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Rule 225. Intercounty Transfers

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 225
Formerly cited as AZ ST JUV CT Rule 20
Rule 225. Intercounty Transfers
(a) Transfer of Disposition Hearing.
(1) The court may order the transfer of a disposition hearing to the county of the juvenile's residence if the parties agree, the victim has an opportunity to be heard, and the juvenile waives time pending the disposition hearing. The presiding juvenile judge or the judge's designee in the sending county must also confer with, and obtain the consent of, the presiding juvenile judge or designee in the receiving county before entry of the order. The sending county must send a copy of the transfer order to the receiving county.
(2) No later than 10 days after entry of the transfer order, the court clerk in the sending county must forward a certified copy of the legal file, together with a transmittal letter, to the court clerk in the receiving county. Upon receipt, the transmittal letter must be signed by court clerk in the receiving county and returned to the court clerk in the sending county.
(3) No later than 10 days after entry of the transfer order, the probation department in the sending county must send copies of the social file and any other pertinent information to the probation department in the receiving county.
(b) Post-Disposition Transfer of the Case.
(1) After the disposition, the court may order the transfer of a case from the county in which the disposition occurred to the county of the juvenile's residence if:
(A) the juvenile and the juvenile's parent reside or will reside outside the county of original jurisdiction;
(B) provision is made for the victim to be heard; and
(C) the court in the receiving county consents to the transfer.
(2) The court may order the transfer of a case upon request of the probation department, or upon a request or petition from a party. The court may set a hearing on the request or petition.
(3) If the court orders the transfer, the clerk of the court in the county of original jurisdiction must forward a certified copy of the legal file, together with a transmittal letter, to the clerk of the court in the receiving county no later than 10 days after the order of transfer. Upon receipt, the transmittal letter must be signed by the clerk in the receiving county and returned to the clerk in the county of original jurisdiction.
(4) The county probation department transferring the case must send copies of the social file and any other pertinent information to the director of court services in the receiving county for processing.
(5) The juvenile probation officer must request the court to conduct a review hearing to affirm 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 in the receiving county assumes jurisdiction of the case.
(c) Courtesy Probation Supervision.
(1) “Courtesy probation supervision” means the transfer of the probationer's supervision to another county. In a case with courtesy probation supervision, the sending court retains jurisdiction over the probationer and is responsible for the collection of fees, restitution, and any violations of probation.
(2) The court may authorize a juvenile placed on probation to reside in another county upon verification that the juvenile probation department in the receiving county can provide courtesy probation supervision in accordance with the terms and conditions originally imposed upon the juvenile.
(3) 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.
(d) Residential Placements. This rule does not apply to out-of-county residential placements.

Credits

Added Dec. 8, 2021, effective July 1, 2022.
17B A. R. S. Juv. Ct. Rules of Proc., Rule 225, AZ ST JUV CT Rule 225
State Court Rules are current with amendments received through May 1, 2024. The Code of Judicial Administration is current with amendments received through May 1, 2024.
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