Arizona Revised Statutes
Title 8 - Child Safety
§ 8-302 - Transfer between juvenile and criminal courts

8-302. Transfer between juvenile and criminal courts
A. If during the pendency of a criminal charge in any court of this state the court determines that the defendant is a juvenile who is not subject to prosecution as an adult pursuant to section 13-501, the court shall transfer the case to the juvenile court, together with all of the original accusatory pleadings and other papers, documents and transcripts of any testimony relating to the case. On transfer, the court shall order that the defendant be taken to a place of detention designated by the juvenile court or to that court itself or shall release the juvenile to the custody of the juvenile's parent or guardian or any other person legally responsible for the juvenile. If the juvenile is released to the juvenile's parent or guardian or any other person legally responsible for the juvenile, the court shall require that the parent, guardian or other person bring the juvenile to appear before the juvenile court at a designated time. The juvenile court shall then proceed with all further proceedings as if a petition alleging delinquency had been filed with the juvenile court under section 8-301 on the effective date of the transfer. This subsection does not apply to a juvenile who is subject to prosecution pursuant to section 13-501 but who is convicted of an offense not listed in section 13-501.
B. If during the pendency of a criminal charge in any court of this state the court determines that the defendant is a juvenile who is subject to prosecution as an adult pursuant to section 13-501, subsection B, on motion of the prosecutor the court shall transfer the case to the juvenile court, together with all of the original accusatory pleadings and other papers, documents and transcripts of any testimony relating to the case. On transfer, the court shall order that the juvenile be taken to a place of detention designated by the juvenile court or to that court itself or shall release the juvenile to the custody of the juvenile's parent or guardian or any other person legally responsible for the juvenile. If the juvenile is released to the juvenile's parent or guardian or any other person legally responsible for the juvenile, the court shall require that the parent, guardian or other person bring the juvenile to appear before the juvenile court at a designated time. The juvenile court shall then proceed with all further proceedings as if a petition alleging delinquency had been filed with the juvenile court under section 8-301 on the effective date of the transfer.
C. During the pendency of a delinquency action in any court of this state, on the motion of the prosecution and before the adjudication hearing, the court shall dismiss without prejudice any count in the petition charging an offense for which the juvenile is subject to prosecution as an adult pursuant to section 13-501 to allow criminal charges to be filed.
D. If a juvenile reaches eighteen years of age during the pendency of a delinquency action or before completion of the sentence in any court in this state for an act that if committed by an adult would be a misdemeanor or petty offense or a civil traffic violation, the court shall transfer the case to the appropriate criminal court, together with all of the original accusatory pleadings and other papers, documents and transcripts of any testimony relating to the case and any sentencing order. The appropriate criminal court shall then proceed with all further proceedings as if a uniform Arizona traffic ticket and complaint form or a complaint alleging a misdemeanor or petty offense or a civil traffic violation had been filed with the appropriate criminal court pursuant to section 13-3903 or the Arizona rules of criminal procedure, the rules of procedure in traffic cases or the rules of procedure in civil traffic violation cases.

Structure Arizona Revised Statutes

Arizona Revised Statutes

Title 8 - Child Safety

§ 8-101 - Definitions

§ 8-102 - Who may be adopted

§ 8-102.01 - Jurisdiction

§ 8-103 - Who may adopt

§ 8-104 - Venue

§ 8-105 - Preadoption certification; investigation; central adoption registry

§ 8-105.01 - Adoption; racial preferences; prohibition; exception

§ 8-105.02 - Adoption by foster parents; removal of child

§ 8-105.03 - Adoption information from local community organizations

§ 8-106 - Consent to adoption; waiver; consent to the release of information; notification to potential fathers

§ 8-106.01 - Putative fathers registry; claim of paternity; adoptive interest

§ 8-107 - Time and contents of consent

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

§ 8-109 - Petition to adopt; contents

§ 8-110 - Fictitious name for child

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

§ 8-112 - Social studies; requirements

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

§ 8-114 - Monies paid to or for parent; court approval; attorney fees; accounting; disallowance; exception

§ 8-115 - Hearing; procedure; record; evidence

§ 8-116 - Court order; contents; form

§ 8-116.01 - Agreements regarding communications

§ 8-117 - Rights under adoption order

§ 8-118 - Petition withdrawal or denial; custody

§ 8-119 - Dismissal after death; exception

§ 8-120 - Records; inspection; exception; destruction or transfer of certain records

