(L24, Ch. 47, sec. 5)

A. The department shall notify a person who is alleged to have abused or neglected a child that the department intends to substantiate the allegation in the central registry pursuant to section 8-804 and of that person's right:

1. To receive a copy of the report containing the allegation.

2. To a hearing before the entry into the central registry.

B. The department shall provide the notice prescribed in subsection A of this section by first class mail or by personal service no more than fourteen days after completion of the investigation.

C. A request for a hearing on the proposed finding must be received by the department within twenty days after the mailing or personal service of the notice by the department.

D. The department shall not disclose any information related to the investigation of the allegation except as provided in sections 8-456, 8-807, 8-807.01 and 13-3620.

E. If a request for a hearing is made pursuant to subsection C of this section, the department shall conduct a review before the hearing.  The department shall provide an opportunity for the accused person to provide written or verbal information to support the position that the department should not substantiate the allegation. If the department determines that there is no probable cause that the accused person engaged in the alleged conduct, the department shall amend the information or finding in the report and shall notify the person and a hearing shall not be held.

F. Notwithstanding section 41-1092.03, the notification prescribed in subsection A of this section shall also state that if the department does not amend the information or finding in the report as prescribed in subsection E of this section within sixty days after it receives the request for a hearing the person has a right to a hearing unless:

1. The person is a party in a pending civil, criminal or administrative proceeding in which the allegations of abuse or neglect are at issue.

2. The person is a party in a pending juvenile proceeding in which the allegations of abuse or neglect are at issue.

3. A court or administrative law judge has made findings as to the alleged abuse or neglect.

4. A court has found that a child is dependent or has terminated a parent's rights based on an allegation of abuse or neglect.

G. If the court or administrative law judge in a pending proceeding described in subsection F, paragraph 1 or 2 of this section does not make a finding of abuse or neglect and the matter is no longer pending in that forum, the person has a right to a hearing pursuant to subsection F of this section.

H. If the court or administrative law judge in a proceeding described in subsection F of this section has made a finding of abuse or neglect, the finding shall be entered into the central registry as a substantiated report.

I. If the department does not amend the information or finding in the report as prescribed in subsection E of this section, the department shall notify the office of administrative hearings of the request for a hearing no later than five days after completion of the review. The department shall forward all records, reports and other relevant information with the request for hearing within ten days. The department shall redact the identity of the reporting source before transmitting the information to the office of administrative hearings.

J. The office of administrative hearings shall hold a hearing pursuant to title 41, chapter 6, article 10, with the following exceptions:

1. A child who is the victim of or a witness to abuse or neglect is not required to testify at the hearing.

2. A child's hearsay statement is admissible if the time, content and circumstances of that statement are sufficiently indicative of its reliability.

3. The identity of the reporting source of the abuse or neglect shall not be disclosed without the permission of the reporting source.

4. The reporting source is not required to testify.

5. A written statement from the reporting source may be admitted if the time, content and circumstances of that statement are sufficiently indicative of its reliability.

6. If the person requesting the hearing fails to appear, the hearing shall be vacated and a substantiated finding of abuse or neglect shall be entered. On good cause shown, the hearing may be rescheduled if the request is made within fifteen calendar days after the date of the notice vacating the hearing for failure to appear.

K. On completion of the presentation of evidence, the administrative law judge shall determine if probable cause exists to sustain the department's finding that the parent, guardian, employee of a child welfare agency where the child was placed that was licensed by and contracted with the department at the time of the abuse or custodian abused the child or the parent, guardian or custodian neglected the child. If the administrative law judge determines that probable cause exists to sustain the department's finding of abuse or neglect, the sustained finding shall be entered into the central registry as a substantiated report. If the administrative law judge determines that probable cause does not exist to sustain the department's finding, the administrative law judge shall order the department to amend the information or finding in the report.

L. When the department is requested to verify pursuant to section 8-807, if the central registry contains a substantiated report about a specific person, the department shall determine if the report was taken after January 1, 1998. If the report was taken after January 1, 1998, the department shall notify the requestor of the substantiated finding. If the report was taken before January 1, 1998, the department shall notify the person of the person's right to request an administrative hearing. The department shall not send this notification if the person was a party in a civil, criminal or administrative proceeding in which the allegations of abuse or neglect were at issue. The provisions of this section shall apply to the person's appeal.

M. The department shall provide the parent, guardian or custodian who is the subject of the investigation and the person who reported the suspected child abuse or neglect if that person is the child's parent, guardian or custodian with a copy of the outcome of the investigation at one of the following times:

1. If the report is unsubstantiated.

2. If probable cause exists that abuse or neglect has occurred but a specific person is not identified as having abused or neglected the child.

3. After the time to request a hearing has lapsed pursuant to subsection C of this section without the department receiving a request for a hearing.

4. After a final administrative decision has been made pursuant to section 41-1092.08.

N. For the purposes of this section:

1. "Amend the finding" means to change the finding from substantiated to unsubstantiated.

2. "Amend the information" means to change information identifying the accused of having abused or neglected a child.
A.R.S. § 8-129 — Arizona Code / Title 8 / Chapter 1 / Article 1 / Section 129
8-129 Health and genetic history; compilation; availability; costs
Status: in_force

8-129. Health and genetic history; compilation; availability; costs

A. Before placing a child for adoption, the division or the agency or the person placing the child, if the child is not placed by the division, shall compile and provide to the prospective adoptive parents detailed written nonidentifying information, including a health and genetic history and all nonidentifying information about the birth parents or members of a birth parent's family set forth in a document that is separate from any document containing identifying information. This subsection does not apply if the birth parents are deceased, their whereabouts are unknown or the information is not otherwise reasonably available.

B. Records containing the information prescribed in subsection A of this section:

1. Shall be retained by the division, agency or person placing the child for ninety-nine years, and if an agency or person ceases to function, the agency or person shall transfer these records to the division, except that an agency ceasing operations may transfer these records to another agency within this state, provided the agency transferring the records gives notice of the transfer to the division.

2. May be supplemented with information supplied by any member of the birth family, any member of the adoptive family, an adult adoptee or the family of an adult adoptee. Supplemental information supplied to the division or the agency or the person who placed the child shall be filed with all other information concerning the adoption.  The division, agency or person placing the child shall notify the adoptee, if the adoptee is at least eighteen years of age, or the adoptive parents, if the adoptee is under eighteen years of age, of the receipt of any supplemental information from a member of the birth family.

3. Shall be available on request throughout the ninety-nine year period, together with any other information described in subsection A of this section which is added, to the following persons only:

(a) The adoptive parents of the child or, if the adoptive parents have died, the child's guardian.

(b) The adoptee if the adoptee is eighteen years of age or more, including a qualified young adult who was previously adopted and who is participating in a program described in section 8-521, 8-521.01 or 8-521.02.

(c) If the adoptee has died, the adoptee's spouse if the spouse is the legal parent of the adoptee's child or the guardian of any child of the adoptee.

(d) If the adoptee has died, any progeny of the adoptee who is eighteen years of age or more.

(e) The birth parent of the adoptee or other biological children of the birth parent.

C. The actual and reasonable cost of providing information pursuant to this section shall be paid by the person requesting the information.
A.R.S. § 8-166 — Arizona Code / Title 8 / Chapter 1 / Article 3 / Section 166
8-166 Appeals
Status: in_force

8-166. Appeals

A person may appeal a department decision denying or reducing an application for reimbursement of nonrecurring expenses pursuant to title 41, chapter 6, article 6 and chapter 14, article 3.
A.R.S. § 8-172 — Arizona Code / Title 8 / Chapter 1 / Article 4 / Section 172
8-172 Interstate compacts; requirements; optional contents
Status: in_force

8-172. Interstate compacts; requirements; optional contents

The department may enter into a compact with other states to provide for the reciprocal enforcement of adoption assistance agreements. A compact entered into pursuant to this section shall contain the following:

1. A provision making it available for joinder by all states.

2. A provision or provisions for withdrawal from the compact on written notice to the parties no sooner than one year from the date of the notice.

