Ariz. R. P. Juv. Ct. 102

As amended through December 3, 2024

Rule 102 - Definitions

A term defined in the singular includes the plural, and a term defined in the plural includes the singular.

(a) "ADJC" means the Arizona Department of Juvenile Corrections.

(b) "ARCAP" means the Arizona Rules of Civil Appellate Procedure.

(c) "A.R.S." means the Arizona Revised Statutes.

(d) "Authorized transcriber" has the same meaning as set forth in Supreme Court Rule 30(a)(2).

(e) "Child safety worker" means a person who has been selected by and trained under the requirements prescribed by DCS, and who assists in carrying out the provisions of A.R.S. Title 8.

(f) "Civil Rule" means a rule in the Arizona Rules of Civil Procedure.

(g) "Clerk" means the superior court clerk unless specified otherwise. The Supreme Court clerk and the Court of Appeals clerk are referred to by those titles, or if the context warrants, as the "appellate clerk."

(h) "Court day" is a day other than a weekend or holiday when the court is open for business.

(i) "Criminal Rule" means a rule in the Arizona Rules of Criminal Procedure.

(j) "DCS" means the Arizona Department of Child Safety.

(k) "Family Law Rule" means a rule in the Arizona Rules of Family Law Procedure.

(l) "FFPSA" means the Family First Prevention Services Act of 2018 as codified in the Bipartisan Budget Packet/Continuing Resolution ( Public Law 115-123). The FFPSA amended several federal statutes, including 42 U.S.C. §§ 622, 625, 629, 670-677, and 679.

(m)"Guardian Ad Litem" ("GAL") means an attorney appointed by the court to protect the best interests of a party or as otherwise directed by the court.

(n)"ICPC" means the Interstate Compact on the Placement of Children under A.R.S. §§ 8-548 through 8-548.06.

(o)"ICWA" means the Indian Child Welfare Act, 25 U.S.C. §§ 1901 through 1963, and Part 23 of Title 25 of the Code of Federal Regulations ("Regulations"), including any amendments to those provisions, or if required by the context of a Juvenile Rule, either the Act or the Regulations.

(p)"Indigent" means that a person is not financially able to retain an attorney.

(q) "Judicial officer" includes a judge, a judge pro tempore, and a commissioner.

(r) "Juvenile" means a person under the age of 18 years and may be referred to in these rules as a "child," "youth," or "minor." For purposes of these rules, "juvenile" also includes a person within the juvenile court's jurisdiction under A.R.S. § 8-202.

(s)"Juvenile court" means a division or department of the superior court designated to preside over juvenile court proceedings as described in Rule 101(a).

(t)"Minute entry" is defined by Supreme Court Rule 125. An unsigned minute entry may constitute an order of the court. However, to be appealable, an order must be signed as required by Rule 601.

(u)"Out-of-home placement" means the placing of a child in the custody of an individual or agency other than the child's parent or legal guardian and includes placement in temporary custody pursuant to A.R.S. § 8-821, voluntary placement pursuant to A.R.S. § 8-806, or placement due to a dependency action.

(v) "Parent" means the child's biological, adoptive, or legal mother or father whose rights have not been terminated. "Parent" does not include a person whose paternity has not been established pursuant to A.R.S. § 25-812 or § 25-814.

(w) "Presiding judge" means the presiding judge of the juvenile court or the judge's designee, unless these rules specify otherwise.

(x) "Probation officer" as used in these rules means a juvenile probation officer.

(y) "State" means the State of Arizona.

(z) "Supreme Court Rule" means a rule in the Rules of the Supreme Court of Arizona.

(aa) "Trial," as used in these rules, means an adjudication hearing.

(bb) "UCCJEA" means the Uniform Child Custody Jurisdiction and Enforcement Act, A.R.S. §§ 25-1001 through 25-1067, which defines a "[c]hild custody proceeding" under the Act to include "a proceeding for divorce, separation, neglect, abuse, dependency, guardianship, paternity, termination of parental rights and protection from domestic violence, in which legal custody, physical custody or visitation with respect to a child is an issue or in which that issue may appear." A.R.S. § 25-1002(4).

Ariz. R. P. Juv. Ct. 102

Amended Dec. 8, 2021, effective 7/1/2022; amended August 29, 2022, effective 9/24/2022; amended December 8, 2022, effective 1/1/2023.

COMMENT TO 2022 AMENDMENT

This rule does not provide a comprehensive set of definitions. Other terms are defined throughout these rules, including Rules 202, 302, 402, and 501, as well as by statute, including A.R.S. §§ 8-101 & -136 (adoption), 8-141 (adoption subsidies), 8-161 (nonrecurring adoption expenses), 8-171 (interstate adoption assistance compacts), 8-201 (juvenile court), 8-246 (juvenile), 8-248 (private service provider), 8-261 (family counseling services), 8-271, -272 & -273 (children's mental health services), 8-291 (juvenile competency), 8-305 (detention center), 8-309 (unlawful use of an electronic communication device by a minor), 8-341, -341.01, -342, -345, -349, -350 & -350.01 (disposition and commitment), 8-351 (juvenile intensive probation), 8-382, -384, -413, -418 & -422 (victims' rights), 8-455, -456, -461, & -466 (DCS), 8-501, -502, -509.01, -512.01, -514.06 & -528 (child welfare and placement), 8-531 & -543 (termination of parental-child relationship), 8-550.01 (child abuse prevention fund), 8-801, -804, -807, -807.01, -811, -814 & -816 (dependent children), 8-821, -822, -827, -830 & -831 (removal of child), and 8-1152 (early childhood development and health programs).