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Rule 202. Referral; Diversion

Arizona Revised Statutes AnnotatedRules of Procedure for the Juvenile CourtEffective: July 1, 2022

Arizona Revised Statutes Annotated
Rules of Procedure for the Juvenile Court (Refs & Annos)
Part II. Delinquency
1. Delinquency Scope and Procedures
Effective: July 1, 2022
17B A.R.S. Juv.Ct.Rules of Proc., Rule 202
Formerly cited as AZ ST JUV CT Rule 22;  AZ ST JUV CT Rule 33
Rule 202. Referral; Diversion
(a) Definition of “Parent.” “Parent” as used in the delinquency rules includes a parent, guardian, or custodian.
(b) Referral. A referral for incorrigible or delinquent conduct must include:
(1) the name, age, gender, and address of the juvenile named in the referral;
(2) the names and addresses, if known, of the juvenile's parents or the juvenile's spouse, if any;
(3) if the juvenile is in custody, the place of detention and the date and time the juvenile was taken into custody;
(4) a concise statement of facts, including with reasonable particularity the date, time, place, and manner of the alleged acts of the juvenile that bring the juvenile within the court's jurisdiction, and the law or standard of conduct that the acts allegedly violated; and
(5) the signature of the person responsible for filing the referral.
(c) Record of Referral. Any authorized juvenile court personnel who receives a referral must make a record of the referral in the manner prescribed by the juvenile court in that county.
(d) Citation. A referral for any designated misdemeanor or petty offense may be made by the filing of an Arizona Traffic Ticket and Complaint, otherwise known as a citation, in lieu of a petition. Service of the citation upon the juvenile by a law enforcement officer serves as notice that the juvenile is to appear at the location, date, and time stated on the citation. A case initiated by citation may be diverted by the prosecutor pursuant to section (e).
(e) Diversion.
(1) Meaning. “Diversion” is a way of resolving a referral under A.R.S. § 8-321 without filing a petition.
(2) Prosecutorial Discretion. The prosecutor has sole discretion to divert the prosecution of a juvenile to a community-based program or to a program administered by the juvenile court.
(3) Notice to the Victim. If the juvenile is accepted into such a program, the victim must be notified as provided by A.R.S. § 8-388.
(f) Submission. If the juvenile is not eligible for diversion, the authorized juvenile personnel must submit the referral to the prosecutor.

Credits

Added Dec. 8, 2021, effective July 1, 2022.
17B A. R. S. Juv. Ct. Rules of Proc., Rule 202, AZ ST JUV CT Rule 202
State Court Rules are current with amendments received through November 15, 2023. The Code of Judicial Administration is current with amendments received through November 1, 2023.
End of Document