3. A requirement that the protections afforded by or pursuant to the compact continue in force for the duration of the adoption assistance and are applicable to all children and their adoptive parents who on the effective date of the state's withdrawal from the compact are receiving adoption assistance from a party state other than the one in which they are residents and have their principal place of abode.

4. A requirement that each instance of adoption assistance to which the compact applies is covered by an adoption assistance agreement in writing between the adoptive parents and the state child welfare agency of the state that provides the adoption assistance and that this agreement is expressly for the benefit of the adopted child and is enforceable by the adoptive parents and the state agency providing the adoption assistance.

5. Other provisions necessary to implement the compact.
A.R.S. § 8-341 — Arizona Code / Title 8 / Chapter 3 / Article 3 / Section 341
8-341 Disposition and commitment; definitions
Status: in_force

8-341. Disposition and commitment; definitions

A. After receiving and considering the evidence on the proper disposition of the case, the court may enter judgment as follows:

1. It may award a delinquent juvenile:

(a) To the care of the juvenile's parents, subject to the supervision of a probation department.

(b) To a probation department, subject to any conditions the court may impose, including a period of incarceration in a juvenile detention center of not more than one year.

(c) To a reputable citizen of good moral character, subject to the supervision of a probation department.

(d) To a private agency or institution, subject to the supervision of a probation officer.

(e) To the department of juvenile corrections.

(f) To maternal or paternal relatives, subject to the supervision of a probation department.

(g) To an appropriate official of a foreign country of which the juvenile is a foreign national who is unaccompanied by a parent or guardian in this state to remain on unsupervised probation for at least one year on the condition that the juvenile cooperate with that official.

2. It may award an incorrigible child:

(a) To the care of the child's parents, subject to the supervision of a probation department.

(b) To the protective supervision of a probation department, subject to any conditions the court may impose.

(c) To a reputable citizen of good moral character, subject to the supervision of a probation department.

(d) To a public or private agency, subject to the supervision of a probation department.

(e) To maternal or paternal relatives, subject to the supervision of a probation department.

B. If a juvenile is placed on probation pursuant to this section, the period of probation may continue until the juvenile's eighteenth birthday or until the juvenile's nineteenth birthday if jurisdiction is retained pursuant to section 8-202, subsection H, except that the term of probation shall not exceed one year if all of the following apply:

1. The juvenile is not charged with a subsequent offense.

2. The juvenile has not been found in violation of a condition of probation.

3. The court has not made a determination that it is in the best interests of the juvenile or the public to require continued supervision.  The court may not use the juvenile's failure to pay fees, costs or fines as a reason to continue supervision. The court shall state by minute entry or written order its reasons for finding that continued supervision is required.

4. The offense for which the juvenile is placed on probation does not involve a dangerous offense as defined in section 13-105.

5. The offense for which the juvenile is placed on probation does not involve a violation of title 13, chapter 14 or 35.1.

6. Restitution ordered pursuant to section 8-344 has been made.

C. If a juvenile is adjudicated as a first time felony juvenile offender, the court shall provide the following written notice to the juvenile:

This is your first felony offense. If you commit another felony offense and you are fourteen years of age or older, any of the following could happen to you:

1. You could be tried as an adult in adult criminal court.

2. You could be committed to the department of juvenile corrections.

3. You could be placed on juvenile intensive probation, which could include incarceration in a juvenile detention center.

D. If a juvenile is fourteen years of age or older and is adjudicated as a repeat felony juvenile offender, unless the court determines based on the severity of the offense and a risk assessment that juvenile intensive probation services are not required, the juvenile court shall place the juvenile on juvenile intensive probation, which may include incarceration in a juvenile detention center, or may commit the juvenile to the department of juvenile corrections pursuant to subsection A, paragraph 1, subdivision (e) of this section.

E. If the juvenile is adjudicated as a repeat felony juvenile offender, the court shall provide the following written notice to the juvenile:

You are now a repeat felony offender.  This means:

1. You will be tried as an adult in adult criminal court if you commit another felony offense and you are fifteen years of age or older.

2. You could be tried as an adult in adult criminal court if you commit another felony offense when you are at least fourteen years of age.

3. You could be incarcerated in the state department of corrections if you are convicted as an adult in adult criminal court.

F. The failure or inability of the court to provide the notices required under subsections C and E of this section does not preclude the use of the prior adjudications for any purpose otherwise allowed.

G. After considering the length of stay guidelines developed pursuant to section 41-2816, subsection C, the court may set forth in the order of commitment the minimum period during which the juvenile shall remain in secure care while in the custody of the department of juvenile corrections. When the court awards a juvenile to the department of juvenile corrections or an institution or agency, it shall transmit with the order of commitment copies of a diagnostic psychological evaluation and educational assessment if one has been administered, copies of the case report, all other psychological and medical reports, restitution orders, any request for postadjudication notice that has been submitted by a victim and any other documents or records pertaining to the case requested by the department of juvenile corrections or an institution or agency. The department shall not release a juvenile from secure care before the juvenile completes the length of stay determined by the court in the commitment order unless the county attorney in the county from which the juvenile was committed requests the committing court to reduce the length of stay.  The department may temporarily escort the juvenile from secure care pursuant to section 41-2804, may release the juvenile from secure care without a further court order after the juvenile completes the length of stay determined by the court or may retain the juvenile in secure care for any period subsequent to the completion of the length of stay in accordance with the law.

H. Written notice of the release of any juvenile pursuant to subsection G of this section shall be made to any victim requesting notice, the juvenile court that committed the juvenile and the county attorney of the county from which the juvenile was committed.

I. Notwithstanding any law to the contrary, if a person is under the supervision of the court as an adjudicated delinquent juvenile at the time the person reaches eighteen years of age, treatment services may be provided until the person reaches twenty-one years of age if the court, the person and the state agree to the provision of the treatment and a motion to transfer the person pursuant to section 8-327 has not been filed or has been withdrawn. The court may terminate the provision of treatment services after the person reaches eighteen years of age if the court determines that any of the following applies:

1. The person is not progressing toward treatment goals.

2. The person terminates treatment.

3. The person commits a new offense after reaching eighteen years of age.

4. Continued treatment is not required or is not in the best interests of the state or the person.

J. On the request of a victim of an act that may have involved significant exposure as defined in section 13-1415 or that if committed by an adult would be a sexual offense, the prosecuting attorney shall petition the adjudicating court to require that the juvenile be tested for the presence of the human immunodeficiency virus. If the victim is a minor the prosecuting attorney shall file this petition at the request of the victim's parent or guardian.  If the act committed against a victim is an act that if committed by an adult would be a sexual offense or the court determines that sufficient evidence exists to indicate that significant exposure occurred, it shall order the department of juvenile corrections or the department of health services to test the juvenile pursuant to section 13-1415. Notwithstanding any law to the contrary, the department of juvenile corrections and the department of health services shall release the test results only to the victim, the delinquent juvenile, the delinquent juvenile's parent or guardian and a minor victim's parent or guardian and shall counsel them regarding the meaning and health implications of the results.

K. If a juvenile has been adjudicated delinquent for an offense that if committed by an adult would be an offense listed in section 41-1750, subsection C, the court shall provide the department of public safety Arizona automated fingerprint identification system established in section 41-2411 with the juvenile's ten-print fingerprints, personal identification data and other pertinent information. If a juvenile has been committed to the department of juvenile corrections the department shall provide the fingerprints and information required by this subsection to the Arizona automated fingerprint identification system. If the juvenile's fingerprints and information have been previously submitted to the Arizona automated fingerprint identification system the information is not required to be resubmitted.

L. Access to fingerprint records submitted pursuant to subsection K of this section shall be limited to the administration of criminal justice as defined in section 41-1750. Dissemination of fingerprint information shall be limited to the name of the juvenile, juvenile case number, date of adjudication and court of adjudication.

M. If a juvenile is adjudicated delinquent for an offense that if committed by an adult would be a misdemeanor, the court may prohibit the juvenile from carrying or possessing a firearm while the juvenile is under the jurisdiction of the department of juvenile corrections or the juvenile court.

