ARIZONA STATE SENATE
Phoenix, Arizona
juvenile detention costs
Purpose
Allows a juvenile court that
commits a child to a juvenile detention facility to direct the child or the
child’s estate, parent, guardian or custodian to bear the cost of the child’s
maintenance, including food, clothing, shelter and supervision.
Background
Arizona law allows families
and guardians of juveniles who are court-ordered into specified services,
including probation or court-ordered treatment, to be charged fees for the
provided services. Additionally, the
court can require the child’s parent or guardian to bear the charge, expense
and maintenance of the child, including the child’s medical, dental and mental
health care, while the child is committed to the custody of the Arizona
Department of Juvenile Corrections.
However, juvenile courts do not have statutory authority to direct
families to pay for the costs of detaining juveniles in juvenile detention
centers, which are county facilities.
The County Supervisors
Association of Arizona seeks the authority for counties to recoup some of the
costs for detaining juveniles in juvenile detention facilities. H.B. 2203 requires a judge to assess the
resources available for reimbursement of the child’s maintenance costs,
including food, clothing, shelter and supervision and allows the juvenile court
to direct a child’s family or guardian to pay a portion of those costs.
There is no anticipated
fiscal impact to the state general fund.
Provisions
1. Requires a juvenile court, when a child is committed to a juvenile detention facility, to inquire into the ability of the child or the child’s estate, parent, guardian or custodian to bear the charges, expenses and maintenance of the child, including food, clothing, shelter and supervision.
2. Allows the juvenile court to fix the amount of costs and direct the child or the child’s estate, parent, guardian or custodian to pay the amount to the juvenile court if the court is satisfied that the individual or entity can bear the charges or any portion of the charges.
3. Excludes foster parents and group homes from financial responsibility for the child’s maintenance costs in a juvenile detention facility.
4. Permits an assessment charged for a juvenile’s maintenance in a juvenile detention facility to be collectible as a civil judgment.
5. Requires the juvenile court to acknowledge receipt of the maintenance monies and transmit the monies to the county treasurer.
6. Requires the juvenile court to transmit a copy of the court’s order concerning payment along with the commitment order.
7. Makes technical changes.
8. Provides for a general effective date.
PIRA 1/29/02 DP 7-1-1-1-0
JUD 2/12/02 DPA 10-0-0-0-0
3rd Read 3/26/02 54-4-2-0-0
Prepared by Senate Staff
March 28, 2002