This guide can give you a place to start your research when you have a case involving a juvenile. These are various actions and case types that can occur within the Juvenile Court’s jurisdiction.

"Abandoned" means the failure of the parent to provide reasonable support and to maintain regular contact with the child, including providing normal supervision. Abandoned includes a judicial finding that a parent has made only minimal efforts to support and communicate with the child. Failure to maintain a normal parental relationship with the child without just cause for a period of six months constitutes prima facie evidence of abandonment. ARS §8-201

"Adult" means a person eighteen years of age or older. ARS §8-101

“Appeal” means a written request made after a trial, asking another court (usually the court of appeals) to review the trial court's decisions. The party filing the appeal is called the "appellant" or "petitioner." The other party is called the "appellee" or "respondent." Appellate courts typically decide only whether a legal mistake was made in the trial court and whether the mistake changed the outcome of the case. Nolo.com

"Child", "youth" or "juvenile" means an individual who is under eighteen years of age. ARS §8-201

"Custody" or "legal custody" means a status embodying all of the following rights and responsibilities:

  • The right to have physical possession of the child.
  • The right and the duty to protect, train and discipline the child.
  • The responsibility to provide the child with adequate food, clothing, shelter, education and medical care, provided that such rights and responsibilities shall be exercised subject to the powers, rights, duties and responsibilities of the guardian of the person and subject to the residual parental rights and responsibilities if they have not been terminated by judicial decree. ARS §8-531

“Delinquent act" means an act by a juvenile that if committed by an adult would be a criminal offense or a petty offense, a violation of any law of this state, or of another state if the act occurred in that state, or a law of the United States, or a violation of any law that can only be violated by a minor and that has been designated as a delinquent offense, or any ordinance of a city, county or political subdivision of this state defining crime. Delinquent act does not include an offense under section 13-501, subsection A or B if the offense is filed in adult court. Any juvenile who is prosecuted as an adult or who is remanded for prosecution as an adult shall not be adjudicated as a delinquent juvenile for the same offense. ARS §8-201

"Delinquent juvenile" means a child who is adjudicated to have committed a delinquent act. ARS §8-201

“Dependent child" ARS §8-201

  • Means a child who is adjudicated to be:
  • In need of proper and effective parental care and control and who has no parent or guardian, or one who has no parent or guardian willing to exercise or capable of exercising such care and control.
  • Destitute or who is not provided with the necessities of life, including adequate food, clothing, shelter or medical care.
  • A child whose home is unfit by reason of abuse, neglect, cruelty or depravity by a parent, a guardian or any other person having custody or care of the child.
  • Under eight years of age and who is found to have committed an act that would result in adjudication as a delinquent juvenile or incorrigible child if committed by an older juvenile or child.
  • Incompetent or not restorable to competency and who is alleged to have committed a serious offense as defined in section 13-706.
  • Does not include a child who in good faith is being furnished Christian Science treatment by a duly accredited practitioner if none of the circumstances described in subdivision (a) of this paragraph exists.

“Emancipated Minor” means a minor who has been released from the custody and control of their parents. Nolo.com

"Guardian ad litem" means a person appointed by the court to protect the interest of a minor or an incompetent in a particular case before the court. ARS §8-531

"Guardianship of the person" with respect to a minor means the duty and authority to make important decisions in matters affecting the minor including but not necessarily limited to:

  • The authority to consent to marriage, to enlistment in the armed forces of the United States and to major medical, psychiatric and surgical treatment, to represent the minor in legal actions and to make other decisions concerning the child of substantial legal significance.
  • The authority and duty of reasonable visitation, except to the extent that such right of visitation has been limited by court order.
  • The rights and responsibilities of legal custody, except where legal custody has been vested in another individual or in an authorized agency.
  • When the parent-child relationship has been terminated by judicial decree with respect to the parents, or only living parent, or when there is no living parent, the authority to consent to the adoption of the child and to make any other decision concerning the child that the child's parents could make. ARS §8-531

