Juvenile


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November 16, 2006 . . . . . . . . . . . . JV 06-0067 . . . . . . . . . . . . In Re Brittany Y.


Issue No. 1:   Does the unauthorized removal of an electronic monitoring device and departure 
from home detention constitute an act of departing from “custody” for the purposes of 
determining whether a juvenile has committed the offense of escape in the third degree?

Issue No. 2:  Is a juvenile, previously adjudicated delinquent for a misdemeanor and placed 
in actual or constructive custody in the course of subsequent probation violation proceedings, 
considered to be in custody for a misdemeanor for the purposes of applying the definition of 
third degree escape under A.R.S. section 13-2502(A)?

June 27, 2006 . . . . . . . . . . . . . . . . . . .  JV 05-0003 . . . . . . . . . . . . . ..  Kelly R. v. ADES

1. Is a juvenile court required to appoint a guardian ad litem for a parent in a parental termination 
action merely because the State seeks termination under A.R.S. § 8-533 (b)(3)? No.

2. When is a juvenile court presented with reasonable grounds to believe that a parent in a parental 
termination action is "mentally incompetent" as that term is used in A.R.S. § 8-535 (F)? 

March 7, 2006 .. . . . . . . . . . . . . . . . . JV 05-0101/ JV 05-0102 . . . . . . . . . In Re: Hyrum H./In Re: Jacob H.

1. Did the juvenile court abuse its discretion by basing its juvenile incompetency findings in part on an expert's opinion that partially relied on an adult competency assessment tool developed for adult criminal proceedings?

2. Did the trial court improperly interpret the juvenile incompetency statute by not reading the juvenile definition of "incompetent" as requiring an underlying disease, defect or disability?

February 16, 2006 . . . . . . . . . . . .  JV 05-0039 . . . . . . . . . . . . . . Kenneth v. ADES

Does A.R.S. §§ 8-537(A), which indicates that there shall be a termination adjudication hearing when a parental termination matter is contested, preclude the use of summary judgment, where appropriate, to terminate parental rights?

December 28, 2005 . . . . . . . . . . JV 05-0038 . . . . . . . . Veronica T. v. ADES

Do A.R.S. §§ 8-861 and 8-862(A) permit subsequent permanency hearings in
parental termination cases?

September 15, 2005 . . . . . . . . . . . . .  JV 04-0206 . . . . . . . . . . . In Re:  William L., III

Did the juvenile court abuse its discretion when it awarded restitution to the victim in an amount more than the difference between the fair market value of the destroyed automobile and the insurance payout?

August 18, 2005 . . . . . . . . . . . . . . . .  JV 04-0165 . . . . . . . . . . . .  Monica C. v. ADES

Is a parent entitled to a new termination hearing when a notice of trial by jury is not provided?

August 9, 2005 . . . . . . . . . . . . . . . .  JV 04-0180 . . . . . . . . . . . Linda V. v. ADES

In a situation where  the mother failed to protect on child from fatal abuse, can ADES terminate her right to the other child that was neither neglected nor abused?

April 28, 2005 . . . . . . . . . . . . . . . . . JV 04-0203 . . . . . . . . . . . . In Re: Stephanie N.

If a juvenile has been adjudicated delinquent and placed on probation and a petition to revoke probation is filed within the one year but the probation violation hearing is held after the expiration of one year from the start of probation, does the juvenile court have jurisdiction under A.R.S. sections 8-341(B)(2), -202(G), and -246(A) to conduct the violation hearing and to impose continued probation? 

March 15, 2005 . . . . . . . . . . . . . . . JV 04-0181 . . . . . . . . . . . . In Re:  Daniel A.

1.    May the conditions of juvenile confinement be raised on direct appeal from a delinquency disposition?

2. Can the juvenile court order that ADJC provide specific services while the juvenile is committed to the custody of ADJC?

3. Must a disposition that includes an order that specific services e provided by ADJC be vacated in its entirety?

February 15, 2005 . . . . . . . . . . . . JV 04-0055 . . . . . . . . . . . . . . . James H. v. ADES

To justify severance on the basis that a parent has been sentenced to prison for such a length of time that the child will be deprived of a normal home for a period of years, A.R.S. § 8-533(B)(4), must ADES offer reunification services once the parent is sentenced?