N. If a juvenile is adjudicated delinquent for a violation of section 13-1602, subsection A, paragraph 5, the court shall order the juvenile to pay a fine of at least $300 but not more than $1,000. Any restitution ordered shall be paid in accordance with section 13-809, subsection A. The court may order the juvenile to perform community restitution in lieu of the payment for all or part of the fine if it is in the best interests of the juvenile. The court shall credit 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. If the juvenile is convicted of a second or subsequent violation of section 13-1602, subsection A, paragraph 5 and is ordered to perform community restitution, the court may order the parent or guardian of the juvenile to assist the juvenile in the performance of the community restitution if both of the following apply:

1. The parent or guardian had knowledge that the juvenile intended to engage in or was engaging in the conduct that gave rise to the violation.

2. The parent or guardian knowingly provided the juvenile with the means to engage in the conduct that gave rise to the violation.

O. If a juvenile is adjudicated delinquent for an offense involving the purchase, possession or consumption of spirituous liquor or a violation of title 13, chapter 34 and is placed on juvenile probation, the court may order the juvenile to submit to random drug and alcohol testing at least two times per week as a condition of probation.

P. If jurisdiction of the juvenile court is retained pursuant to section 8-202, subsection H, the court shall order continued probation supervision and treatment services until a child who has been adjudicated a delinquent juvenile reaches nineteen years of age or until otherwise terminated by the court. The court may terminate continued probation supervision or treatment services before the child's nineteenth birthday if the court determines that continued probation supervision or treatment is not required or is not in the best interests of the juvenile or the state or the juvenile commits a criminal offense after reaching eighteen years of age.

Q. For the purposes of this section:

1. "First time felony juvenile offender" means a juvenile who is adjudicated delinquent for an offense that would be a felony offense if committed by an adult.

2. "Repeat felony juvenile offender" means a juvenile to whom both of the following apply:

(a) Is adjudicated delinquent for an offense that would be a felony offense if committed by an adult.

(b) Previously has been adjudicated a first time felony juvenile offender.

3. "Sexual offense" means oral sexual contact, sexual contact or sexual intercourse as defined in section 13-1401.
A.R.S. § 8-521.03 — Arizona Code / Title 8 / Chapter 4 / Article 4 / Section 521.03
8-521.03 Extended foster care comprehensive service model; extended foster care success coaching program; quality review committee; reporting requirements; fund; definitions
Status: in_force

8-521.03. Extended foster care comprehensive service model; extended foster care success coaching program; quality review committee; reporting requirements; fund; definitions

A. Within ten days after September 26, 2025, the department shall prepare a scope of work for an extended foster care comprehensive service model that includes supportive services and required case management provided by contracted community providers for young adults who participate in the extended foster care program.  The extended foster care comprehensive service model scope of work shall include:

1. Weekly engagement with each young adult.

2. Life skills training.

3. Mental and physical health and well-being.

4. Relational permanency.

5. Education and enrollment assistance.

6. Assistance with accessing safe housing attainment and stability for young adults.

7. Career and employment planning and readiness.

8. Assistance with accessing transportation services for young adults.

9. Flexible funding to support the unique needs of the young adult, including educational services and job training or workforce development.

B. The extended foster care comprehensive service model shall include an extended foster care success coaching program for young adults in the extended foster care program. Each extended foster care success coach shall have a caseload of not more than twenty young adults. The extended foster care success coaching program shall be based on a practice that is youth driven and shall do the following:

1. Promote permanent connections.

2. Support the development of an educational foundation and skill set that enables young adults to gain and maintain employment to support their financial needs.

3. Assist young adults to reside in safe, stable and secure housing.

4. Link young adults to appropriate services that address physical and behavioral health needs.

5. Build skills for developing personal agency.

6. Ensure that young adults have the cognitive and social-emotional competencies essential to survival.

C. The department shall supervise and monitor the success of the extended foster care success coaching program.

D. Each extended foster care success coach shall:

1. Successfully complete a department-administered foster care success coach training program.

2. Possess a bachelor's or associate's degree or have equivalent credits equal to an associate's degree. In lieu of a degree or credits, an extended foster care success coach may possess skills that the coach acquired through alternative routes such as relevant job training, community college attendance, military service or an apprenticeship.

3. Have experience working with youth or young adults.

4. Exhibit the belief that all young adults have the capacity to be successful in life.

E. The extended foster care success coaching program shall:

1. Operate from an evidence-based framework.

2. Ensure that the young adults served are aware of their rights to normalcy.

3. Assist young adults to advocate with caregivers to experience activities and opportunities that meet individual interests.

4. Support caregivers in identifying root causes of behaviors that present barriers to transition and provide opportunities that assist young adults in healing and addressing underlying trauma.

5. Develop feedback that allows young adults to communicate their needs and satisfaction with provided services.

6. Deliver interventions that are tailored to each young adult's strengths and experiences.

F. The department shall solicit agencies to administer the extended foster care comprehensive service model within thirty days after September 26, 2025 and select an agency within ninety days after September 26, 2025.  The department shall implement the extended foster care comprehensive service model within one hundred fifty days after September 26, 2025.

G. The department shall establish an extended foster care quality review committee within the department consisting of department staff members. The committee shall confirm that a young adult who participates in the extended foster care program meets all of the following:

1. The eligibility criteria.

2. Has connections to supportive adults who are actively involved in the young adult's life.

3. Has a person-centered case and transition plan that supports the young adult's identified goals and future planning.

4. Is acquiring individualized skills to develop the tools that are needed to thrive outside of the extended foster care program.

H. On or before November 1 of each year, the department shall submit to the joint legislative budget committee, the senate health and human services committee, or its successor committee, and the house of representatives health and human services committee, or its successor committee, a report on the extended foster care comprehensive service model.  The report shall include data and statistics on:

1. The support and services to be offered by the extended foster care comprehensive service model.

2. The extended foster care program's eligibility requirements.

3. The young adult's program responsibilities.

4. Case and transition planning opportunities.

5. Health insurance coverage for young adults in the extended foster care program.

6. Educational opportunities for young adults in the extended foster care program.

7. Opportunities for mentors through the extended foster care program.

8. Transportation services for young adults in the extended foster care program, including obtaining a driver license.

9. Housing, including semisupervised living arrangements if those arrangements best meet the young adult's needs.

I. The department shall provide to the joint legislative budget committee a quarterly report that includes all of the following:

1. The number of young adults served in the extended foster care comprehensive service model.

2. The young adult's participation in regular reviews with extended foster care staff.

3. Other performance measures as updated by the extended foster care quality review committee and as determined by the chairperson of the joint legislative budget committee.

J. The extended foster care comprehensive service model fund is established consisting of legislative appropriations. The department shall administer the fund. Monies in the fund are continuously appropriated and are exempt from the provisions of section 35-190 relating to lapsing of appropriations. The department shall use monies in the fund for the purposes prescribed in this section.

K. For the purposes of this section:

1. "Department" means the department of child safety.

2. "Young adult" means a person who is at least seventeen and one-half years of age and under twenty-one years of age and who participates or will participate in the extended foster care program established pursuant to section 8-521.02.
A.R.S. § 8-1183 — Arizona Code / Title 8 / Chapter 13 / Article 4 / Section 1183
8-1183 Prohibition on supplantation of state funds; additional legislative appropriations
Status: in_force

8-1183. Prohibition on supplantation of state funds; additional legislative appropriations

(Caution:  1998 Prop. 105 applies)

Program and grant funds distributed under this chapter and other expenditures by the board pursuant to section 8-1192 shall supplement, not supplant, other state expenditures on, and federal monies received for, early childhood development and health programs.  This section shall not prohibit the legislature from appropriating money to board programs or vesting the board with authority to spend additional, legislatively appropriated funds on early childhood development and health programs.
A.R.S. § 8-521 — Arizona Code / Title 8 / Chapter 4 / Article 4 / Section 521
8-521 Independent living program; conditions; eligibility; rules; progress reports; educational case management unit
Status: in_force

8-521. Independent living program; conditions; eligibility; rules; progress reports; educational case management unit

A. The department or a licensed child welfare agency may establish an independent living program for youths who are the subject of a dependency petition or who are adjudicated dependent and are all of the following:

1. In the custody of the department, a licensed child welfare agency or a tribal child welfare agency.

2. At least seventeen years of age.

3. Employed or full-time students.

B. The independent living program may consist of a residential program of less than twenty-four hours a day supervision for youths under the supervision of the department through a licensed child welfare agency or a foster home under contract with the department. Under the independent living program, the youth is not required to reside at a licensed child welfare agency or foster home.

