Home Table of Contents

Rule 20. Intercounty Transfers

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 20
Rule 20. Intercounty Transfers
A. Eligibility.
1. The court may authorize the transfer of a disposition hearing to the county of the juvenile's residence upon agreement of the parties, which shall include the court of the receiving county. This agreement shall ensure that the victim of the offense has had the opportunity to be heard, declines to be present at the hearing and agrees to the transfer.
2. The court may authorize the transfer of a case from the county of disposition to the county of residence under probation supervision in accordance with this rule.
B. Transfer of Disposition Hearing.
1. The clerk of the court in the county of original jurisdiction shall forward a certified copy of the legal file, together with a transmittal letter, to the clerk of the court in the receiving county within ten (10) days of the order of transfer. Upon receipt, the transmittal letter shall be signed by clerk of the court in the receiving county and returned to the clerk of the court in the county of original jurisdiction.
2. Upon agreement of all parties to the transfer of a case for disposition, the county probation department transferring the case shall send copies of the social file and any other pertinent information to the director of court services in the receiving county at least fourteen (14) days prior to the disposition hearing.
C. Courtesy Probation Supervision.
1. The court may authorize a juvenile placed on probation to reside in another county upon verification that the court in the receiving county can provide courtesy probation supervision in accordance with the terms and conditions originally imposed upon the juvenile.
2. If the receiving county is unable to ensure that the terms and conditions of probation can be supervised as ordered, the court in the sending county may, after a hearing, amend the terms and conditions of probation to permit transfer.
3. The court in the sending county shall retain jurisdiction over the juvenile and shall be responsible for the collection of fees, restitution and any violations of probation.
D. Transfer of Probation.
1. If the juvenile is expected to continue to reside outside the county of original jurisdiction for more than one hundred and twenty (120) days, the court may order a transfer of probation supervision to the county in which the juvenile and parent, guardian or legal custodian reside.
2. The clerk of the court in the county of original jurisdiction shall forward a certified copy of the legal file, together with a transmittal letter, to the clerk of the court in the receiving county within ten (10) days of the order of transfer-Upon receipt, the transmittal letter shall be signed by the clerk of the court in the receiving county and returned to the clerk of the court in the county of original jurisdiction.
3. The county probation department transferring the case shall send copies of the social file and any other pertinent information to the director of court services in the receiving county for processing.
4. The juvenile probation officer shall request that the court conduct a review hearing to affirm and/or modify the terms and conditions of supervision to include the payment of fees and restitution. Upon granting a transfer of probation supervision, the court of the receiving county shall assume jurisdiction of the case.
E. Residential Placements. This rule does not apply to out-of-county residential placements.

Credits

Added Oct. 27, 2000, effective Jan. 1, 2001.
17B A. R. S. Juv. Ct. Rules of Proc., Rule 20, AZ ST JUV CT Rule 20
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.
End of Document