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Rule 19. Records and Proceedings

Arizona Revised Statutes AnnotatedRules of Procedure for the Juvenile Court

Arizona Revised Statutes Annotated
Rules of Procedure for the Juvenile Court (Refs & Annos)
Part II. Delinquency and Incorrigibility
1. General Delinquency Provisions
17B A.R.S. Juv.Ct.Rules of Proc., Rule 19
Rule 19. Records and Proceedings
A. Contents of Juvenile Court Files.
1. Legal File. The legal file of the juvenile court shall consist of all pleadings, motions, minute entries, orders, or other documents as provided by rule or ordered by the court. Within the legal file, the clerk shall file and segregate confidential documents, including any information and documents from the social file submitted to the court as provided in Rule 30(A). In addition, the court may close all or part of the legal file upon a finding of a need to protect the welfare of the victim or another person or a clear public interest in confidentiality. With the exception of the portions of the file identified as confidential by law, rule, or court order, or ordered closed by the judge, the legal file shall be open to public inspection without order of the court. The court shall state its reasons for withholding the legal file, or portions thereof, from public inspection.
2. Social File. The social file shall be maintained by the probation department and may consist of all social records, including diagnostic evaluations, psychiatric and psychological reports, treatment records, medical reports, social studies, Department of Child Safety records, police reports, disposition reports, detention records, and records and reports or work product of the probation department. The social file of the juvenile shall be confidential and withheld from public inspection except upon order of the court.
B. Proceedings. Delinquency, incorrigibility, diversion involving delinquent acts and transfer proceedings shall be open to the public, except upon the court's written finding of a need to protect the best interests of a victim, the juvenile, a witness, the state, or a clear public interest in confidentiality.
1. Request to Close Hearing. Any person requesting that a hearing or portion thereof be closed to the public shall give notice of such request to the parties, or to any other person designated by the court, which may include one or more media representatives. The court shall hold a hearing, prior to the proceeding, to determine whether the proceeding should be closed and shall consider the positions of the parties. In determining whether to close a hearing or any portion thereof, the judge may consider any relevant factors, including the likelihood that an open hearing may:
a. Be emotionally harmful to a participant, or
b. Inhibit testimony or the disclosure or discussion of information material to the truth-finding or rehabilitation process, or
c. Otherwise interfere with the emotional well-being of the victim.
C. Release of Juvenile Court Files.
1. Release to Juvenile Probation Departments. In addition to records open to public inspection, the juvenile court may release all records in its possession to a juvenile probation department when necessary for supervision of a juvenile.
2. Release to Federal Authorities. Upon request of the United States Attorney's Office, the juvenile court shall promptly release to that office for presentment to a federal magistrate judge any records concerning a juvenile who is arrested for a criminal offense, pursuant to 18 U.S.C. ยง 5032.

Credits

Added Oct. 27, 2000, effective Jan. 1, 2001. Amended Sept. 2, 2014, effective on an expedited basis, Sept. 1, 2014. Amended and effective on a permanent basis, Dec. 16, 2014. Amended Sept. 2, 2016, effective Jan. 1, 2017; Dec. 13, 2018, effective Jan. 1, 2019.
17B A. R. S. Juv. Ct. Rules of Proc., Rule 19, AZ ST JUV CT Rule 19
State Court Rules are current with amendments received through 11/1/21. The Code of Judicial Administration is current with amendments received through 11/1/21.
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