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Rule 222. Disposition

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
2. Delinquency Proceedings
Effective: July 1, 2022
17B A.R.S. Juv.Ct.Rules of Proc., Rule 222
Formerly cited as AZ ST JUV CT Rule 30
Rule 222. Disposition
(a) Disposition Report. Before the disposition hearing, the court may order the probation officer to prepare and submit a written report to the court with recommendations regarding the juvenile's disposition. The disposition report and any attachments to that report are confidential and must be withheld from public inspection except upon court order. The report must be submitted to the court and be made available to the attorneys for the parties, or to the juvenile if unrepresented by counsel, at least 3 court days before the disposition hearing.
(1) Contents of the Report. The disposition report must include:
(A) the juvenile's delinquency referral and detention history;
(B) an evaluation of the juvenile's risk of reoffending and identified needs, including the strengths of the juvenile and family;
(C) a victim impact statement;
(D) any information furnished by the victim regarding restitution; and
(E) the probation officer's case assessment and recommendations for treatment and disposition.
(2) Availability of Report to the Victim. On request, the court must provide the victim with the following information contained in the disposition report:
(A) the juvenile's delinquency referral and detention history, and
(B) the probation officer's case assessment and recommendations for treatment and disposition.
(3) Waiver of Report. If the victim has provided, or has had an opportunity to provide, a written or oral impact statement, the parties with court approval may waive the disposition report.
(4) Evaluation of Juvenile. Before the disposition hearing, the court may order the juvenile to submit to a physical, psychiatric, or psychological evaluation, or any combination of evaluations.
(5) Release of Information. The court may withhold from the parties any material that might be psychologically damaging to them, or that might be destructive of relationships between family members.
(6) Disposition Reports and Records. Disposition reports and any Rule 215(a)(2) social file records included with the report must be retained in a confidential and segregated disposition file pursuant to Rule 215(a)(1)(D). In the event of an appeal, the disposition file must be transmitted by the clerk as part of the record on appeal.
(b) Disposition Hearing.
(1) Time Limits.
(A) Juvenile Who is Detained. If the juvenile is detained, the court must hold a disposition hearing no later than 30 days after the adjudication, unless the juvenile waives time or time is excluded by the court under Rule 212.
(B) Juvenile Who is Not Detained. If the juvenile is not detained, the court must hold a disposition hearing no later than 45 days after the adjudication, unless the juvenile waives time or time is excluded by the court under Rule 212.
(C) Continuance. The court on its own or on a party's motion may continue a disposition hearing for good cause. If the juvenile is detained, the disposition may be continued for more than 30 days after the date initially set for disposition, but only if the juvenile consents in open court.
(2) Procedure. When the court makes a finding that a juvenile is delinquent, the court must make a disposition of the matter as provided by law or set the matter for a disposition hearing. The court may assign the matter to another judge or a juvenile hearing officer. The victim has the right to be present and to address the court.
(3) Findings and Orders. At the close of the disposition hearing, the court must make findings in a signed minute entry or written order. If the disposition is probation, the order must include the conditions of probation.
(4) Advisements. Following the entry of its disposition order, the court must advise the juvenile and provide written notice of the following:
(A) the right to appeal and the method of appeal;
(B) the ability to set aside the adjudication;
(C) the right to destruction of records;
(D) if appropriate, a felony offender warning; and
(E) if the disposition is for a felony offense, the prohibition concerning firearms.

Credits

Added Dec. 8, 2021, effective July 1, 2022.
17B A. R. S. Juv. Ct. Rules of Proc., Rule 222, AZ ST JUV CT Rule 222
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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