§ 8-121 - Confidentiality of information; exceptions

§ 8-122 - Financial hardship; deferral, waiver or reduction of fees

§ 8-123 - Irregularities; curative period

§ 8-124 - Subsequent adoptions

§ 8-125 - Adoption decrees of other states

§ 8-126 - Licensure and regulation of agencies

§ 8-127 - Services of county attorney; exception

§ 8-128 - Violation; classification

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

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

§ 8-131 - Exemption of division from licensure; compliance with standards

§ 8-132 - Adoption agency information confidentiality; permissible disclosure; use; violation; classification; definitions

§ 8-133 - Fees for division services

§ 8-134 - Confidential intermediary

§ 8-135 - Confidential intermediary and fiduciary fund

§ 8-136 - Prospective adoptive parent's blindness; certification; grant of adoption; burden of proof; specific written findings; definitions

§ 8-141 - Definitions; exception

§ 8-142 - Adoption subsidy program; funding; claims; limitation

§ 8-142.01 - Adoption subsidy program; hospital reimbursement

§ 8-143 - Eligibility for subsidies; rate

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

§ 8-145 - Appeals

§ 8-161 - Definitions

§ 8-162 - Nonrecurring adoption expense program; funding; use of other resources; payment

§ 8-163 - Eligibility

§ 8-164 - Nonrecurring expenses; limitation

§ 8-165 - Records

§ 8-166 - Appeals

§ 8-171 - Definitions

§ 8-172 - Interstate compacts; requirements; optional contents

§ 8-173 - Adoption assistance agreements; reciprocity conditions; violation; classification

§ 8-201 - Definitions

§ 8-201.01 - Prohibitions

§ 8-202 - Jurisdiction of juvenile court

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

§ 8-203.01 - Fingerprinting juvenile probation officers; affidavit

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

§ 8-205 - Powers and duties of juvenile court personnel

§ 8-206 - Venue

§ 8-207 - Order of adjudication; noncriminal; use as evidence

§ 8-208 - Juvenile court records; public inspection; exceptions

§ 8-209 - Juvenile court facilities; juvenile shelters; treatment services

§ 8-221 - Counsel right of juvenile, parent or guardian; appointment; reimbursement; guardian ad litem

§ 8-222 - Subpoenas; issuance

§ 8-231 - Juvenile court commissioners; appointment; powers and duties; compensation; qualifications

§ 8-232 - County attorney

§ 8-233 - Record of proceeding

§ 8-234 - Treatment, community restitution, restraining and protective orders

§ 8-235 - Appeals

§ 8-236 - Cooperation

§ 8-237 - Statement or conduct of minor; hearsay exception

§ 8-238 - Advisory hearing; DNA

§ 8-241 - Fees on disposition

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

§ 8-243 - Liability of parents to bear expense; exception

§ 8-243.01 - Deposit of child support assessment monies

§ 8-243.02 - Assignment of right to support; priority

§ 8-244 - Removal of child from state

§ 8-245 - Physical and mental care

§ 8-246 - Jurisdiction; length of commitment; placement; assessment; definition

§ 8-247 - Contempt powers

§ 8-248 - Hearing; service providers; definition

§ 8-249 - Restoration of civil rights; persons adjudicated delinquent

§ 8-261 - Definitions

§ 8-262 - Establishing voluntary programs

§ 8-263 - Order for counseling; administration; enforcement

§ 8-264 - Participation by county; certification

§ 8-265 - County's share of matching funds; appropriation by legislature

§ 8-271 - Definitions

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

§ 8-273 - Residential treatment services; definition

§ 8-291 - Definitions

§ 8-291.01 - Effect of incompetency; request for examination

§ 8-291.02 - Expert appointment; costs; immunity

§ 8-291.03 - Screening report

§ 8-291.04 - Examination; competency to stand trial

§ 8-291.05 - Misdemeanor charges; dismissal; notice

§ 8-291.06 - Privilege against self-incrimination; sealed reports

§ 8-291.07 - Mental health expert reports

§ 8-291.08 - Competency hearings; restoration orders

§ 8-291.09 - Restoration order; commitment

§ 8-291.10 - Reports; hearings

§ 8-291.11 - Records

§ 8-301 - Commencement of proceedings

§ 8-302 - Transfer between juvenile and criminal courts

§ 8-303 - Taking into temporary custody; interference; release; separate custody; violation; classification

