JUVENILE
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January 14, 2010 . . . . . . . .JV 08-0167 . . . . . .
.Andrew R. v. ADES
When a motion to set aside a paternity acknowledgement is filed pursuant
to Arizona Revised Statutes section 25-812(E) and Rule 60(c)(3), does such
motion need to be filed within the six month requirement established by the
Rule?
November 19, 2009 . . . . . .JV 09-0081 . . . . . .
.In re Marbella P.
1. Does the juvenile court have jurisdiction to impose probationary terms
relating to an adjudication for truancy beyond the juvenile's sixteenth
birthday, even though the juvenile is no longer obligated by statute to
attend school?
2. Were the conditions of probation ordered by the juvenile court,
including a requirement that the juvenile attend school, arbitrary and
capricious?
April 2, 2009 . . . . . . . . . . .JV 08-0081 . . . .
. . . In re Brendan G.
May a restitution order include sums for interest and other fees that a
victim incurs on a credit account used to obtain medical treatment
necessitated by an assault?
February 24, 2009 . . . . . . .JV 08-0083 . . . . . .
. Jared P. v. Glade T.
Does the Indian Child Welfare Act apply to a putative father who did not
timely serve the child's mother with his paternity action pursuant to
Arizona Revised Statutes section 8-106(g) but demonstrated the child was
an Indian child before the final adoption order?
June 17, 2008 . . . . . . . . . . JV
07-0033 . . . . . . . Valerie M. v. ADES
1. Does the Indian Child
Welfare Act require the state to prove beyond a
reasonable doubt the state statutory grounds for termination and that
termination is in the child’s best interest?
2. Does Arizona’s statutory scheme governing termination of the
parent-child
relationship independently require that the state grounds for termination be
proven beyond a reasonable doubt in cases involving Indian children?
April 1, 2008 . . . . . . . . . . .
JV 07-0149 . . . . . . . Antonio P. v. ADES
Do the preferences
for placement contained in A.R.S. § 8-514(B) mandate
placing a child with an acceptable higher preference when the juvenile court
finds it in the child's best interests to be placed with a lower preference?
March 20, 2008 . . . . . . . . . JV
06-0238 . . . . . . . Kimu P. v. ADES
1.
Did the juvenile court err in barring all evidence regarding a child born
to the parents during the termination proceeding?
2.
Did the juvenile court err in denying Parents’ motion to dismiss the
termination petition?
February 26, 2008 . . . . . . . JV
06-0228 . . . . . . . Lawrence R. v. ADES
Whether the
juvenile court committed reversible error in giving its best
interests jury instruction?
January 3, 2008 . . . . . . . . .
JV 07-0076 . . . . . . . Steven H. v. ADES
Does the
Indian Child Welfare Act, 25 U.S.C. §§ 1901-1963 (2000),
require expert testimony that parents’ continued custody of Indian children
would likely result in serious emotional or physical damage to the children
before the court can declare the children dependent?
December 24, 2007 . . . . . . . . JV
07-0078 . . . . . . . Christy v. ADES
1. Did the trial court abuse
its discretion in refusing to set aside an entry of
default (or more properly characterized as a “waiver of rights”) due to a
parent’s failure to appear at the time scheduled for the severance trial?
2. Does a parent, even though in “default,” have a right to attend and
participate in a severance adjudication hearing?
3. Does an indigent parent in such situation have the right to have
appointed
counsel?
4. Did the trial court deny a parent due process or fair procedure when it
requested counsel for ADES to make sure that certain documents or
affidavits were attached to any pleading filed in response to the parent’s
anticipated motion to set aside a default judgment?
December 24, 2007 . . . . . . . . JV 06-0094 . . . .
. . In Re Tiffany O.
Pursuant to
Terry may a police officer search a purse that is already in his
control in the absence of either a search warrant or probable cause to do so?
December 11, 2007 . . . . . . . . JV
07-0097 . . . . . . . Michael M. v. ADES
Pursuant to A.R.S. § 8-202(F), do orders of the
juvenile court take precedence
over a pre-existing municipal order of protection?
September 4, 2007 . . . . . . . . JV
07-0057 . . . . . . . . . In Re: P.D.
Can placement of
water from a urinal into an unsuspecting person’s drink
constitute a prohibited “touching” under A.R.S. section 13-1203(A)(3)
so as to constitute an assault?
August 7, 2007 . . . . . . . . . . .
JV 07-0026 . . . . . . . . . In Re Richard B.
Did the trial court properly accept restitution evidence after the deadline
previously set when the juvenile was turning eighteen in less than thirty days?
June 21, 2007 . . . . . . . . . . . .
JV 06-0079 . . . . . . . . . In Re Andrew C.
Are pre-paid
educational fees an “economic loss” for purposes of restitution?
June 12, 2007 . . . . . . . . . . . .
. JV 06-0086 . . . . . . . . . . Vanessa H. v. ADES
In this severance
case, do the facts support the trial court’s determination that
the provision of further services would be futile?
April 26, 2007 . . . . .
. . JV 05-0198 .
. . . . . . . Marina P. v. ADES
1. Prior to the termination of a parent's right
pursuant to A.R.S. § 8-533(B)(8)(a),
must the parent have received advance notice of the circumstances that the
moving
party alleges cause a parent's child to be placed in court-supervised care
outside
the home so the parent can attempt to cure the circumstances?
2. Must such circumstances continue to exist at the time of
the severance hearing?
March 27, 2007 . . . . . . . . . JV
05-0205 . . . . . . . In Re Edgar V.
Does A.R.S. § 8-327(D), which specifies the factors the juvenile court
must consider in ruling on a motion to transfer a juvenile for prosecution
in the superior court, compel the juvenile court to deny the motion if more
of the factors weigh against a transfer than in favor?
March 20, 2007 . . . . . . . . . JV
06-0142 . . . . . . . Christy C. v. ADES
Is there a threshold level under any of the individual factors in Michael J.
v. Arizona Department of Economic Security, 196 Ariz. 246, 995
P.2d 682 (2000) that either compels or forbids termination of parental
rights under A.R.S. § 8-533(B)(4) (felony sentence “of such length that
the child will be deprived of a normal home for a period of years”)?
March 1, 2007 . . . . . . . . . . . .
JV 06-0074 . . . . . . . . . . In Re James P.
1. Is class one
misdemeanor assault (A.R.S. § 13-1203(A)(1) a lesser included
offense of child molestation (A.R.S. § 13-1410)?
2. Was there sufficient evidence to adjudicate Juvenile delinquent for
child
molestation?
February 20, 2007 . . . . . . . . . .
. . JV 05-0169 . . . . . . . . . In Re Jessi W.
Can a student be found delinquent for having resisted arrest when being
physically
subdued by a uniformed police officer who also is acting in the capacity of a
school
resource officer?
January 25, 2007 . . . . . . . . . . .
. . . JV 06-0104 . . . . . . . . . . . In Re Jerry C.
Is molestation of a child a lesser included offense of sexual conduct with a
minor?
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?
Can a juvenile be ordered to pay restitution for damage to personal property within a vehicle he admitted to illegally possessing?
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?
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?
May a parent raise a Fifth Amendment defense to excuse his or her non-participation in family reunification services in a dependency hearing?
(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?
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?
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?
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?
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?
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"?
Is a flare gun a deadly weapon as a matter of law?
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?
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?
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?
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?
Does the Indian Child Welfare Act apply only if a child is being removed from an "existing Indian family"?