C. The director or the director's designee shall review and approve any recommendation to the court that a youth in the custody of the department be ordered to an independent living program.

D. For a youth to participate in an independent living program, the court must order such a disposition pursuant to section 8-845.

E. The department of child safety, a licensed child welfare agency or a tribal child welfare agency having custody of the youth shall provide the cost of care as required by section 8-453, subsection A, paragraph 9, subdivision (b), item (iii) for each youth placed in an independent living program pursuant to this section, except that the monthly amount provided shall not be less than $1,200.

F. The department shall adopt rules pursuant to title 41, chapter 6 to carry out this section.

G. The department shall provide quarterly progress reports to the court and to local foster care review boards for each youth participating in the independent living program.

H. The local foster care review boards shall review at least once every six months the case of each youth participating in the independent living program.

I. The department shall establish an educational case management unit within the division consisting of two case managers to develop and coordinate educational case management plans for youths participating in the independent living program and to assist youths in the program to do the following:

1. Graduate from high school.

2. Pass the statewide assessment pursuant to section 15-741.

3. Apply for postsecondary financial assistance.

4. Apply for postsecondary education.
A.R.S. § 8-124 — Arizona Code / Title 8 / Chapter 1 / Article 1 / Section 124
8-124 Subsequent adoptions
Status: in_force

8-124. Subsequent adoptions

The adoption of an adopted person is authorized, and in that case the references to the parents are to adoptive parents.
A.R.S. § 8-530.02 — Arizona Code / Title 8 / Chapter 4 / Article 4 / Section 530.02
8-530.02 Child welfare; joint annual report
Status: in_force

8-530.02. Child welfare; joint annual report

On or before February 1 each year, the Arizona early childhood development and health board and the department shall jointly report to the joint legislative budget committee on their collaborative efforts to address child welfare issues of common concern during the prior year. The report shall include information about the level of coordination among the department, the Arizona early childhood development and health board and community groups to promote the well-being of children and families that are identified in reports of abuse or neglect.
A.R.S. § 8-803 — Arizona Code / Title 8 / Chapter 4 / Article 8 / Section 803
8-803 Limitation of authority; duty to inform
Status: in_force

8-803. Limitation of authority; duty to inform

A. On initial contact with a parent, guardian or custodian or an employee of a child welfare agency where a child is placed that is licensed by and contracted with the department who is under investigation pursuant to this article, a child safety worker shall:

1. Inform the family or employee, both verbally and in writing, making reasonable efforts to receive written acknowledgement from the parent, guardian or custodian, of receipt of all of the following information:

(a) That the family or employee is under investigation by the department.

(b) The specific complaint or allegation made against that person.

(c) That the worker has no legal authority to compel the family or employee to cooperate with the investigation or to receive child safety services offered pursuant to the investigation.

(d) That absent a court order, the family may deny the worker entry into the family's home.

(e) That the family or employee has the right to seek the advice of an attorney and to have an attorney present when questioned by a worker.

(f) That anything the person says or writes may be used in a court proceeding.

(g) That the family or employee may refuse to do any of the following:

(i) Sign a release of information document.

(ii) Consent to take a drug or alcohol test.

(iii) Submit to a mental health evaluation.

(h) The worker's authority to petition the juvenile court for a determination that a child is dependent.

(i) The person's right to file a complaint with the ombudsman-citizens aide pursuant to section 41-1376. The worker shall provide the telephone number and email address of the ombudsman-citizens aide.

(j) The person's right to appeal determinations made by the department.

(k) Information outlining parental rights under the laws of the state, if applicable.

2. Provide information to the family about the investigation and child safety decision-making process, document that this information has been provided and make reasonable efforts to receive written acknowledgement of receipt of this information. If the worker's reasonable efforts to obtain written acknowledgement of receipt of the information are unsuccessful, the worker shall document the reason why efforts to obtain written acknowledgement were unsuccessful.

B. The child safety worker shall also inform the person about whom the report was made about that person's right to respond to the allegations either verbally or in writing, including any documentation, and to have this information considered in determining if the child is in need of child safety services. The worker shall tell the person that anything the person says or writes can be used in a court proceeding.  If the person makes a verbal response, the worker shall include the response in the written report of the investigation. If the person makes a written response, including any documentation, the worker shall include this response and the documentation in the case file. Information provided in response to the allegations shall be considered during the investigation by the worker.  The worker shall maintain the response and documentation in the case file and provide this information to the court before a hearing or trial relating to the dependency petition.

C. If the family declines to cooperate with the investigation or to accept or to participate in the offered services, or if the worker otherwise believes that the child should be adjudicated dependent, the worker may file with the juvenile court a petition requesting that the child in need of child safety services be adjudicated dependent.

D. Refusal to cooperate in the investigation or to participate in the offered services does not constitute grounds for temporary custody of a child except if there is a clear necessity for temporary custody as provided in section 8-821.
A.R.S. § 8-415 — Arizona Code / Title 8 / Chapter 3 / Article 7 / Section 415
8-415 Effect of failure to comply
Status: in_force

8-415. Effect of failure to comply

A. The failure to comply with a victim's constitutional or statutory right is a ground for the victim to request a reexamination proceeding within ten days after the proceeding at which the victim's right was denied or with leave of the court for good cause shown. After the victim requests a reexamination proceeding and after the court gives reasonable notice, the court shall afford the victim a reexamination proceeding to consider the issues raised by the denial of the victim's right. Except as provided in subsection B of this section, the court shall reconsider any decision that arises from a proceeding in which the victim's right was not protected and shall ensure that the victim's rights are thereafter protected.

B. The failure to use reasonable efforts to perform a duty or provide a right is not cause to seek to set aside an adjudication or disposition after trial.  Failure to afford a right under this chapter shall not provide grounds for a new trial. A victim who was given notice of a plea or sentencing proceeding may make a motion to reopen a plea or sentence only if the victim was not voluntarily absent from the proceeding and has asserted the right to be heard before or during the proceeding at issue and the right to be heard was denied and, in the case of a plea, the accused has not pled to the highest offense charged.  This subsection does not affect the victim's right to restitution, which the victim may seek to enforce at any time.

C. Unless the juvenile is discharged from the juvenile's sentence, the failure to use reasonable efforts to provide notice and a right to be present or be heard pursuant to this chapter at a proceeding that involves a postadjudication release is a ground for the victim to seek to set aside the postadjudication release until the victim is afforded the opportunity to be present or be heard.

D. If the victim seeks to have a postadjudication release set aside pursuant to subsection C of this section, the court or department of juvenile corrections shall afford the victim a reexamination proceeding after the parties are given notice.

E. A reexamination proceeding conducted pursuant to this section or any other proceeding that is based on the failure to perform a duty or provide a right shall commence not more than thirty days after the appropriate parties have been given notice that the victim is exercising the right to a reexamination proceeding pursuant to this section or to another proceeding based on the failure to perform a duty or provide a right.
A.R.S. § 8-143 — Arizona Code / Title 8 / Chapter 1 / Article 2 / Section 143
8-143 Eligibility for subsidies; rate
Status: in_force

8-143. Eligibility for subsidies; rate

A. The following persons may apply to the department to have the adoption of a child subsidized:

1. Foster parents who are interested in adopting a child in their home.

2. Permanent guardians who are appointed for a child pursuant to chapter 4, article 12 of this title.

3. Other persons who are interested in adopting a child under public or private agency care, whether the adoption is through a public or private agency.

