Title 8 — Child Safety

This article applies to acts that are committed by a juvenile and that if committed by an adult would be either: 1. A misdemeanor offense. 2. A felony offense. 3. A petty offense. 4. A violation of a local criminal ordinance.

In this article, unless the context otherwise requires: 1. "Accused" means a juvenile who is referred to juvenile court for committing a delinquent act. 2. "Appellate proceeding" means any contested matter before the state court of appeals, the state supreme court, a federal cour…

A. Except as provided in sections 8-386 and 8-412 and section 8-389, subsection B, the rights and duties that are established by this article arise on the arrest or formal charging of a juvenile who is alleged to be responsible for a delinquent act against a victim. The rights an…

A. If a criminal offense against a victim has been charged but the prosecution on the count or counts involving the victim has been or is being dismissed as the result of a plea agreement in which the defendant is pleading to or pled to other charges, the victim of the offenses i…

A. If a victim is physically or emotionally unable to exercise any right but is able to designate a lawful representative who is not a bona fide witness, the designated person may exercise the same rights that the victim is entitled to exercise. The victim may revoke this designa…

Any corporation, partnership, association or other legal entity that, except for its status as an artificial entity, would be included in the definition of victim in section 8-382 shall be afforded the following rights: 1. Within a reasonable time after arrest, the prosecutor sha…

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 asso…

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…

A. On the issuance of an arrest warrant, the court issuing the warrant shall state in the warrant whether the person named in the warrant is to be arrested for or is to be charged with committing an offense to which this article applies or that is materially related to an offense…

On the request of the victim, the juvenile probation department or the department of juvenile corrections shall provide a copy of the terms and conditions of release. The copy of the terms and conditions of release may be provided to the victim in an electronic form, pamphlet, in…

If an accused is accepted into a diversion program pursuant to section 8-321, the probation department administering the program shall give the victim notice of the conditions that the accused must comply with in order for the complaint or citation to be adjusted or dismissed. Th…

A. If the victim has requested notice and if the accused is in custody at the time of charging, or seven days after the prosecutor charges a delinquent offense if the accused is not in custody, the prosecutor's office shall give the victim notice of the following: 1. All of the v…

A. The court shall give notice to the prosecutor's office in a timely manner of any changes in scheduled proceedings. B. Except for detention hearings the court shall provide notice of all proceedings to the prosecutor's office at least five days before a scheduled proceeding. C.…

A. On request the prosecutor's office, within fifteen days after the adjudication, transfer, acquittal or dismissal of the charges against the accused, shall give notice to the victim of the offense or offenses for which the accused was adjudicated delinquent, transferred for adu…

A. Within fifteen days after the disposition proceeding the prosecutor's office, on request, shall notify the victim of the disposition imposed on the juvenile defendant. B. The prosecutor's office shall provide the victim with a form that allows the victim to request postadjudic…

A. Within fifteen days after a juvenile defendant is committed to the department of juvenile corrections, the prosecutor's office shall notify the victim of the right of the victim, any member of the victim's family or any member of the victim's household to request not to receiv…

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 …

A. If the victim has made a request for postadjudication notice, the director of the department of juvenile corrections shall mail to the victim the following information about a delinquent in the custody of the department of juvenile corrections: 1. Within thirty days after the …

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 t…

A. On request of a victim who has provided an address or other contact information, the probation department shall notify the victim of any of the following: 1. A probation revocation disposition proceeding or any proceeding in which the court is asked to terminate the probation …

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, wi…

A. The victim shall provide to and maintain with the law enforcement agency that is responsible for providing notice to the victim a request for notice on a form that is provided by that agency or the investigating law enforcement agency. The form shall include a telephone number…

A. On request of the victim, the prosecuting attorney shall confer with the victim about the disposition of a delinquent offense, including the victim's views about a decision not to proceed with prosecution, dismissal, withdrawal of a request for transfer, plea or disposition ne…

The victim has the right to be present throughout all court hearings in which the accused or delinquent has the right to be present.