"Juvenile court" means the juvenile division of the superior court when exercising its jurisdiction over children in any proceeding relating to delinquency, dependency or incorrigibility. ARS §8-201

“Minor” means a person under eighteen years of age. ARS §1-215

"Parent-child relationship" includes all rights, privileges, duties and obligations existing between parent and child, including inheritance rights. ARS §8-531

"Ward" means a person for whom a guardian has been appointed. "Minor ward" means a minor for whom a guardian has been appointed solely because of minority. ARS §14-5101 "Ward" also means when a government agency takes temporary custody of a minor for their protection and care. This happens when the minor is suffering from parental neglect or abuse or has been in trouble with the law. This child is often called a “ward of the court” or “ward of the state.” Dictionary.law.com

Arizona Revised Statutes §§8-101 through 8-173: These statutes govern juvenile adoptions.

Arizona Revised Statutes §§8-201 through 8-291.11: These statutes govern the Juvenile Court.

Arizona Revised Statutes §§8-301 through 8-422: These statutes govern juvenile offenders.

Arizona Revised Statutes §§8-451 through 8-892: These statutes govern the Department of Child Safety.

Arizona Revised Statutes §§8-531 through 8-544: These statutes govern the termination of parent-child relationship.

Arizona Revised Statutes §§8-841 through 8-847: These statutes govern juvenile dependency.

Arizona Revised Statutes §§12-2451 through 12-2456: These statutes govern the emancipation of minors.

Arizona Revised Statutes §§14-5201 through 14-5213: These statutes govern guardians of minors.

Arizona Revised Statutes §§14-5401 through 14-5433: These statutes govern the protection of property of persons under disability and minors

Arizona Rules of Procedure for the Juvenile Court, Rules 201-227: Describe the rules and procedures involving juvenile delinquency.

Arizona Rules of Procedure for the Juvenile Court, Rule 301-353: Describe the rules and procedures involving a juvenile dependency, guardianship, or termination of parental rights.

Arizona Rules of Procedure for the Juvenile Court, Rules 401-419: Describe the rules and procedures involving a juvenile adoption.

Arizona Rules of Procedure for the Juvenile Court, Rules 501-505: Describe the rules and procedures involving juvenile emancipation.

Arizona Rules of Procedure for the Juvenile Court, Rules 601-610: Describe the rules and procedures involving juvenile case appeals.

What is the difference between dependency and guardianship?

Dependency: A dependency is a decision by the Juvenile Court that a child is in need of effective care and control and that all parents are unable or unwilling to provide proper care and control. Usually, a Dependency Petition is filed by the state because concerns about abuse or neglect have been reported to Department of Child Safety (“DCS”) and there is evidence of immediate danger to the child(ren). However, any “interested person” may file for dependency. You may file a dependency petition if you believe that there is no parent or guardian willing or able to provide proper care and control over a child.

Examples include:

  • Child is abused or abandoned
  • Child is neglected because parent or guardian abuses drugs or alcohol
  • Parent or guardian is not able to meet the child’s needs
  • Parent or guardian is unable to provide the child with basic necessities such as suitable housing, food or necessary medical care. 

A Dependency Petition may involve an investigation and report by DCS. It may also involve appointing attorneys for the parents and the child(ren), a temporary custody hearing, and possibly a trial. If the Juvenile Court finds that the child is dependent because the parents are unable or unwilling to provide care, the court decides who will care for the child(ren). The Juvenile Court and DCS oversee the child(ren)'s care and services provided to the parents and the child(ren) in an effort to reunite the family. A dependent child remains under the Court’s control until the Court declares that a parent has become willing and able to provide proper parenting. An order of dependency from the Juvenile Court will last until the child turns 18 or the Court changes or dismisses it.