B. All persons approved for the program as adoptive parents shall meet adoption agency standards except for the financial ability to support the child. A subsidy shall not be denied solely on the grounds that the child is placed for adoption through a private agency.

C. The child who the permanent guardian seeks to adopt shall be eligible for the adoption subsidy at the permanent guardianship subsidy rate established by the department.
A.R.S. § 8-273 — Arizona Code / Title 8 / Chapter 2 / Article 6 / Section 273
8-273 Residential treatment services; definition
Status: in_force

8-273. Residential treatment services; definition

A. If a child exhibits behavior that indicates the child may suffer from a mental disorder or if it is recommended as a result of an outpatient assessment or inpatient assessment pursuant to section 8-272 that a child receive residential treatment services, an entity may file a motion requesting that the juvenile court order a child to receive residential treatment services.  If the motion states that all parties, including counsel for the child, have been contacted and are in agreement, the court is not required to set a hearing on the motion.

B. A motion for residential treatment services shall be supported by a written psychological, psychiatric or medical assessment recommending residential treatment services. The court may waive the written assessment on a finding of good cause. The written assessment shall include at least the following:

1. The reason why residential treatment services are in the child's best interests.

2. The reason why residential treatment services are the least restrictive treatment available.

3. The reason why the child's behavioral, psychological, social or mental health needs require residential treatment services.

4. The estimated length of time that the child will require residential treatment services.

C. A motion for residential treatment services shall be supported by a written statement from the medical or clinical director of the residential treatment facility or the director's designee that the facility's services are appropriate to meet the child's needs.

D. As soon as practicable after an entity files a motion under subsection A of this section, the court shall appoint an attorney for the child if an attorney has not been previously appointed.  The court may also appoint a guardian ad litem for the child.

E. The child's attorney shall discuss the treatment recommendations with the child.  The child's attorney or designee shall attend all court hearings related to the child's placement in a residential treatment facility and shall be prepared to report to the court on the child's position regarding any recommendations or requests related to the provision of residential treatment services.  The child may appear at any hearing, unless the court finds by a preponderance of the evidence that allowing the child to attend the hearing would not be in the child's best interests.

F. If the court orders a child to receive residential treatment services, the court shall find by clear and convincing evidence that both:

1. The child requires residential treatment services to address the child's behavioral, psychological, social or mental health needs.

2. Available alternatives to residential treatment services were considered, but that residential treatment services are the least restrictive available alternative.

G. The court shall review the child's continuing need for residential treatment services at least every sixty days from the date of the treatment order.  The residential treatment facility shall submit a progress report to the court at least five days before the review and shall provide copies of its report to all of the parties, including the child's attorney and guardian ad litem.  The progress report shall include the recommendations of the child's treatment facility and shall include at least the following:

1. The nature of the treatment provided, including any medications and the child's current diagnosis.

2. The child's need for continued residential treatment services, including the estimated length of the services.

3. A projected discharge date.

4. The level of care required by the child and the potential placement options that are available to the child on discharge.

5. A statement from the medical or clinical director of the residential treatment services facility or the director's designee as to whether residential treatment services are necessary to meet the child's needs and whether the facility that is providing the residential treatment services to the child is the least restrictive available alternative.

H. On its own motion or on the motion of a party, the court may schedule a hearing concerning the child's continuing need for residential treatment services.  If requested by the child, the court shall schedule a hearing unless the court has held a review hearing within sixty days before the child's request. If requested by the child, the court may hold a hearing at any time for good cause shown.

I. If the child is a dually adjudicated child, the entity that requests an order for residential treatment services shall notify any other entity of all notices, motions, hearings or other proceedings related to the provision of residential treatment services. Any entity may attend and participate in all hearings or other proceedings relating to the provision of residential treatment services to a dually adjudicated child.

J. Information or records that are obtained or created pursuant to any assessment, examination or treatment are subject to the confidentiality requirements of section 36-509, except that information and records may be provided to the department of juvenile corrections pursuant to section 8-341.

K. This section does not apply to a child who is either:

1. Committed to the department of juvenile corrections. Section 41-2815 applies if a child who is committed to the department of juvenile corrections requires residential treatment services.

2. Adjudicated delinquent or incorrigible and who is subject to the jurisdiction of the juvenile court.  Section 8-341.01 applies if a child who is adjudicated delinquent or incorrigible and who is subject to the jurisdiction of the juvenile court requires residential treatment services.

L. For the purposes of this section, "child" means a person who is under eighteen years of age 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:

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

2. In the temporary custody of the department pursuant to section 8-821.
A.R.S. § 8-291.02 — Arizona Code / Title 8 / Chapter 2 / Article 8 / Section 291.02
8-291.02 Expert appointment; costs; immunity
Status: in_force

8-291.02. Expert appointment; costs; immunity

A. If the court determines that grounds exist for a competency examination, the court shall appoint two or more mental health experts.  The mental health experts shall examine the juvenile, issue a report and, if necessary, testify regarding the juvenile's competency.  The court, on its own motion or upon motion of any party, may order that one of the mental health experts appointed shall be a physician specializing in psychiatry and licensed pursuant to title 32, chapter 13 or 17.  The state and the juvenile, upon approval of the court, may stipulate to the appointment of only one expert.

B. The court may order the juvenile to submit to any physical, neurological or psychological examination, if necessary, to adequately determine the juvenile's mental condition.

C. The county shall pay the costs of any examination that is ordered pursuant to subsection B, except that if a municipal court judge refers a case, the political subdivision shall pay the costs of the examination.

D. This section does not prohibit any party from retaining the party's own expert to conduct additional examinations at the party's own expense.

E. A person who is appointed as a mental health expert or a clinical liaison is immune from liability for acts or omissions pursuant to this section, except that the mental health expert or clinical liaison may be liable for intentional, wanton or grossly negligent acts that are done in the performance of the expert's or liaison's duties.
A.R.S. § 8-395 — Arizona Code / Title 8 / Chapter 3 / Article 7 / Section 395
8-395 Notice of postadjudication release; right to be heard; hearing; final decision; free electronic recording
Status: in_force

8-395. Notice of postadjudication release; right to be heard; hearing; final decision; free electronic recording

A. The victim has the right to be present and be heard at any proceeding in which postadjudication release from confinement is being considered and the right to submit a statement to the department of juvenile corrections when a request for discharge on successful completion of the individual treatment plan is considered pursuant to section 41-2820.

B. If the victim has made a request for postadjudication notice, at least fifteen days before the hearing or before the juvenile's discharge is considered pursuant to section 41-2820, the department of juvenile corrections shall give to the victim written notice of the hearing and of the victim's right to be present and be heard at the hearing or to submit a statement to the department regarding the request for discharge.

C. If the victim has made a request for postadjudication notice, the department of juvenile corrections shall give notice to the victim of the decision reached by the department. The department shall mail the notice within fifteen days after the department reaches its decision.

D. Any electronic recordings that are made during a postadjudication release hearing shall be provided, on request, to the victim free of charge.
A.R.S. § 8-816 — Arizona Code / Title 8 / Chapter 4 / Article 8 / Section 816
8-816 Family builders program; services; definitions
Status: in_force

8-816. Family builders program; services; definitions

A. The family builders program is established in the department. The department may implement the program through collaborative partnerships between the department, community social service agencies, family support programs and other community organizations, which may include faith-based organizations, to establish a system that, through referral to a network of contracted neighborhood-based agencies, provides a variety of community-linked family preservation and support services to assist families to prevent and remedy conditions or circumstances that cause child abuse or neglect.

B. The department may contract with neighborhood-based agencies and organizations to conduct family assessments, provide case management and provide the necessary services to protect the child and support the family on referral from the department.

C. During the initial contact with a family, the provider shall:

1. Verbally inform the prospective program participants that the department referred the family to the provider after investigation of a report of abuse or neglect.

