PLEASE NOTE: In most BUT NOT ALL instances, the page and line numbering of bills on this web site correspond to the page and line numbering of the official printed version of the bills.
------------------------------------------------------------- ¦ REFERENCE TITLE: juvenile offenders; prevention; definition ¦ ------------------------------------------------------------- ¦ ¦ ¦ ¦ ¦ ¦ ¦ State of Arizona ¦ ¦ Senate ¦ ¦ Forty-fifth Legislature ¦ ¦ Second Regular Session ¦ ¦ 2002 ¦ ¦ ¦ ------------------------------------------------------------- ¦ SB 1109 ¦ ------------------------------------------------------------- ¦ Introduced by ¦ ¦ Senator Smith ¦ -------------------------------------------------------------
AN ACT
AMENDING SECTION 8-201, ARIZONA REVISED STATUTES; RELATING TO JUVENILE COURT.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 8-201, Arizona Revised Statutes, is amended to read:
8-201. Definitions
In this title, unless the context otherwise requires:
1. "Abandoned" means the failure of the parent to provide reasonable support and to
maintain regular contact with the child, including providing normal
supervision. Abandoned includes a judicial finding that a parent has made only minimal
efforts to support and communicate with the child. Failure to maintain a normal parental
relationship with the child without just cause for a period of six months shall
constitute 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 pursuant to section 8-821 and which is caused by the acts or
omissions of an individual having care, custody and control of a child. Abuse shall
include inflicting or allowing sexual abuse pursuant to section 13-1404, sexual conduct
with a minor pursuant to section 13-1405, sexual assault pursuant to section 13-1406,
molestation of a child pursuant to section 13-1410, commercial sexual exploitation of a
minor pursuant to section 13-3552, sexual exploitation of a minor pursuant to section
13-3553, incest pursuant to section 13-3608 or child prostitution pursuant to section
13-3212.
3. "Adult" means a person who is eighteen years of age or older.
4. "Adult court" means the appropriate justice court, municipal court or criminal division of the superior court that has jurisdiction to hear proceedings concerning offenses committed by juveniles as provided in sections 8-327 and 13-501.
5. "Award" or "commit" means to assign legal custody.
6. "Child", "youth" or "juvenile" means an individual who is under 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 section 13-3903.
(c) Accompanied by an affidavit of a law enforcement officer or employee that swears on information and belief to the accuracy of the complaint pursuant to section 13-4261.
8. "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 committed a specific delinquent act as set forth in a petition.
10. "Delinquent act" means an act by a juvenile which 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 which THAT can only be violated by a minor
and which THAT has been designated as a delinquent offense, or any ordinance of
a city, county or political subdivision of this state defining crime. Delinquent act
does not include an offense under section 13-501, subsection A or B if the offense is
filed in adult court. Any juvenile who is prosecuted as an adult or who is remanded for
prosecution as an adult shall not be adjudicated as a delinquent juvenile for the same
offense.
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, or 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.
(iii) Under the age of eight years 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.
(iv) Incompetent or not restorable to competency and who is alleged to have committed a serious offense as defined in section 13-604.
(b) Does not include a child who in good faith is being furnished Christian Science treatment by a duly accredited practitioner if none of the circumstances described in subdivision (a) of this paragraph exists.
14. "Detention" means the temporary confinement of a juvenile who requires secure care in a physically restricting facility that is completely surrounded by a locked and physically secure barrier with restricted ingress and egress for the protection of the juvenile or the community pending court disposition or as a condition of probation.
15. "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
such THAT person.
(b) Is habitually truant from school as defined in section 15-803, subsection C.
(c) Is a runaway from the child's home or parent, guardian or custodian.
(d) Habitually behaves in such a manner as to injure or endanger the morals or health of self or others.
(e) Commits any act constituting an offense which THAT can only be
committed by a minor and which 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.
16. "Independent living program" includes a residential program with supervision of less than twenty-four hours a day.
17. "Juvenile court" means the juvenile division of the superior court when exercising its jurisdiction over children in any proceeding relating to delinquency, dependency or incorrigibility.
18. "Law enforcement officer" means a peace officer, sheriff, deputy sheriff, municipal police officer or constable.
19. "Medical director of a mental health agency" means a psychiatrist, or licensed physician experienced in psychiatric matters, who is designated in writing by the governing body of the agency as the person in charge of the medical services of the agency, or a psychiatrist designated by the governing body to act for the director. The term includes the superintendent of the state hospital.
20. "Mental health agency" means any private or public facility which 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 which utilizes THAT USES secure settings or
mechanical restraints.
21. "Neglect" or "neglected" means the inability or unwillingness of a parent, guardian or custodian of a child to provide that child with supervision, food, clothing, shelter or medical care if that inability or unwillingness causes substantial risk of harm to the child's health or welfare, except if the inability of a parent or guardian 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.
22. "Petition" means a written statement of the essential facts that allege delinquency, incorrigibility or dependency.
23. "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.
23. 24. "Protective supervision" means supervision THAT IS
ordered by the juvenile court of children who are found to be dependent or
incorrigible.
24. 25. "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.
25. 26. "Secure care" means confinement in a facility that is completely
surrounded by a locked and physically secure barrier with restricted ingress and egress.
26. 27. "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.