§ 8-304 - Investigation of alleged acts of delinquency, dependency and incorrigibility

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

§ 8-306 - Supervision and inspection of juvenile detention center and shelter care facilities

§ 8-307 - Delinquency hearings; required attendance of cited child; referring to youth service bureau; notification of parents

§ 8-308 - Required attendance of parent, legal guardian or custodian in court; contempt

§ 8-309 - Unlawful use of an electronic communication device by a minor; classification; definitions

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

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

§ 8-323 - Juvenile hearing officer; appointment; term; compensation; hearings; required attendance; contempt

§ 8-325 - Appeal from an order of a juvenile hearing officer; procedures

§ 8-326 - County attorney

§ 8-327 - Transfer hearing

§ 8-328 - Juvenile diversion programs; reporting

§ 8-341 - Disposition and commitment; definitions

§ 8-341.01 - Residential treatment services; definition

§ 8-342 - Commitment of child; medical examination; definition

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

§ 8-344 - Restitution payments

§ 8-345 - Restitution lien; definition

§ 8-346 - Restitution fund; restitution contracts

§ 8-347 - Disposition document or minute order; fingerprints

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

§ 8-349 - Destruction of juvenile records; electronic research records; definition

§ 8-350 - Dangerous offenders; sex offenders; notification to schools; definition

§ 8-350.01 - Youth sex offenders; treatment; definition

§ 8-350.02 - Civil actions by victim or other persons

§ 8-351 - Definition of juvenile intensive probation

§ 8-352 - Intensive probation; evaluation; criteria; limit; conditions

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

§ 8-354 - Modification of supervision

§ 8-355 - School; employment; community restitution programs

§ 8-357 - Budget requests

§ 8-358 - Juvenile intensive probation guidelines; report

§ 8-361 - Adoption of interstate compact for juveniles

§ 8-362 - Commission assessments

§ 8-363 - Juvenile compact administrator, compact commissioner; authority to appoint deputy compact administrator; state council

§ 8-364 - Financial arrangements

§ 8-365 - Responsibilities of state departments, agencies and officers

§ 8-371 - Educational rehabilitation; definition

§ 8-381 - Applicability

§ 8-382 - Definitions

§ 8-383 - Implementation of rights and duties

§ 8-383.01 - Victims' rights; dismissed counts

§ 8-384 - Inability to exercise rights; designation of others; notice; representative for a minor or vulnerable adult; definition

§ 8-385 - Limited rights of a legal entity

§ 8-385.01 - Victims' rights for neighborhood associations

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

§ 8-386.01 - Issuance and execution of arrest warrants

§ 8-387 - Notice of terms and conditions of release

§ 8-388 - Notice of diversion

§ 8-389 - Preliminary notice of rights

§ 8-390 - Notice of proceedings

§ 8-391 - Notice of adjudication; impact statement

§ 8-392 - Notice of postadjudication review and appellate proceedings

§ 8-392.01 - Notice of right to request not to receive committed youth mail

§ 8-393 - Notice of release or escape

§ 8-394 - Notice of delinquent's status

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

§ 8-396 - Notice of probation modification, termination or revocation disposition matters; notice of arrest

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

§ 8-398 - Request for notice; forms; notice system

§ 8-399 - Victim conference with prosecuting attorney

§ 8-400 - Proceedings; right to be present

§ 8-401 - Detention hearing

§ 8-402 - Postarrest detention decisions

§ 8-403 - Plea negotiation

§ 8-404 - Impact statement; predisposition report

§ 8-405 - Disposition

§ 8-406 - Probation modification, revocation disposition or termination proceedings

§ 8-407 - Victim's discretion; form of statement

§ 8-408 - Return of victim's property; release of evidence

§ 8-409 - Consultation between crime victim advocate and victim; privileged information; exception

§ 8-410 - Minimizing victim's contacts

§ 8-411 - Motion to revoke release

§ 8-412 - Victim's right to refuse an interview; applicability

§ 8-413 - Victim's right to privacy; exception; definitions

§ 8-414 - Speedy adjudication; continuance; notice

§ 8-415 - Effect of failure to comply

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

§ 8-417 - Construction of article

§ 8-418 - Implementation fee; definition

§ 8-419 - Victim reconciliation services

§ 8-420 - Right to leave work; scheduled proceedings; employment rights; nondiscrimination; confidentiality; definition