2. Verbally inform the prospective program participants that they do not have to accept services.

3. Obtain the written, informed consent of the prospective program participants who choose to accept the services offered. The consent form shall include a description of the services offered and the rights and responsibilities of the program participants and a statement that emphasizes the voluntary nature of the program.

D. Contracts shall require that the provider establish a continuum of services for families through written agreements with community agencies and organizations to provide required services to families. The provider may purchase or obtain without cost the services of any agency or organization that may provide resources to assist the family.

E. Contracts shall require that the provider initiate a thorough family assessment and necessary services within forty-eight hours, excluding weekends and holidays, after the provider receives the referral from the department.

F. The department shall provide information to the provider concerning the current report and any information from records it deems appropriate. All information received by the provider regarding the report of abuse or neglect and department records is subject to the confidentiality requirements of section 8-807. Information in the records of the provider concerning the families served by the program is available for the purposes of evaluating the program.

G. On receipt of a referral from the department, within forty-eight hours the provider shall attempt to contact the family in person, initiate a family assessment with the consent of the family and offer to assist the family to obtain the services that are necessary to reduce or eliminate the causes for the initial information being received by the department and other identified needs of the family.

H. If at any time during the initial contact or during the course of service delivery the provider determines that the child is in imminent danger of abuse or neglect, the provider shall immediately report the case to the department or the appropriate law enforcement agency, or both, for appropriate action. In all cases the provider and any agency under subcontract to the provider shall retain records of information on initial and ongoing contact with the family and the final disposition of the case and shall provide this information to the department.

I. A family that is offered services by the provider may refuse to accept those services. The provider shall document the family's refusal of services in the case record.

J. The provider shall conduct an assessment in the home and with the family's participation shall develop an initial plan within thirty days based on the family's needs. The provider shall assist the family in identifying and providing appropriate services. The provider shall monitor the progress made by the family based on the plan expectations and shall conduct home visits to determine the safety of the child and any other children in the home at the time of the visit.

K. The department shall require that the provider establish a local advisory board composed of appropriate community representatives, including representation from families in the community and local public agencies. The local advisory board shall ensure that a continuum of services is provided for families and shall provide oversight to the program.

L. The department shall identify goals, objectives and outcomes for family builders programs.

M. If the department expands the program to new geographic areas, it shall hold at least one informational meeting to inform potential providers of the opportunity to bid on the contract.  The department shall provide adequate public notice of each meeting to potential providers in the same manner as provided in section 41-2533.

N. The department shall develop performance standards for the contracts, provide training to the provider or organization staff involved in service delivery to these families regarding child abuse and neglect and monitor the performance of the providers.

O. For the purposes of this section:

1. "Provider" means a community social services agency, family support program or community organization, including a faith-based organization, that is awarded a contract by the department.

2. "Services" includes:

(a) Family assessment.

(b) Case management.

(c) Child day care.

(d) Housing search and relocation.

(e) Parenting skills training.

(f) Supportive intervention and guidance counseling.

(g) Transportation.

(h) Emergency services.

(i) Intensive family preservation.

(j) Parent aide services.

(k) Respite services.

(l) Shelter services with parental consent.

(m) Additional services that the department determines are necessary to meet the needs of the families.
A.R.S. § 8-414 — Arizona Code / Title 8 / Chapter 3 / Article 7 / Section 414
8-414 Speedy adjudication; continuance; notice
Status: in_force

8-414. Speedy adjudication; continuance; notice

A. In any delinquency proceeding, the court, prosecutor and law enforcement officials shall take appropriate action to ensure a speedy adjudication for the victim.

B. The prosecutor shall make reasonable efforts to notify a victim of any request for a continuance, except that if the victim is represented by counsel who has filed a notice of appearance, the court, if the request for a continuance is in writing, shall make reasonable efforts to notify the victim's counsel in the same manner in which a party is notified.

C. In any delinquency proceeding in which a continuance is requested, the court shall consider the victim's views and the victim's right to a speedy adjudication. If a continuance is granted, the court shall state on the record the reason for the continuance.
A.R.S. § 8-347 — Arizona Code / Title 8 / Chapter 3 / Article 3 / Section 347
8-347 Disposition document or minute order; fingerprints
Status: in_force

8-347. Disposition document or minute order; fingerprints

A. At the time of the disposition of a juvenile who is adjudicated for an offense that would be a felony offense if committed by an adult, the court shall execute a disposition document or minute order.

B. At the time of disposition and in open court, the court or a person who is appointed by the court shall affix a fingerprint of the juvenile to the document or order.

C. In addition to any information deemed appropriate by the court, the document or order shall recite all of the following:

1. The full name and date of birth of the juvenile.

2. The name of the counsel for the juvenile or, if counsel was waived, the fact that the juvenile knowingly, voluntarily and intelligently waived the right to counsel after having been fully apprised of the right to counsel.

3. The name, statutory citation and classification of the offense.

4. Whether the basis of the adjudication of delinquency was by admission or adjudication hearing.

5. If there was an admission, that the juvenile knowingly, voluntarily and intelligently waived all pertinent rights.

6. A certification by the court or the clerk of the court that at the time of disposition and in open court the juvenile's fingerprint was permanently affixed to the document or order.

D. The document or order shall be made a permanent part of the public records of the court, and the recitations contained in the document or order are prima facie evidence of the facts that are stated in the recitations.
A.R.S. § 8-1164 — Arizona Code / Title 8 / Chapter 13 / Article 2 / Section 1164
8-1164 Designation of regions
Status: in_force

8-1164. Designation of regions

(Caution:  1998 Prop. 105 applies)

A. The board shall designate regions covering the entire state, each of which shall have a regional partnership council as provided by this article.

B. When designating regions, the board shall consider existing regional boundaries and organizations, distribution of populations and services and other factors demonstrating relationship or cohesion of persons and organizations within a region.

C. The board shall make initial regional designations no later than December 1, 2007.  The board may redesignate regions in its discretion no later than January 15 of any even-numbered year, beginning in 2010.

D. Indian tribes recognized by the federal government with tribal lands located in the state of Arizona may:

1. Participate in the designated geographical region or regions in which their tribal lands are located.

2. Elect to have its tribal lands treated as a separate region by the board.  If a tribe so elects, it shall inform the board by March 1 of any even-numbered year, beginning in 2008, that it wishes to be treated as a separate region for the next two fiscal years.
A.R.S. § 8-521.01 — Arizona Code / Title 8 / Chapter 4 / Article 4 / Section 521.01
8-521.01 Transitional independent living program
Status: in_force

8-521.01. Transitional independent living program

A. The department may establish a transitional independent living program for persons who meet the following qualifications:

1. The person is under twenty-one years of age.

2. The person was the subject of a dependency petition, adjudicated dependent or placed voluntarily pursuant to section 8-806.

B. The department shall provide care and services that complement the person’s own efforts to achieve self-sufficiency and to accept personal responsibility for preparing for and making the transition to adulthood.  The care and services provided shall be based on an individualized written agreement between the department and the person.

C. Care and services may be provided as follows:

1. If the person was in out-of-home placement or in the independent living program when the person became eighteen years of age, the department may provide out-of-home placement, independent living or other transitional living support services.

2. If the person was in out-of-home placement in the custody of the department, a licensed child welfare agency or a tribal child welfare agency while the person was sixteen, seventeen or eighteen years of age, the department may provide transitional living support services.
A.R.S. § 8-109 — Arizona Code / Title 8 / Chapter 1 / Article 1 / Section 109
8-109 Petition to adopt; contents
Status: in_force

8-109. Petition to adopt; contents

A. The potential adoptive parent or parents, an agency or the division may file a petition to adopt. The petition shall specify:

1. The full name, age and place of residence of the prospective adoptive parent and, if married, the date and place of marriage and the relationship if any to the child.

2. That a certificate of acceptability to adopt has been issued in favor of the prospective adoptive parent and the date of its issuance or the reason preadoption certification is not required.

3. The date when the prospective adoptive parent acquired custody of the child and from what person or agency, or, if not in custody, the present custodial circumstances.

