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Rule 205. Notice to Appear; Service; Failure to Appear

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 205
Formerly cited as AZ ST JUV CT Rule 26
Rule 205. Notice to Appear; Service; Failure to Appear
(a) Notice to Appear. After the State has filed a petition, the juvenile and the juvenile's parent must be given written notice to appear in court. The court for good cause may waive the appearance of the parent. The notice must:
(1) contain the name and address of the person to whom the notice is directed;
(2) contain the location, date, and time of the hearing on the petition;
(3) contain the name of the juvenile involved in the alleged offense;
(4) advise the person to whom the notice is directed that failure to appear will result in sanctions against the person, which may include being held in contempt; and
(5) advise the juvenile, if the juvenile is appearing for an offense listed in A.R.S. ยง 13-610(O)(3), to appear at a designated time and place for taking a sample of buccal cells or other bodily substances for DNA testing, and to provide proof of compliance at the proceeding to which the juvenile has been summoned.
(b) Service of the Petition and Notice to Appear.
(1) First Class Mail. The petition and notice to appear must be served by first class mail upon the juvenile, the juvenile's parent, and if the juvenile is not living with the parent, upon the juvenile's guardian or custodian. A single notice may be mailed to both the parent and the juvenile if they have the same residence address.
(2) Certified Mail, Personal Service. If the court finds that the parent and juvenile failed to appear at the advisory hearing after service by first class mail, the court may approve:
(A) service by certified mail, return receipt requested. Return of the receipt is prima facie evidence of service, or
(B) personal service by an authorized juvenile court officer or an officer authorized to serve process in a civil action. Each party must be personally served.
(c) Failure to Appear. The court may issue a warrant under this rule only if the court has found probable cause to believe that the juvenile has committed an offense alleged in the petition.
(1) Provisional Warrant. The court may issue a provisional warrant to ensure the juvenile's appearance. A provisional warrant authorizes a juvenile probation officer or a law enforcement officer to temporarily detain a juvenile for the limited purpose of obtaining a future court date from the court and providing that date to the juvenile. A provisional warrant may also be known as a discretionary warrant, a temporary detention warrant, or by other names.
(2) Arrest Warrant. For good cause and in the interests of justice, the court may compel the juvenile's attendance by issuing a warrant for the juvenile's arrest, if it appears the juvenile's failure to appear was willful.
(3) Contempt. If, without good cause, a parent fails to appear in court after being served with a notice to appear, the court may set a hearing on an order to show cause why the parent should not be held in contempt. The order to show cause must be served as required under section (b). The parent's failure to appear does not prevent the court from proceeding.

Credits

Added Dec. 8, 2021, effective July 1, 2022.
17B A. R. S. Juv. Ct. Rules of Proc., Rule 205, AZ ST JUV CT Rule 205
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