§ 8-421 - Statement of rights

§ 8-422 - Use of a facility dog in court proceedings; definition

§ 8-451 - Department; purpose

§ 8-452 - Director; appointment; qualifications; compensation

§ 8-453 - Powers and duties

§ 8-454 - Department organization

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

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

§ 8-457 - Service coordination function

§ 8-458 - Inspections bureau; monitoring and evaluation; quality assurance process

§ 8-459 - Community advisory committee; duties; membership

§ 8-460 - Acquisition of lands and buildings; lease-purchase agreements; lease or sublease of lands or buildings

§ 8-461 - Child safety collections; fund; definition

§ 8-462 - Housing assistance

§ 8-463 - Department of child safety employees; employees of contractors; fingerprint requirement

§ 8-464 - Electronic communication by department

§ 8-465 - Auditor general; department audit team; duties

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

§ 8-467 - Child welfare licensing fees; fund; uses; trust; definition

§ 8-471 - Office of child welfare investigations; training; responsibilities; annual report

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

§ 8-501 - Definitions

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

§ 8-503 - Powers and duties

§ 8-503.01 - Children and family services training program fund; purposes; status report; exemption from lapsing

§ 8-504 - Sanitation, fire and hazard inspection

§ 8-505 - Issuance of licenses; application; investigation; renewal

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

§ 8-506.01 - Denial, suspension, revocation or change of license; child welfare agency; appeal

§ 8-507 - Operation without license

§ 8-508 - Receipt of articles of incorporation

§ 8-509 - Licensing of foster homes; fingerprint waiver; restricted license; renewal of license; provisional license; exemption from licensure; immunization requirements

§ 8-509.01 - Prospective foster parent's blindness; burden of proof; specific written findings; definitions

§ 8-510 - Acceptance of children by agency

§ 8-511 - Short-term caregiver

§ 8-512 - Comprehensive medical and dental care; guidelines

§ 8-512.01 - Behavioral health services; urgent need; dependent and adopted children; definition

§ 8-512.02 - Comprehensive health plan expenditure authority fund; reversion

§ 8-513 - Participation in activities; contact with relatives; placement with siblings; independent living programs

§ 8-514 - Placement in foster homes

§ 8-514.01 - Placement of children with developmental disabilities

§ 8-514.02 - Placement of child

§ 8-514.03 - Kinship foster care; requirements; investigation

§ 8-514.04 - Kinship care program; requirements

§ 8-514.05 - Foster care provider and department access to child health information; consent to treatment

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

§ 8-514.07 - Kinship foster care; relative identification and notification

§ 8-514.08 - Educational decisions; parent contact information; inability to locate

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

§ 8-515.01 - Local foster care review boards; appointment; exclusions; terms; training; compensation; meetings

§ 8-515.02 - Case assignment; distribution of records

§ 8-515.03 - Duties of local foster care review boards

§ 8-515.04 - State foster care review board; members; personnel; training programs; compensation

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

§ 8-516 - Supervision of foster homes; reports; review of file; progress report

§ 8-517 - Withdrawal from foster home

§ 8-518 - Central registry; change of address; marital status

§ 8-519 - Records and reports

§ 8-520 - Violations; classification

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

§ 8-521.01 - Transitional independent living program

§ 8-521.02 - Extended foster care program; requirements

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

§ 8-523 - Special advocate program

§ 8-524 - Special advocate fund

§ 8-525 - Open court proceedings; closure; records

§ 8-526 - Child welfare; reporting requirements

§ 8-526.01 - Missing children; reporting requirements; definitions

§ 8-527 - Children in out-of-home care; noninterference with regular school activities

§ 8-528 - Newborn infants left with safe haven providers; placement protocol; definitions