4. The date and place of birth of the child.

5. The name of the child or the fictitious name to be used in the proceedings and, if a change of name is desired, the name.

6. That it is the desire of the prospective adoptive parent to adopt the child.

7. A full description and statement of the value of all property owned or possessed by the child.

8. If the child being adopted is a ward of the court, that written consent to adopt has been given by the division or the agency that has been given custody of the ward or any reason that consent need not be given.  Pursuant to section 8-106, subsection A, paragraph 7, the court may waive this requirement as it relates to the division.

9. Full disclosure of any fees or anything of value given or paid to any person or organization in connection with the adoption of the child.

B. Any written consent required by this article may be attached to the petition or may be filed after the filing of the petition at or before the hearing.
A.R.S. § 8-385.01 — Arizona Code / Title 8 / Chapter 3 / Article 7 / Section 385.01
8-385.01 Victims' rights for neighborhood associations
Status: in_force

8-385.01. Victims' rights for neighborhood associations

A. A neighborhood association may register with the city, town or county in which the neighborhood association is located to invoke the rights that are afforded pursuant to this article. The city, town or county shall establish procedures for the registration of neighborhood associations pursuant to this section. The procedures shall require the neighborhood association to provide to the city, town or county the name and telephone number of one person who shall act on behalf of the neighborhood association and who may receive notice or invoke rights pursuant to this section. The neighborhood association shall notify the city, town or county of any changes to this information. If the neighborhood association fails to keep this information current, the neighborhood association is deemed to have waived its rights under this section.

B. Notwithstanding any law to the contrary, if a juvenile commits an act that if committed by an adult would be a crime under section 13-1602, subsection A, paragraph 5, section 13-3102, subsection A, paragraph 9, section 13-3201 or 13-3204, section 13-3208, subsection B or section 13-3209, 13-3405, 13-3407, 13-3408, 13-3421 or 13-4702, a neighborhood association that is registered with a city, town or county pursuant to subsection A of this section may receive notice or may invoke rights pursuant to the following sections:

1. Section 8-390.

2. Section 8-400.

3. Section 8-405.

C. Sections 8-407, 8-413 and 8-415 apply to all matters in which a neighborhood association invokes rights under this section.

D. If the neighborhood association wishes to invoke victims' rights for a crime as prescribed in subsection B of this section that resulted in an arrest, the person who is registered with the city, town or county pursuant to subsection A of this section shall contact the law enforcement agency responsible for the arrest. The law enforcement agency shall fill out the form prescribed by section 8-386. Thereafter the neighborhood association, through the contact person, shall be afforded all of the rights listed under subsection B of this section.
A.R.S. § 8-462 — Arizona Code / Title 8 / Chapter 4 / Article 1 / Section 462
8-462 Housing assistance
Status: in_force

8-462. Housing assistance

A. Notwithstanding any other provision in this title, the department may provide special housing assistance in the form of vendor payments to achieve permanency for children who are involved in open child safety services cases. The child's family may qualify for this special housing assistance only if the lack of adequate housing is a significant barrier preventing the child from being reunited with or being able to remain with the child's family or other caretakers who will provide permanency for the child. The amount of housing assistance provided by the department for each family for an incident shall not exceed one thousand eight hundred dollars during a six month period. The housing assistance may only be used for rent, utilities, deposits and arrears.  The department may provide housing assistance only if other resources are unavailable.

B. The case record for the child and family shall contain a reference to the lack of adequate housing.

C. The case record shall reflect barriers that the family faces in obtaining adequate housing, a specific, time oriented plan for phasing out the need of the family for continued housing assistance, the actions that are being taken by the family for economic self-sufficiency and a complete financial picture of the family at the time of application to the program, including housing related expenses and income, including entitlements.

D. For the period a family is receiving housing assistance, the department shall provide case management services that include monitoring the financial situation of the family.
A.R.S. § 8-386 — Arizona Code / Title 8 / Chapter 3 / Article 7 / Section 386
8-386 Information provided to victim by law enforcement agencies
Status: in_force

8-386. Information provided to victim by law enforcement agencies

A. As soon after the detection of an offense as the victim may be contacted without interfering with an investigation or arrest, the law enforcement agency responsible for investigating the offense shall provide electronic forms, pamphlets, information cards or other materials to the victim:

1. That allows the victim to request or waive applicable rights to which the victim is entitled, on request, under this article.

2. That provides the victim a method to designate a lawful representative if the victim so chooses pursuant to section 8-384, subsection A or section 8-385.

3. That provides notice to the victim of all of the following information:

(a) The victim's right under the victims' bill of rights, article II, section 2.1, Constitution of Arizona, to be treated with fairness, respect and dignity and to be free of intimidation, harassment or abuse throughout the criminal or juvenile justice process.

(b) The availability, if any, of crisis intervention services and emergency and medical services and, if applicable, that medical expenses arising out of the need to secure evidence may be reimbursed pursuant to section 13-1414.

(c) In cases involving domestic violence, the procedures and resources available to protect the victim pursuant to section 13-3601.

(d) The names and telephone numbers of public and private victim assistance programs, including the county victim compensation program and programs that provide counseling, treatment and other support services.

(e) The police report number, if available, other identifying case information and the following statement:

If within thirty days you are not notified of an arrest in your case, you may call (the law enforcement agency's telephone number) for the status of the case.

(f) Whether the suspect is an adult or juvenile, the victim will be notified by the law enforcement agency at the earliest opportunity after the arrest of a suspect.

(g) If the suspect is a juvenile and the officer requests that the accused be detained, a statement of the victim's right, on request, to be informed if the juvenile will be released or will be detained pending the detention hearing and of the victim's right to be present and heard at the detention hearing and that, to exercise these rights, the victim must contact the detention screening section of the juvenile probation department immediately to request notice of all of the following:

(i) The juvenile's release.

(ii) The date, time and place of the detention hearing and any changes to that schedule.

(iii) If the victim chooses to exercise the right to be heard through a written statement, how that statement may be submitted to the court.

(h) That the victim or the immediate family member of the victim, if the victim is killed or incapacitated, has the right to receive one copy of the police report, including any supplements to the report, audio recordings and video recordings from the investigating law enforcement agency or charging prosecutorial agency at no charge pursuant to section 39-127.

B. If at the time of contact with a law enforcement agency the victim is physically or emotionally unable to request or waive applicable rights, the law enforcement agency shall designate this in a format that is authorized by subsection A of this section and the entities that may be subsequently affected shall presume that the victim invoked the victim's right to request applicable rights to which the victim is entitled, on request, unless the victim later waives those rights.

C. The law enforcement agency shall submit one copy of the victim's request or waiver of predisposition rights form to the detention center, if the arresting officer is requesting that the accused be detained, at the time the juvenile is taken to detention. If detention is not requested, the form copies shall be submitted to the juvenile probation intake section at the time the case is otherwise referred to court. The probation intake section shall submit a copy of the victim's request or waiver of predisposition rights form to the prosecutor and the departments or governmental agencies, as applicable, that are mandated by this article to provide victims' rights services on request.

D. If the accused juvenile is cited and released by an Arizona traffic ticket and complaint form pursuant to section 8-323, the law enforcement agency shall inform the victim how to obtain additional information about subsequent proceedings.

E. Law enforcement agencies within a county may establish different procedures designed to efficiently and effectively provide notice of the victim's rights pursuant to this article and notice to affected entities of victim request or waiver information. If different procedures are established, the procedures shall:

1. Be reported to the entities within a county affected by the procedures and reported to the attorney general.

2. Be designed so that detention centers within a county receive notice of the victim's request or waiver of the victim's predisposition rights at the same time that an accused juvenile is detained.

3. Be designed so that the juvenile probation intake section of the county receives notice of the victim's request or waiver of the victim's predisposition rights at the same time that the case is referred to court.

4. Provide that the notice to affected entities of a victim's request or waiver of the victim's predisposition rights includes information that allows the affected entity to contact the victim.

