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House Engrossed |
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State of Arizona House of Representatives Fifty-third Legislature First Regular Session 2017
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CHAPTER 170
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HOUSE BILL 2435 |
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AN ACT
amending sections 8-116 and 8‑202, Arizona Revised Statutes; relating to the juvenile court.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 8-116, Arizona Revised Statutes, is amended to read:
8-116. Court order; contents; form
A. If, after the hearing and consideration of all the evidence, the court is satisfied that the requirements of this article have been met and that the adoption is in the best interests of the child, the court shall order the adoption. The order may change the name of the child to that of the name requested by the adoptive parent or parents in the petition to adopt. If the child being adopted is twelve years of age or older, the court shall consider the wishes of the child with respect to the name change. The written order of the court shall include the findings of fact on which it based its order, including the court's jurisdiction and the date and place of birth of the child being adopted based on the best available evidence.
B. If the exact place of birth is unknown, the order shall include the information that is known and designate a place of birth according to the best information known as to the country of origin.
C. If the exact date of birth is unknown, the order shall establish a date of birth based on the medical evidence as to the probable age of the child and other evidence the court considers appropriate.
D. The order is conclusive and binding on all persons from the date of its entry subject to appeal as provided in section 8‑235.
E. The court shall provide the adoptive parent or parents with written notice of the sibling information exchange program established pursuant to section 8-543.
Sec. 2. Section 8-202, Arizona Revised Statutes, is amended to read:
8-202. Jurisdiction of juvenile court
A. The juvenile court has original jurisdiction over all delinquency proceedings brought under the authority of this title.
B. The juvenile court has exclusive original jurisdiction over all proceedings brought under the authority of this title except for delinquency proceedings.
C. The juvenile court may consolidate any matter, except that the juvenile court shall not consolidate any of the following:
1. A criminal proceeding that is filed in another division of superior court and that involves a child who is subject to the jurisdiction of the juvenile court.
2. A delinquency proceeding with any other proceeding that does not involve delinquency, unless the juvenile delinquency adjudication proceeding is not heard at the same time or in the same hearing as a nondelinquency proceeding.
D. The juvenile court has jurisdiction of proceedings to:
1. Obtain judicial consent to the marriage, employment or enlistment in the armed services of a child, if consent is required by law.
2. In an action in which parental rights are terminated pursuant to chapter 4, article 5 or 11 of this title, change the name of a minor child who is the subject of the action. If the minor child who is the subject of the action is twelve years of age or older, the court shall consider the wishes of the child with respect to the name change.
E. The juvenile court has jurisdiction over both civil traffic violations and offenses listed in section 8‑323, subsection B that are committed within the county by persons who are under eighteen years of age unless the presiding judge of the county declines jurisdiction of these cases. The presiding judge of the county may decline jurisdiction of civil traffic violations committed within the county by juveniles if the presiding judge finds that the declination would promote the more efficient use of limited judicial and law enforcement resources located within the county. If the presiding judge declines jurisdiction, juvenile civil traffic violations shall be processed, heard and disposed of in the same manner and with the same penalties as adult civil traffic violations.
F. The orders of the juvenile court under the authority of this chapter or chapter 3 or 4 of this title take precedence over any order of any other court of this state except the court of appeals and the supreme court to the extent that they are inconsistent with orders of other courts.
G. Except as otherwise provided by law, jurisdiction of a child that is obtained by the juvenile court in a proceeding under this chapter or chapter 3 or 4 of this title shall be retained by it, for the purposes of implementing the orders made and filed in that proceeding, until the child becomes eighteen years of age, unless terminated by order of the court before the child's eighteenth birthday.
H. Persons who are under eighteen years of age shall be prosecuted in the same manner as adults if either:
1. The juvenile court transfers jurisdiction pursuant to section 8‑327.
2. The juvenile is charged as an adult with an offense listed in section 13‑501.
APPROVED BY THE GOVERNOR APRIL 18, 2017.
FILED IN THE OFFICE OF THE SECRETARY OF STATE APRIL 18, 2017.