Bill Text: AZ SB1407 | 2013 | Fifty-first Legislature 1st Regular | Introduced
Bill Title: Juvenile referrals; commitments; expenses; liability
Spectrum: Moderate Partisan Bill (Republican 10-3)
Status: (Introduced - Dead) 2013-02-11 - Referred to Senate RULES Committee [SB1407 Detail]
Download: Arizona-2013-SB1407-Introduced.html
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REFERENCE TITLE: juvenile referrals; commitments; expenses; liability |
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State of Arizona Senate Fifty-first Legislature First Regular Session 2013
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SB 1407 |
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Introduced by Senator Murphy; Representative Smith: Senators Barto, Landrum Taylor; Representatives Boyer, Brophy McGee, Carter, Dalessandro, Dial, Gonzales, Lesko, Montenegro, Robson
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AN ACT
amending section 8-243, Arizona Revised Statutes; relating to juvenile court.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 8-243, Arizona Revised Statutes, is amended to read:
8-243. Liability of parents to bear expense; exception
A. The supreme court shall administer the activities, including providing the cost of services, for children who are referred to the juvenile court as incorrigible or delinquent and who are placed in foster care other than in a state institution or who require shelter care or treatment. If the juvenile court places a referred child in foster care or orders a referred child to participate in treatment or an education program or if a probation officer requires a child to comply with a program pursuant to section 8‑321, subsection F, the juvenile court shall inquire into the ability of the child or the child's parent to bear the charge or expense of the foster care, treatment, education program or program required pursuant to section 8‑321, subsection F. If the court is satisfied that the child or the child’s parent can bear the charge or expense or any portion of the charge or expense, the juvenile court may fix the amount of the payment and shall direct the child or parent to pay the amount monthly to the clerk of the court until the child is discharged from foster care, treatment, an education program or a program required pursuant to section 8‑321, subsection F. The clerk of the court shall transmit monies collected monthly to the supreme court for deposit in the juvenile probation services fund to reimburse the cost of services incurred under sections 8‑321 and 8‑322. Monies collected for this purpose are exempt from section 41‑2421, subsection C.
B. If the juvenile court awards or commits a child to the department of juvenile corrections or other state department or institution, the juvenile court shall inquire into the ability of the child, the child's estate, parent or guardian or the person who has custody of the child to bear the charge, expense and maintenance including the medical, dental and mental health care of the child while the child is committed to the custody of the department of juvenile corrections or other public or private institution or agency, or private person or persons. If the court is satisfied that the child, the child's estate, parent or guardian or the person who has custody of the child can bear the charges, expense and maintenance or any portion of them, the juvenile court shall fix the amount thereof and direct that the child, the child's estate, parent or guardian or the person who has custody of the child pay the amount monthly to the department of juvenile corrections or other public or private institution or agency, or private person or persons to which the child is awarded or committed. The department of juvenile corrections or other public or private institution or agency or private person or persons shall acknowledge the receipt of the monies. The department of juvenile corrections shall retain and utilize use the money it receives to fund work restitution programs for juveniles. Except as provided in section 8‑243.01, other state institutions or agencies shall deposit, pursuant to sections 35‑146 and 35‑147, the money in the state general fund. The juvenile court shall transmit a copy of its orders concerning payment along with its order of commitment.
C. If the juvenile court awards or commits a child to a juvenile detention facility, the juvenile court shall inquire into the ability of the child, the child's estate, parent or guardian or the person who has custody of the child to bear the charge, expense and maintenance including food, clothing, shelter and supervision of the child while the child is detained in a juvenile detention facility. If the juvenile court is satisfied that the child, the child's estate, parent or guardian or the person who has custody of the child can bear the charges, expense and maintenance or any portion of them, the juvenile court may fix the amount of the payment and direct that the child, the child's estate, parent or guardian or the person who has custody of the child pay the amount monthly to the juvenile court. The assessment is collectible as a civil judgment. The juvenile court shall acknowledge the receipt of the monies and shall transmit the monies monthly to the county treasurer for deposit in the county general fund. The juvenile court shall transmit a copy of its orders concerning payment along with its order of commitment.
D. Subsection C of this section does not apply to foster parents, and group homes.
E. If the juvenile was Or any child who is adopted or placed in permanent guardianship after the juvenile was determined by the court to be a dependent child, the juvenile court shall consider the totality of the child's circumstances and the nature of the dependency. The juvenile court may waive all or part of the charges, expense and maintenance prescribed by this section if the juvenile court determines extenuating circumstances exist.