5. Be supported by the use of electronic forms, brochures or other written materials developed by the law enforcement agencies within a county and reviewed by the attorney general pursuant to section 8-398, subsection B.
A.R.S. § 8-171 — Arizona Code / Title 8 / Chapter 1 / Article 4 / Section 171
8-171 Definitions
Status: in_force

8-171. Definitions

In this article, unless the context otherwise requires:

1. "Adoption assistance" means payments, medical assistance or benefits provided by an adoption assistance state pursuant to applicable federal and state laws.

2. "Adoption assistance state" means a state that is a signatory to an interstate adoption assistance compact.

3. "State" means a state, district, commonwealth or territory of the United States.
A.R.S. § 8-540 — Arizona Code / Title 8 / Chapter 4 / Article 5 / Section 540
8-540 Court costs
Status: in_force

8-540. Court costs

A. There shall be no fees assessed for the filing of a petition to terminate the parent-child relationship.

B. All court costs, including the cost of giving notice and advertising shall be paid by the petitioners if the court so orders. The court may suspend such costs where payment would work a hardship upon the petitioner, or would be otherwise inappropriate.
A.R.S. § 8-481 — Arizona Code / Title 8 / Chapter 4 / Article 3 / Section 481
8-481 Healthy families program; administration; consent; access to records
Status: in_force

8-481. Healthy families program; administration; consent; access to records

A. The healthy families program is established in the department.  The program shall provide services to children under five years of age and members of their families that are designed to prevent child abuse or neglect and to promote child development and wellness.  The program also may provide these services to pregnant women and their families.

B. The department shall:

1. Develop standardized program eligibility criteria to be used for identifying families in greatest need of program services.

2. Develop the following program functions:

(a) Comprehensive standardized risk assessment evaluation for newborns and their families.

(b) A method to identify families that have the greatest need for program services. The department shall establish a method of disclosing to parents at the time of their admission to a hospital for childbirth that they may be contacted regarding program services.

(c) Outreach services that are conducted primarily through prescheduled home visits.

3. Establish methods that assist program participants to reduce illiteracy, reduce dependency on welfare, encourage employment, encourage self-sufficiency and encourage community involvement by program participants through community service, employment or participation in religious or social organizations.

4. Develop employment guidelines for program personnel that include background checks for those personnel who will have direct contact with pregnant women or families or who will have access to program participant records.  Employment guidelines shall include skill development in child abuse and neglect detection and in the collection of relevant program data.

5. Track program costs.

6. Offer parents education on prenatal care.

7. Offer participants education on successful marriage.

8. Establish guidelines for requiring program participants to engage in community service activities in exchange for benefits received from the program. Participants shall be allowed to choose from a variety of community and faith-based service providers that are under contract with the department to provide community service opportunities or program services. Participants shall be allowed and encouraged to engage in community services within their own communities. Participants shall be allowed to fulfill the requirements of this paragraph by providing community services to the program from which they received services.

C. The goals of the healthy families program include:

1. Reducing child abuse and neglect.

2. Promoting child wellness and proper development.

3. Strengthening family relations.

4. Promoting family unity.

5. Reducing dependency on drugs and alcohol.

D. The healthy families program shall provide the following services to program participants:

1. Informal counseling or emotional support services.

2. Assistance in developing parenting and coping skills.

3. Education on the importance of good nutritional habits to improve the overall health of their children.

4. Education on developmental assessments so that early identification of any learning disabilities, physical disabilities or behavioral health needs are determined.

5. Education on the importance of preventative health care and the need for screening examinations such as hearing and vision.

6. Assistance and encouragement to provide age appropriate immunizations so that their children are immunized.

7. Assistance and encouragement to access comprehensive private and public preschool and other school readiness programs.

8. Assistance in applying for private and public financial assistance including employment services.

9. Assistance in accessing other applicable community and public services including employment services.

E. Program participants shall be provided with the Arizona children and families resource directory compiled under section 36-698 in order to help them answer questions concerning early childhood development.

F. Program services shall not be provided under this section unless:

1. Participation in the program is initiated in response to a request by the potential program participant.

2. A verbal explanation of the program is provided to program participants, including an explanation of the rights and responsibilities of both the participant and the program provider.

3. The written, informed consent of the program participants is received.  The consent form shall include at least a clear description of the program, including the activities and information to be provided by the program during prescheduled home visits, the number of expected home visits, the right of program participants to terminate participation in the program at any time, any responsibilities of the program participants, a statement that a record will be made and maintained of the home visits and may be available in future court proceedings and any other information that is necessary to convey to the program participants a clear understanding of the program.

G. The initial contact may be in person and at any convenient location, except that if the contact occurs at the primary residence of the potential program participant, the program personnel shall not enter the residence during the initial contact without the permission of the potential program participant.

H. If the potential program participant is a minor living with the minor's parent or guardian, home visits shall not be provided under this section without the additional written consent of the parent or guardian.

I. If any home visits are to be made by program personnel who are required to report suspected abused or neglected children pursuant to title 13, chapter 36, the consent form shall also contain a clear and conspicuous statement informing parents that the home visits will be made by a person who is required to report any instances of suspected abuse or neglect of children to the department or its successor.

J. Program participants have access to the records on their own family at all times and have the right to correct any inaccurate information included in the records. Records shall be retained for at least five years after the participants' last involvement in the program. Program records are not available to other government agencies or programs in the department without specific prior written consent by the program participant for the release of information in the program participant's records. Program personnel shall not wilfully include defamatory information or maliciously include derogatory information in the records. Program participants have a right of action against any program personnel for the knowing or reckless inclusion of defamatory information in the records.

K. This section does not prohibit a person from satisfying the reporting requirements of section 13-3620 or from complying with a court order to produce records.
A.R.S. § 8-117 — Arizona Code / Title 8 / Chapter 1 / Article 1 / Section 117
8-117 Rights under adoption order
Status: in_force

8-117. Rights under adoption order

A. On entry of the decree of adoption, the relationship of parent and child and all the legal rights, privileges, duties, obligations and other legal consequences of the natural relationship of child and parent thereafter exist between the adopted child and the adoptive parent as though the child were born to the adoptive parent in lawful wedlock. The adopted child is entitled to inherit real and personal property from and through the adoptive parent and the adoptive parent is entitled to inherit real and personal property from and through the adopted child the same as though the child were born to the adoptive parent in lawful wedlock.

B. On entry of the decree of adoption, the relationship of parent and child between the adopted child and the persons who were the child's parents before entry of the decree of adoption is completely severed and all the legal rights, privileges, duties, obligations and other legal consequences of the relationship cease to exist, including the right of inheritance.  This subsection does not apply to communication rights established pursuant to section 8-116.01.

C. If the adoption is by the spouse of the child's parent, the relationship of the child to that parent remains unchanged by the decree of adoption.
A.R.S. § 8-864 — Arizona Code / Title 8 / Chapter 4 / Article 11 / Section 864
8-864 Timing of motions and hearings; consolidation of hearings
Status: in_force

8-864. Timing of motions and hearings; consolidation of hearings

Notwithstanding any other statute, the court may order or permit the filing of a motion for termination or permanent guardianship before the permanency hearing is held, consolidate hearings or provide for a different order of hearings if:

1. The permanency hearing is held no later than the time prescribed in section 8-862, subsection A.

2. The termination hearing is held no later than the time prescribed in section 8-862, subsection D, paragraph 2.

3. The permanent guardianship hearing is held no later than the time prescribed in section 8-862, subsection F, paragraph 2.
A.R.S. § 8-243.02 — Arizona Code / Title 8 / Chapter 2 / Article 4 / Section 243.02
8-243.02 Assignment of right to support; priority
Status: in_force

8-243.02. Assignment of right to support; priority

A. The right to support of a child receiving foster care maintenance payments pursuant to 42 United States Code sections 670 through 676 is assigned to this state by operation of law. The agency in this state administering the provisions of 42 United States Code sections 651 through 665 shall take all steps necessary to enforce the assigned rights to support.

B. This state's assigned right to support has priority over the claims of all support claimants until the amounts due this state are satisfied.