Juvenile Court General Provisions
Arizona Revised Statutes Annotated
8-201

Description: Title 8. Children (Refs & Annos) Chapter 2. Juvenile Court (Refs & Annos) Article 1. General Provisions (Refs & Annos) § 8-201. Definitions In this title, unless the context otherwise requires: 1. “Abandoned” means the failure of the parent to provide reasonable support and to maintain regular contact with the child, including providing normal supervision. Abandoned includes a judicial finding that a parent has made only minimal efforts to support and communicate with the child. Failure to maintain a normal parental re- lationship with the child without just cause for a period of six months constitutes prima facie evidence of abandonment. 2. “Abuse” means the infliction or allowing of physical injury, impairment of bodily function or disfigurement or the infliction of or allowing another person to cause serious emotional damage as evidenced by severe anxiety, depression, withdrawal or untoward aggressive behavior and which emotional damage is diagnosed by a medical doctor or psychologist and is caused by the acts or omissions of an individual having care, custody and control of a child. Abuse includes: (a) Inflicting or allowing sexual abuse pursuant to § 13-1404, sexual conduct with a minor pursuant to § 13-1405 , sexual assault pursuant to § 13-1406, molestation of a child pursuant to § 13-1410, commercial sexual exploita- tion of a minor pursuant to § 13-3552, sexual exploitation of a minor pursuant to § 13-3553, incest pursuant to § 13-3608 or child prostitution pursuant to § 13-3212. (b) Physical injury that results from permitting a child to enter or remain in any structure or vehicle in which volatile, toxic or flammable chemicals are found or equipment is possessed by any person for the purpose of manufacturing a dangerous drug as defined in § 13-3401. (c) Unreasonable confinement of a child. 3. “Adult” means a person who is eighteen years of age or older. 4. “Adult court” means the appropriate justice court, municipal court or criminal division of the superior court that has jurisdiction to hear proceedings concerning offenses committed by juveniles as provided in §§ 8-327and 13-501. 5. “Award” or “commit” means to assign legal custody. 6. “Child”, “youth” or “juvenile” means an individual who is under the age of eighteen years. 7. “Complaint” means a written statement of the essential facts constituting a public offense that is any of the following: (a) Made on an oath before a judge or commissioner of the superior court or an authorized juvenile hearing officer. (b) Made pursuant to § 13-3903. (c) Accompanied by an affidavit of a law enforcement officer or employee that swears on information and belief to the accuracy of the complaint pursuant to § 13-4261. 8. “Custodian” means a person, other than a parent or legal guardian, who stands in loco parentis to the child or a person to whom legal custody of the child has been given by order of the juvenile court. 9. “Delinquency hearing” means a proceeding in the juvenile court to determine whether a juvenile has commit- ted a specific delinquent act as set forth in a petition. 10. “Delinquent act” means an act by a juvenile that if committed by an adult would be a criminal offense or a petty offense, a violation of any law of this state, or of another state if the act occurred in that state, or a law of the United States, or a violation of any law that can only be violated by a minor and that has been designated as a delinquent offense, or any ordinance of a city, county or political subdivision of this state defining crime. Delinquent act does not include an offense under § 13-501, subsection A or B if the offense is filed in adult court. Any juvenile who is prosecuted as an adult or who is remanded for prosecution as an adult shall not be adjudicated as a delinquent juvenile for the same offense. 11. “Delinquent juvenile” means a child who is adjudicated to have committed a delinquent act. 12. “Department” means the department of economic security. 