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8-234 Treatment, community restitution, restraining and protective orders

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The state bar of arizona
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A. A parent or legal guardian of a person who is under eighteen years of age shall exercise reasonable care, supervision, protection and control over the parent’s or legal guardian’s minor child.

B. On petition of a party or on the court’s own motion, the court may make an order directing, restraining or otherwise controlling the conduct of a person if:

1. An order or disposition of a delinquent, dependent or incorrigible child has been or is about to be made in a proceeding under this chapter.

2. The court finds that such conduct is or may be detrimental or harmful to the child, will tend to defeat the execution of an order or disposition made or to be made or will assist in or is necessary for the rehabilitation of the child.

3. Notice of the petition or motion and the grounds for the petition or motion and an opportunity to be heard on the petition or motion have been given to the person against whom the order is directed.

C. The court may invoke its contempt powers pursuant to section 8-247 to enforce any treatment, counseling, education or other restraining or protective order that applies to:

1. The child, the parents or guardian of the child or any other party before the court who is the subject of an order to participate in a counseling, treatment or education program or any other restraining or protective order.

2. The legal custodians or agencies, including agency personnel, that are ordered to provide treatment or services to the child, the child’s family or any party named in the dispositional order.

D. The court may order a parent or guardian to pay the cost of any counseling, treatment or education program ordered pursuant to subsection F of this section.

E. If the court after notice and hearing finds that a person has failed to exercise reasonable care, supervision, protection and control of a minor pursuant to subsection A of this section or if the court holds a person in contempt for violating an order issued pursuant to this section, the court may immediately take one or more of the following actions:

1. Impose a fine of not more than one thousand dollars, plus any applicable surcharges and assessments.

2. Impose a term of incarceration in jail for a period of not more than thirty days.

3. Order the parents or guardian of the child to perform community restitution with the child.

F. If the court finds that the best interests of the child would be served by participation in a diversion program, in lieu of taking any action pursuant to subsection C of this section, the court may order the parent or guardian of a child to participate in a diversion program, approved by the supreme court, that requires the parent or guardian to perform community restitution or to attend and successfully complete a program of counseling, treatment or education. If the terms and conditions of the diversion order are successfully completed, the court shall dismiss its finding against the parents. If the court finds that the terms and conditions of the diversion order were not successfully completed it may take one or more of the actions specified in subsection B of this section.

G. Before a hearing that may result in incarceration for a person who is alleged to have violated a court order under this section, the court shall advise the person that the person has the right to be represented by counsel and that the court may appoint counsel if the court finds that the person is indigent.

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