§ 8-529 - Children in foster care; rights

§ 8-530 - Foster parents; rights

§ 8-530.01 - Placement of a child returning to foster care; notification

§ 8-530.02 - Child welfare; joint annual report

§ 8-530.03 - Child placement; time limits

§ 8-531 - Definitions

§ 8-531.01 - Prohibition

§ 8-532 - Jurisdiction; dependency based termination

§ 8-533 - Petition; who may file; grounds

§ 8-534 - Contents of petition

§ 8-535 - Notice of initial hearing; waiver; guardian ad litem

§ 8-536 - Social study before disposition; contents

§ 8-537 - Termination adjudication hearing

§ 8-538 - Court order; form; contents

§ 8-539 - Effect of court order

§ 8-540 - Court costs

§ 8-541 - Records; disclosure; exception

§ 8-542 - Confidentiality of information; violation; classification

§ 8-543 - Sibling information exchange program; definition

§ 8-544 - Termination decrees of other states

§ 8-548 - Enactment of compact; terms

§ 8-548.01 - Financial responsibility

§ 8-548.02 - Interstate compact administrator

§ 8-548.03 - Supplementary agreements

§ 8-548.04 - Financial arrangements

§ 8-548.05 - Visitation, inspection and supervision

§ 8-548.06 - Responsibilities of state departments, agencies and officers

§ 8-550.01 - Child abuse prevention fund; purpose; definition

§ 8-801 - Definitions

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

§ 8-803 - Limitation of authority; duty to inform

§ 8-804 - Central registry; notification; definition

§ 8-804.01 - Maintenance of reports; records

§ 8-805 - Immunity of participants; nonprivileged communications

§ 8-806 - Voluntary placement; conditions; notice of placement; time limit; rules

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

§ 8-807.01 - Incidents involving fatality or near fatality; definition

§ 8-808 - Parent assistance program

§ 8-809 - Parents' rights; information on website; rule changes

§ 8-810 - Missing children; notification; entry into databases

§ 8-811 - Hearing process; definitions

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

§ 8-813 - Preplacement investigation; medical examination; disposition

§ 8-814 - Permanent guardianship subsidy; offsets; annual review; discontinuation; appeals; definition

§ 8-815 - Indian child welfare act; inquiry

§ 8-816 - Family builders program; services; definitions

§ 8-817 - Initial screening and safety assessment and investigation protocols

§ 8-819 - Determination of neglect

§ 8-821 - Taking into temporary custody; medical examination; placement; interference; violation; classification; definition

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

§ 8-823 - Notice of taking into temporary custody

§ 8-824 - Preliminary protective hearing; probable cause; appointment of counsel

§ 8-825 - Court determinations in preliminary protective hearing

§ 8-826 - Further hearings and proceedings

§ 8-827 - Background checks of adults residing in potential emergency placement homes; disqualifying criminal offenses; definitions

§ 8-829 - Judicial determinations; timing; documentation

§ 8-831 - Parent's blindness; burden of proof; specific written findings; definitions

§ 8-841 - Dependency petition; service; preliminary orders; hearing

§ 8-842 - Initial dependency hearing; deadlines

§ 8-843 - Initial dependency hearing; rights

§ 8-844 - Dependency adjudication hearing; settlement conference or mediation

§ 8-844.01 - Allegation of aggravating circumstance

§ 8-845 - Disposition hearing

§ 8-846 - Services provided to the child and family

§ 8-847 - Periodic review hearings

§ 8-861 - Return of child

§ 8-862 - Permanency hearing

§ 8-863 - Hearing to terminate parental rights; notice; grounds

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

§ 8-871 - Permanent guardianship of a child

§ 8-872 - Permanent guardianship; procedure

§ 8-873 - Revocation of permanent guardianship

§ 8-873.01 - Permanent guardianship dependency proceedings; reunification services

§ 8-874 - Appointment of successor permanent guardian

§ 8-882 - Program development

§ 8-883 - Requirements for contractors

§ 8-884 - Evaluation of community programs; annual report

§ 8-891 - In-home intervention

§ 8-892 - Compliance

§ 8-901 - Missing, kidnapped or runaway children; mandatory reporting

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

§ 8-1151 - Findings and declarations

§ 8-1152 - Definitions

§ 8-1161 - Responsibilities of regional partnership councils

§ 8-1162 - Composition of regional partnership councils; reimbursement of expenses; immunity

§ 8-1163 - Staff support for regional partnership councils

§ 8-1164 - Designation of regions

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

§ 8-1172 - Program and grant proposal requirements

§ 8-1173 - Procedures for the award of regional grants

§ 8-1174 - Program and grantee accountability

§ 8-1181 - Early childhood development and health fund

§ 8-1182 - Acceptance of gifts and grants; acceptance of federal, state and local monies; use

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

§ 8-1184 - Budget and funding process

§ 8-1185 - Allocation of funds

§ 8-1186 - Annual audit

§ 8-1191 - Members; appointment; terms; oath; immunity

§ 8-1192 - Powers and duties

§ 8-1193 - Public record, open meeting, and conflict of interest laws

§ 8-1194 - Meetings; travel expenses

§ 8-1195 - Executive director compensation; duties; regional and board staff; central office; expenditure of funds