13. “Dependent child”: (a) Means a child who is adjudicated to be: (i) In need of proper and effective parental care and control and who has no parent or guardian, or one who has no parent or guardian willing to exercise or capable of exercising such care and control. (ii) Destitute or who is not provided with the necessities of life, including adequate food, clothing, shelter or medical care. (iii) A child whose home is unfit by reason of abuse, neglect, cruelty or depravity by a parent, a guardian or any other person having custody or care of the child. (iv) Under eight years of age and who is found to have committed an act that would result in adjudication as a delinquent juvenile or incorrigible child if committed by an older juvenile or child. (v) Incompetent or not restorable to competency and who is alleged to have committed a serious offense as defined in § 13-706. (b) Does not include a child who in good faith is being furnished Christian Science treatment by a duly accred- ited practitioner if none of the circumstances described in subdivision (a) of this paragraph exists. 14. “Detention” means the temporary confinement of a juvenile who requires secure care in a physically restrict- ing facility that is completely surrounded by a locked and physically secure barrier with restricted ingress and egress for the protection of the juvenile or the community pending court disposition or as a condition of probation. 15. “Health professional” has the same meaning prescribed in § 32-3201. 16. “Incorrigible child” means a child who: (a) Is adjudicated as a child who refuses to obey the reasonable and proper orders or directions of a parent, guardian or custodian and who is beyond the control of that person. (b) Is habitually truant from school as defined in § 15-803, subsection C. (c) Is a runaway from the child's home or parent, guardian or custodian. (d) Habitually behaves in such a manner as to injure or endanger the morals or health of self or others. (e) Commits any act constituting an offense that can only be committed by a minor and that is not designated as a delinquent act. (f) Fails to obey any lawful order of a court of competent jurisdiction given in a noncriminal action. 17. “Independent living program” includes a residential program with supervision of less than twenty-four hours a day. 18. “Juvenile court” means the juvenile division of the superior court when exercising its jurisdiction over chil- dren in any proceeding relating to delinquency, dependency or incorrigibility. 19. “Law enforcement officer” means a peace officer, sheriff, deputy sheriff, municipal police officer or constable. 20. “Medical director of a mental health agency” means a psychiatrist, or licensed physician experienced in psy- chiatric matters, who is designated in writing by the governing body of the agency as the person in charge of the medical services of the agency, or a psychiatrist designated by the governing body to act for the director. The term includes the superintendent of the state hospital. 21. “Mental health agency” means any private or public facility that is licensed by this state as a mental health treatment agency, a psychiatric hospital, a psychiatric unit of a general hospital or a residential treatment center for emotionally disturbed children and that uses secure settings or mechanical restraints. 22. “Neglect” or “neglected” means: (a) The inability or unwillingness of a parent, guardian or custodian of a child to provide that child with supervision, food, clothing, shelter or medical care if that inability or unwillingness causes unreasonable risk of harm to the child's health or welfare, except if the inability of a parent, guardian or custodian to provide services to meet the needs of a child with a disability or chronic illness is solely the result of the unavailability of reasonable services. (b) Permitting a child to enter or remain in any structure or vehicle in which volatile, toxic or flammable chemicals are found or equipment is possessed by any person for the purposes of manufacturing a dangerous drug as defined in § 13-3401. (c) A determination by a health professional that a newborn infant was exposed prenatally to a drug or substance listed in § 13-3401 and that this exposure was not the result of a medical treatment administered to the mother or the newborn infant by a health professional. This subdivision does not expand a health professional's duty to report neglect based on prenatal exposure to a drug or substance listed in § 13-3401 beyond the requirements prescribed pursuant to § 13-3620, subsection E. The determination by the health professional shall be based on one or more of the following: (i) Clinical indicators in the prenatal period including maternal and newborn presentation. (ii) History of substance use or abuse. (iii) medical history. (iv) Results