Court Rules | Ariz. R. Juv. P. 30 | 2018
A. Dispositional investigation and report. Prior to the disposition hearing, the court shall order the juvenile probation officer to conduct an investigation and submit a written report to the court with recommendations regarding the disposition of the juvenile.
1. The disposition report shall:
a. Be submitted to the court three (3) days prior to the disposition hearing;
b. Be made available three (3) days prior to the hearing to counsel for the parties or to the parties if unrepresented by counsel;
c. Include a written victim impact statement as required by law;
d. Provide the court with information regarding restitution if restitution is requested; and
e. Make recommendations as to the most appropriate disposition for the juvenile.
2. Availability of Report to Victim. On request, the court shall provide the victim with the following information contained in the disposition report:
a. The referral history of the juvenile;
b. The probation officer's assessment of the case;
c. The disposition and treatment recommendations;
d. The probation officer's recommendations for treatment and disposition; and
e. The detention history of the juvenile.
3. Waiver of report. Upon stipulation of the parties and order of the court, the disposition report may be waived if the victim did not provide a written impact statement as provided by law.
4. Evaluation of juvenile. Prior to the disposition hearing, the court may order that the juvenile submit to a physical, psychiatric and/or psychological evaluation as part of the investigation.
5. Release of information. Material psychologically damaging to any of the parties or destructive of the relationships between members of the family concerned may, in the discretion of the court, be withheld from any of the parties in question.
B. Disposition hearing.
1. Time limits.
a. Detained juvenile. If the juvenile is detained, the hearing shall be held within thirty (30) days of adjudication of delinquency or incorrigibility.
b. Juvenile not detained. If the juvenile is not detained, the hearing shall be held within forty-five (45) days of adjudication of delinquency or incorrigibility.
c. Continuance. Disposition may be deferred or continued on motion of counsel or on the court's own motion for good cause. If the juvenile is detained, the disposition may not be deferred for more than thirty (30) days after the date initially set for disposition without the juvenile's consent given in open court.
2. Procedure. When the court makes a finding that a juvenile is delinquent or incorrigible, the court shall 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 juvenile hearing officer. The victim has the right to be present and address the court at any disposition hearing, as provided by law.
3. Findings and orders. At the close of the disposition hearing, the court shall make findings in writing in the form of a minute entry or order. If the disposition is probation, the order shall set forth the conditions of probation.
4. Right to appeal. Following the entry of an order by the court, the court shall explain to the juvenile the right to appeal and shall set forth the method of appeal.