October 21, 2004 . . . . . . . . . . . JV 04-0074 . . . . . . . . . . . In Re: Leopoldo L.

1.    Is A. R. S. § 13-610(O)(1), which authorizes DNA testing of juveniles adjudicated delinquent for sexual offenses, applicable to adjudications for attempted sexual offenses?

2.    Is the involuntary taking of a DNA sample under § 13-610 an unreasonable search that violates a juvenile's federal and state constitutional rights to privacy?

January 27, 2004 . . . . . . . . . JV 03-0046 . . . . . . . . Mary Lou C. v. ADES

1.    When ADES seeks to sever the parent-child relationship pursuant to section 8-533(B) (10),
must it prove that the grounds for this severance are identical to the grounds found in the 
first severance?

2.    Does the constitutional requirement that ADES make reasonable efforts to provide 
appropriate reunification services extend to section 8-533(B) (10)?

3.    Must the juvenile court make an explicit finding of futility?

December 23, 2003 . . . . . . . . . . . . .JV 03-0123  . . . . . . . . . . . . . In Re: Ubaldo B.


May appellant be adjudicated "delinquent" for painting a "message, slogan, sign or symbol" in 
an apartment when there was no evidence presented that the mark appellant was accused of 
painting meant anything?

October 2, 2003 . . . . . . . . . . . . . . . . JV 02-0121 . . . . . . . . . . . . . . . .Daniel Y. v. ADES


Do repeated requests by appointed counsel to withdraw because of "irreconcilable conflict" with the 
same client justify the trial court in refusing to appoint additional counsel for client in a severance 
proceeding without having advised the client in advance of the consequences? 

August 19, 2003....................................JV 03-0028-AB...........................................In re:  B.S.

Did the juvenile court err by denying a pregnant minor's petition for a judicial bypass of the parental
consent requirement for an abortion?

June 27, 2003........................................JV 02-0140....................................In re:  Arnulfo G.


Is the possibility that a juvenile may be prosecuted as an adult, in and of itself, sufficient prejudice to
allow a juvenile court to dismiss a citation with prejudice when the state moves to dismiss the citation
without prejudice?

March 27, 2003 ....................................JV 02-0054 ....................................In re:  Stephanie B.

Can a court properly award restitution when the state fails to prove the offense specifically alleging the injury but proves another offense which directly caused the injury?

February 25, 2003 ........................JV 02-0016   JV 02-0072 ..............In re:  Miguel R. In re:  Jose J.


Was it an abuse of discretion when the juvenile court judges placed these juveniles into the Drug Court
program involuntarily?

January 14, 2003  . . . . . . . . . . . . . . . . .JV 02-0029 . . . . . . . . . . . . . . . . . In re: Aaron M.

Does the State's failure to conduct a timely DNA test pursuant to A.R.S. § 13-4438 relieve a juvenile from his obligation to undergo a DNA test when ordered by the juvenile court pursuant to A.R.S. § 31-281?

December 10, 2002  . . . . . . . . . . . . . . .JV 01-0073  . . . . . . . . . . . . . . . In re:  Andrew A.

Can a juvenile be ordered to pay restitution for damage to personal property within a vehicle he admitted to illegally possessing?

September 12, 2002  . . . . . . . . . . . . . . JV 01-0192  . . . . . . . . . . . . . . . In re: Niky R.

What role do the three factors of (1) protection of the community, (2) accountability and (3) least restrictive alternatives to the Arizona Department of Juvenile Corrections ("ADJC") play with regard to the recently adopted Commitment Guidelines to the Arizona Department of Juvenile Corrections?

April 9, 2002 . . . . . . . . . . . . . . . . . . . . JV 01-0045  . . . . . . . . . . . . .  In re Jorge D.

Is a criminal-suspect student who is summoned to the principal's office for interrogation by a police officer "in custody" for purposes of Miranda when questioned by the officer?

March 6, 2002  . . . . . . . . . . . . . . . . . .JV 01-0078  . . . . . . . . . . . . . . . Minh T. v. ADES

May a parent raise a Fifth Amendment defense to excuse his or her non-participation in family reunification services in a dependency hearing?

February 12, 2002  . . . . . . . . . . . . . . . JV 01-0053 . . . . . . . . . . . . . . . In re Ryan A.