Guardianship: A guardianship petition can be filed when someone, other than the parent, wants to be appointed by the Court to take over parental responsibilities AND both living parents (whose parental rights have not been permanently cut off by court order) will consent to the guardianship or at least will not file papers or go to Court to oppose the appointment. Guardians take over parental responsibilities for making decisions regarding housing, medical care, and education, among other matters, for as long as the guardianship remains in effect. An adult may ask the Juvenile Court to appoint a legal guardian for a child when neither parent is going to be available. Examples include: when the parents are to be deployed by the military, or the custodial parent is or is going to be incarcerated or in rehab, etc., or is incapable or unwilling to provide for the child. Living parents must be given notice of the Petition for appointment of a Guardian and will either give permission (consent) for the guardianship, or at least will not file papers or go to court to object or disagree.

The Superior Court in Maricopa County has created forms that you can use. Please be sure to read the checklist for each packet to ensure the forms are right for your situation.

Adoption: The Law Library Resource Center does not have a forms to petition for adoptions, as they are a complicated matter.

If the adoption is not contested, the County Attorney's office is required by law to provide free legal assistance.  You will find more information and contacts at Maricopa County Attorney's Office and (602) 372-KIDS[5437].

Dependency: Use these forms if you want to file a Dependency Petition. You must also believe that there is no parent or guardian willing or able to provide proper care and control over the child(ren), AND that you are a fit and proper person to care for the child(ren).  Finally, the child(ren) must live in Maricopa County or you have talked to a lawyer who has advised that you can file a Dependency Petition in Maricopa County.

Emancipation of a Minor: To use these forms you must be at least 16 years old but less than 18. Note that the court process will generally take about 3 months, so if you are 17 and nine months or older, you may turn 18 and emancipate automatically before this process is completed. To file, you may not be legally married. You must be a resident of Arizona and of the county where you are filing this request. You must be financially self-sufficient, meaning you can prove you are able to support yourself and provide your own food, housing, and medical care, etc., without your parent’s help.  Emancipation means you would be declared legally "an Adult", responsible for your own support, and your parents will be released from any further legal obligation to provide you with food, housing, medical care (or insurance).

Expunge a Juvenile Marijuana Arrest/Charge/Conviction: To use these forms, your case must have been handled in the Juvenile division of the Superior Court of Maricopa County. You must also be eligible under the expungement statute (ARS § 36-2862). The following are eligible charges:

  • Possessing, consuming, or transporting two and one-half ounces or less of marijuana*, of which not more than twelve and one-half grams was in the form of marijuana concentrate.
  • Possessing, transporting, cultivating, or processing not more than six marijuana plants at your primary residence for personal use.
  • Possessing, using, or transporting paraphernalia related to the cultivation, manufacture, processing, or consumption of marijuana.

*marijuana includes cannabis

Guardianship of a Minor: Use these forms if you want to have the court appoint a guardian for a minor and you know that you do not need the court to appoint a conservator for the minor. To file, the minor must live in Maricopa County, AND the parents will give permission by signing a voluntary Consent, or neither parent will object to the guardianship. If you are not related to the minor, you must get your fingerprints taken or have a fingerprint clearance card.

Juvenile Destruction of Records, Set Aside Conviction, Restore Rights: Use these forms to destroy your juvenile diversion o probation record, set aside a delinquency record or restore your rights. You must use these forms if you are at least 18 years of age, and no longer under the jurisdiction of Juvenile division or the Department of Juvenile Corrections, AND Also, your juvenile diversion, or delinquency case must have been handled in the Superior Court in Maricopa County. Finally, you must not have any criminal charges pending against you in an adult court. You may check eligibility to use these forms by using the Juvenile Records Eligibility Tool.  

Severance/Termination of Parental Rights: Use these forms to request a court order to permanently terminate the legal rights, privileges, duties and obligations between one or both parents and their child. To file, you must have a legitimate interest in the welfare of the child.  The child must be present in Arizona or in another state if placed there by order of the Superior Court of Maricopa County.  Please note that termination or severance of parental rights does not terminate the right of the child to receive support and to inherit from the parent(s). 