of a toxicology or other laboratory test on the mother or the newborn infant. (d) Diagnosis by a health professional of an infant under one year of age with clinical findings consistent with fetal alcohol syndrome or fetal alcohol effects. (e) Deliberate exposure of a child by a parent, guardian or custodian to sexual conduct as defined in § 13-3551 or to sexual contact, oral sexual contact or sexual intercourse as defined in § 13-1401, bestiality as prescribed in § 13-1411 or explicit sexual materials as defined in § 13-3507. (f) Any of the following acts committed by the child's parent, guardian or custodian with reckless disregard as to whether the child is physically present: (i) Sexual contact as defined in § 13-1401. (ii) Oral sexual contact as defined in § 13-1401. (iii) sexual intercourse as defined in § 13-1401. (iv) Bestiality as prescribed in § 13-1411. 23. “Newborn infant” means a child who is under thirty days of age. 24. “Petition” means a written statement of the essential facts that allege delinquency, incorrigibility or dependency. 25. “Prevention” means the creation of conditions, opportunities and experiences that encourage and develop healthy, self-sufficient children and that occur before the onset of problems. 26. “Protective supervision” means supervision that is ordered by the juvenile court of children who are found to be dependent or incorrigible. 27. “Referral” means a report that is submitted to the juvenile court and that alleges that a child is dependent or incorrigible or that a juvenile has committed a delinquent or criminal act. 28. “Secure care” means confinement in a facility that is completely surrounded by a locked and physically secure barrier with restricted ingress and egress. 29. “Serious emotional injury” means an injury that is diagnosed by a medical doctor or a psychologist and that does any one or a combination of the following: (a) Seriously impairs mental faculties. (b) Causes serious anxiety, depression, withdrawal or social dysfunction behavior to the extent that the child suffers dysfunction that requires treatment. (c) Is the result of sexual abuse pursuant to § 13-1404, sexual conduct with a minor pursuant to § 13-1405, sexual assault pursuant to § 13-1406, molestation of a child pursuant to § 13-1410, child prostitution pursuant to §13-3212, commercial sexual exploitation of a minor pursuant to § 13-3552, sexual exploitation of a minor pursuant to § 13-3553 or incest pursuant to § 13-3608. 30. “Serious physical injury” means an injury that is diagnosed by a medical doctor and that does any one or a combination of the following: (a) Creates a reasonable risk of death. (b) Causes serious or permanent disfigurement. (c) Causes significant physical pain. (d) Causes serious impairment of health. (e) Causes the loss or protracted impairment of an organ or limb. (f) Is the result of sexual abuse pursuant to § 13-1404, sexual conduct with a minor pursuant to § 13-1405, sexual assault pursuant to § 13-1406, molestation of a child pursuant to § 13-1410, child prostitution pursuant to §13-3212, commercial sexual exploitation of a minor pursuant to § 13-3552, sexual exploitation of a minor pursuant to § 13-3553 or incest pursuant to § 13-3608. 31. “Shelter care” means the temporary care of a child in any public or private facility or home that is licensed by this state and that offers a physically nonsecure environment that is characterized by the absence of physically restricting construction or hardware and that provides the child access to the surrounding community. CREDIT(S) Added by Laws 1970, Ch. 223, § 2, eff. Aug. 11, 1970. Amended by Laws 1972, Ch. 146, § 10; Laws 1980, Ch. 47, § 1; Laws 1980, Ch. 54, § 1; Laws 1980, Ch. 91, § 1; Laws 1981, Ch. 98, § 6; Laws 1981, Ch. 293, § 1; Laws 1982, Ch. 292, § 2; Laws 1983, Ch. 202, § 1; Laws 1989, Ch. 270, § 1; Laws 1994, Ch. 201, § 2; Laws 1994, Ch. 315, § 2; Laws 1996, Ch. 291, § 1; Laws 1996, Ch. 359, § 1; Laws 1997, Ch. 220, § 1; Laws 1997, 2nd S.S., Ch. 4, § 1, eff. Nov. 14, 1997; Laws 1997, 2nd S.S., Ch. 4, § 2, eff. July 1, 1998; Laws 1999, Ch. 36, § 4; Laws 2001, Ch. 334, § 1; Laws 2002, Ch. 158, § 1; Laws 2003, 2nd S.S., Ch. 6, § 1, eff. Dec. 18, 2003; Laws 2008, Ch. 301, § 1, eff. Jan. 1, 2009; Laws 2009, Ch. 126, § 1. Current through the First Regular Session and First through Fourth Special Sessions of the Forty-Ninth Legislature (2009)

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