The victim has the right to be heard at the detention hearing of the person suspected of committing the delinquent act against the victim.

The victim has the right to be heard at any proceeding in which the court considers the postarrest release of the juvenile accused of committing a delinquent act against the victim or the conditions of that release.

A. On request of the victim, the victim has the right to be present and be heard at any proceeding in which a negotiated plea for the juvenile accused of committing the delinquent act against the victim will be presented to the court. B. The court shall not accept a plea agreemen…

A. The victim may submit a written impact statement or make an oral impact statement to the probation officer for the officer's use in preparing a predisposition or transfer report. B. In preparing the predisposition or transfer report, the probation officer shall consider the ec…

A. The victim may present evidence, information and opinions that concern the delinquent act, the delinquent, the disposition or the need for restitution at any predisposition or disposition proceeding. B. At any disposition proceeding the victim has the right to be present and t…

A. The victim has the right to be present and be heard at any probation revocation disposition proceeding or any proceeding in which the court is requested to terminate the probation or intensive probation of a delinquent who committed a delinquent act against the victim. B. The …

A. The victim has discretion to exercise the victim's rights under this article to be present and be heard at a court proceeding, and the absence of the victim at the court proceeding does not preclude the court from continuing the proceeding. B. Except as provided in subsection …

A. On request of the victim and after consultation with the prosecuting attorney, the law enforcement agency responsible for investigating the delinquent act shall return to the victim any property belonging to the victim that was taken during the course of the investigation or s…

A. A crime victim advocate shall not disclose as a witness or otherwise any communication made by or with the victim, including any communication made to or in the presence of others, unless the victim consents in writing to the disclosure. B. Unless the victim consents in writin…

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 w…

If the prosecutor decides not to move to revoke the release of the juvenile defendant, the prosecutor shall inform the victim that the victim may petition the court to revoke the release of the juvenile defendant based on the victim's notarized statement asserting that harassment…

A. Unless the victim consents, the victim shall not be compelled to submit to an interview on any matter, including any alleged delinquent act witnessed by the victim and that occurred on the same occasion as the delinquent act against the victim, or filed in the same petition or…

A. The victim has the right at any court proceeding not to testify regarding any identifying or locating information unless the victim consents or the court orders disclosure on finding that a compelling need for the information exists. A court proceeding on the motion shall be i…

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 …

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 victi…

A. The rights enumerated in the victims' bill of rights, article II, section 2.1, Constitution of Arizona, any implementing legislation or court rules belong to the victim. The victim has standing to seek an order, to bring a special action or to file a notice of appearance in a …

This article shall be liberally construed to preserve and protect the rights to which victims are entitled.

The presiding judge of the juvenile court in each county may establish and provide voluntary victim reconciliation and restitution services to assist victims of juvenile crimes.

1. Leave work to exercise the employee's right to be present at a proceeding pursuant to sections 8-395, 8-400, 8-401, 8-402, 8-403, 8-405, 8-406 and 8-415. 2. Obtain or attempt to obtain an order of protection, an injunction against harassment or any other injunctive relief to h…

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 t…

A. The court shall allow a victim who is under eighteen years of age to have a facility dog, if available, accompany the victim while testifying in court. A party seeking the use of a facility dog must file a notice with the court that includes the certification of the facility d…

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 …

A. The governor shall appoint the director of the department pursuant to section 38-211. The director serves at the pleasure of the governor. B. At a minimum, the director shall have: 1. Administrative experience in the protection of children from maltreatment and in family suppo…

A. The director shall: 1. Carry out the purposes of the department prescribed in section 8-451. 2. Provide transparency by being open and accountable to the public for the actions of the department. 3. Develop a data system that enables persons and entities that are charged with …

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…

A. The department shall operate and maintain a centralized intake hotline to protect children by receiving at all times communications concerning suspected abuse or neglect. If a person communicates suspected abuse or neglect to a department employee other than through the hotlin…