Appeals for juvenile court cases follow different rules from other Superior Court cases. While the Law Library Resource Center does not have any appeal forms, you can access a few juvenile appeals forms on the AZcourt.gov site.

These resources are available at the downtown Phoenix location, and online when indicated.

“Adoptions in Arizona”. AZ Bar Foundation. AZcourthelp.org. 2024.

“Delinquency (juvenile)”. AZ Superior Court. Superiorcourt.maricopa.gov. 2024.

“Dependency”. AZ Superior Court. Superiorcourt.mariciopa.gov. 2024.

Egan, Grace. “The Arrival of the Ultimate Disillusionment: The Right to a Jury Should be Recognized in the Juvenile Court System.”  114 The Journal of Criminal Law & Criminology 381 (2024).

“Emancipation Information” AZ Bar Foundation. AZcourthelp.org. 2024.

“Emancipation of a Minor”. AZ Supreme Court. AZcourts.gov. 2024.

Elovitz, Rachel A. “The Perils of Guardian ad Litem Appointments.” 25 Georgia Bar Journal 18 (2019-2020).

Engineer, Colleen A. “AZ Juvenile Delinquency Practice Manual.” 2018. KFA 2480 .E5 Only available at the downtown location.

“Guardianship”. AZ Bar Foundation. AZcourthelp.org. 2024.

Jacobs, Thomas A. “Arizona juvenile law and practice”. AZ Practice Series volume 5. KFA 2995 .J34 Also available on Westlaw.

“Juvenile Appeals Process Overview”. AZ Supreme Court. AZcourts.gov. 2024.

Loken, Gregory A., “Thrownaway Children and Thrownaway Parenthood.”  68 Temple Law Review 1715 (1995).

McGuire, Mollie. “A Voice for Children in Guardianship Proceedings.”  58 Family Court Review 1101 (2020).

Moloney, Catriona. “Children’s Capacity to Consent to Medical Treatment.” 17 Irish Student Law Review 17 (2010).

Pelfrey, Theresa M. “A Survey: Children’s Rights Post Termination of Parental Rights and Pre-Adoption [article]” 71 Juvenile and Family Court Journal 45 (2020).

Perry, Richard A. “Relative Preference, Emotional Attachments, and the Best Interest of the Child in Need of Assistance.” 50 University of Baltimore Law Forum 83 (2019-2020).

Rosato, Jennifer L. “The Ultimate Test of Autonomy: Should Minors Have a Right to Make Decisions Regarding Life-Sustaining Treatment?” 49 Rutgers Law Review 1 (1996-1997).

Sankaran, Vivek S. “The Ties that Bind Us: An Empirical, Clinical, and Constitutional Argument against Terminating Parental Rights.” 61 Family Court Review 246. (2023). Full text available in 2025.

Smith, Deirdre M. “Termination of Parental Rights as a Private Remedy: Rationales, Realities, and Alternatives [article]” 72 Syracuse Law Review 1173 (2022).

Studer, Michael C. “Parent and Child – Emancipation: The Emancipation of Minor Children: Freedom of North Dakota Youth” 96 North Dakota Law Review 263 (2021). 

“Termination of Parental Rights”. AZ Department of Child Safety. dcs.az.gov. 2024.

Tolleson, Mike. “Emancipation of Minor Performers & Athletes” 71 Texas Bar Journal 740 (2008.

“The Uncertain Status of the Emancipated Minor: Why We Need a Uniform Statutory Emancipation of Minors Act (USEMA)” 15 University of San Francisco Law Review 473 (1981). 

This information is provided by the Law Library Resource Center of the Superior Court of Arizona in Maricopa County.

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Last update: 10/18/2024

Disclaimer: The information provided in these guides is for research purposes only. We do not provide legal advice. For legal advice, please speak to an attorney. These guides are reviewed and updated periodically. The most recent revision date is on the guide. There may be more current information available. These guides are intended as a starting point only and do not include all information or materials related to the topic.