(1) Can a juvenile be guilty of threatening or intimidating, in violation of A.R.S. § 13-1202 (A)(1), when the intended victim was not in fact scared and did not feel threatened, (2) can both parents of a minor victim receive restitution for the same event, and (3) can restitution under A.R.S § 8-344 include economic losses such as lost annual leave or vacation time?

January 22, 2002 . . . . . . . . . . . . . . . . . JV 01-0059 . . . . . . . . . . . . . . . Mara M. v. ADES

Does the service of a motion to terminate parental rights upon a parent's attorney in accord with Ariz. R. Civ. P. 5(c)(1) comport with due process when the parent knows of the appointment of the attorney but has disappeared after her child was declared dependent?

December 24, 2001 . . . . . . . . . . . . . . . JV 01-0091 . . . . . . . . . . . . . . . In re John M.

1. Can throwing a soda can at someone constitute a "gesture" under A.R.S. § 13-2904(A)(3)?

2. Did sufficient evidence support the adjudication?

3. Was the juvenile's speech constitutionally protected?

November 20, 2001 . . . . . . . . . . . . . . . JV01-0046 . . . . . . . . . . . . . . . In re Adam P.

Is a golf cart a "means of transportation" the theft of which constitutes a violation of A.R.S. § 13-1814?

October 9, 2001 . . . . . . . . . . . . . . . . . .JV00-0217 JV 00-0227 . . . . . In re Kevin A.

May the juvenile court order restitution when the victim does not timely request it within a court-extended deadline?

August 16, 2001 . . . . . . . . . . . . . . . . . . JV 00-0219 . . . . . . . . . . . . . In re Alex M.

When a juvenile delinquency adjudication that was based upon a plea agreement has been vacated because it rested upon a statute that was later held unconstitutional, should the juvenile court also vacate the plea agreement and reinstate the charges that were dismissed pursuant to the plea agreement, when the juvenile has partially but not successfully completed the terms of his probation?

June 7, 2001 . . . . . . . . . . . . . . . . . . . . . JV 00-0179 . . . . . . . . . . . . . In re Kyle M.

1. Was the State required to prove the juvenile acted with "wrongful intent" by threatening or intimidating in violation of A.R.S. section 13-1202(A)(1)?

2. Was the State required to prove that the juvenile uttered a "true threat"?

March 8, 2001 . . . . . . . . . . . . . . . . . . . . JV 00-0092 . . . . . . . . . . . . In re Robert A.

Is a flare gun a deadly weapon as a matter of law?

January 29, 2001 . . . . . . . . . . . . . . . . . . JV 00-0121 . . . . . . . . . . . . . In re Moises L.

1. May a suspect's verbal responses to identifying questions constitute the evidence of identity required under A.R.S. section 28-1595(B)?

2. Is A.R.S. section 28-1595(B) unconstitutionally vague?

December 21, 2000 . . . . . . . . . . . . . . . . JV 00-0112 . . . . . . . . . . . . . In re Dayvid S.

1. Does a crushed peanut packaged to resemble crack cocaine satisfy the statutory definition of an "imitation controlled substance"?

2. Is the statutory definition of "imitation controlled substance" unconstitutionally vague or overbroad?

November 24, 2000 . . . . . . . . . . . . . . . JV 00-0013 . . . . . . . . . . . . . In re Marxus B.

Is A.R.S. section 13-3111 a special law in violation of the Arizona Constitution?

October 24, 2000 . . . . . . . . . . . . . . . . . JV 99-0218 . . . . . . . . . . . . . In re Victoria K.

1. Is giving false information to a police officer a lesser-included offense of hindering prosecution by deception?

2. May a juvenile court sua sponte make a substantive amendment to a delinquency petition under Rule 4(B) of the Arizona Rules of Procedure for the Juvenile Court?

September 26, 2000 . . . . . . . . . . . . . . . JV 00-0019 . . . . . . . . . . . . . In re Sabino R.

May this court and the superior court take judicial notice of the juvenile's court records to discern the juvenile's age when it is contended on appeal that there is no proof that the juvenile was less than 21 years of age when he consumed alcohol?

July 3, 2000 . . . . . . . . . . . . . . . . . . . . . JV 99-0127 . . . . . . . . . . . . . Michael J., Jr. v. ADES

Does the Indian Child Welfare Act apply only if a child is being removed from an "existing Indian family"?