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Rule 208. The Juvenile's Attendance at Court Proceedings; Competence; Restraints

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 208
Formerly cited as AZ ST JUV CT Rule 12
Rule 208. The Juvenile's Attendance at Court Proceedings; Competence; Restraints
(a) Personal Appearance. A juvenile must personally appear in court for the following proceedings:
(1) a detention hearing;
(2) an advisory hearing;
(3) a transfer hearing;
(4) a change of plea hearing;
(5) an adjudication hearing; and
(6) a disposition hearing.
(b) Virtual Appearance. If the parties agree and if authorized by the court, the juvenile may make a personal appearance virtually as provided by this rule and Rules 110 and 209.
(c) Voluntary Absence. The court may infer that a juvenile's absence is voluntary if the juvenile:
(1) was notified of the date, time, and place of the hearing;
(2) was advised that the hearing would proceed in the juvenile's absence if the juvenile failed to appear;
(3) fails to appear; and
(4) has not shown good cause for the non-appearance.
(d) Effect of a Voluntary Absence. The court may proceed with a hearing, other than a disposition hearing, if the court finds the juvenile is voluntarily absent. Following the juvenile's non-appearance at any hearing, the court also may issue a warrant to secure the juvenile's attendance for a future hearing.
(e) Competence. A juvenile may not participate in a delinquency proceeding if the court determines that the juvenile is not competent. The procedure for making that determination is provided in A.R.S. ยงยง 8-291 through 8-291.11.
(f) Mechanical Restraints. Mechanical restraints include handcuffs, leg irons, belly chains, zip ties, spit hoods and masks, and any other device used to restrain movement of the arms, legs, or torso.
(1) When a juvenile appears before a judicial officer at a hearing in the juvenile's delinquency case, the juvenile must be free of mechanical restraints, unless there are no less restrictive alternatives that will prevent flight or physical harm. A juvenile appearing before a judicial officer may object to the use of restraints. After the judicial officer has heard from the juvenile, the State, and any detention personnel, and after considering the factors in subpart (f)(2), the judicial officer must approve or disapprove of the use of restraints.
(2) Relevant factors in determining whether the use of mechanical restraints is warranted include:
(A) the juvenile has displayed threatening or physically aggressive behavior;
(B) the juvenile has expressed an intention to flee or has previously attempted to flee from detention; and
(C) a present security situation in the courtroom or courthouse, including a risk of gang violence or gang-related conduct or a specific concern due to a witness's presence, which warrants the use of mechanical restraints.
(3) A prior judicial determination that the juvenile should appear free of mechanical restraints remains in effect until the court orders otherwise.
(4) Any restraints should allow the juvenile to read, handle documents, and write.
(5) The use of mechanical restraints outside the courtroom is governed by the Arizona Juvenile Detention Standards.

Credits

Added Dec. 8, 2021, effective July 1, 2022.
17B A. R. S. Juv. Ct. Rules of Proc., Rule 208, AZ ST JUV CT Rule 208
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.
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