VACATING DEBT OWED FROM JUVENILE COURT ORDERS
(Visit AZCourts.gov to access important forms)
On October 30, 2023, Senate Bill 1197 (SB1197) went into effect focused on juvenile justice reform.
This includes changes to what fines, fees, and penalties are allowed to be charged to the juvenile or the juvenile's parent or guardian. It allows people to ask for their unpaid court ordered fine, fees, program services, etc. to be vacated (canceled).
Reform #1 A person may ask the court that they cancel the financial debt related to their juvenile court matter that exists before October 30, 2023.
Reform #2 The court cannot order the juvenile or their parent or guardian to pay fines, fees, penalties, or for certain services (example: supervision fees, counseling, diversion programs, detention costs).
Reform #3 The court cannot order the juvenile or their parent or guardian to pay fines, fees, penalties, or for certain services (example: supervision fees, counseling, diversion programs, detention costs.)
WHAT FINES AND FEES MAY BE VACATED (CANCELED)?
Fines and fees that may be eligible to be vacated (canceled) include the following:
- Unpaid supervision fees
- Unpaid Diversion program costs
- Unpaid Detention costs
- Other monetary obligations
The costs may have been ordered for either the juvenile and their parents or guardians to pay. Fines and fees that have already been paid will not be refunded. Victim restitution, fines, penalties, and the costs of certain assessments may not be vacated. (Victim restitution is payment by a defendant for losses as a results of an offense).
List of Eligible Monetary ObligationsA.R.S. § 8-221 - Court-appointed attorney costs
A.R.S. § 8-234 - Costs against a parent or guardian for counseling, treatment, or education required as part of a diversion program
A.R.S. § 8-241 - Probation supervision fees
A.R.S. § 8-243(A) - Foster care expenses
A.R.S. § 8-243(B) - Department of juvenile corrections or other state department institution expenses
A.R.S. § 8-243(C) - Juvenile detention expenses
A.R.S. § 8-245 - Medical or surgical treatment expenses
A.R.S. § 8-263 - Family counseling program costs
A.R.S. § 8-321 - Community-based alternative program fees or costs
A.R.S. § 8-341 - Rehabilitative, incorrigibility, or minor consumption monetary assessment
A.R.S. § 8-343(L) - Alcohol or drug screening, education, or treatment costs
A.R.S. § 8-343(M) - Detention costs
A.R.S. § 8-418 - Victims’ Rights Fund Implementation Fee
A.R.S. § 11-584(C) - $25 public defender or court-appointed counsel administrative assessment
A.R.S. § 12-116 - Time payment fee assessed on a juvenile monetary assessment or a penalty, fine or sanction ordered pursuant to Title 8
A.R.S. § 12-116.07 - $500 Dangerous Crimes Against Children Assessment
A.R.S. § 8-234 - Costs against a parent or guardian for counseling, treatment, or education required as part of a diversion program
A.R.S. § 8-241 - Probation supervision fees
A.R.S. § 8-243(A) - Foster care expenses
A.R.S. § 8-243(B) - Department of juvenile corrections or other state department institution expenses
A.R.S. § 8-243(C) - Juvenile detention expenses
A.R.S. § 8-245 - Medical or surgical treatment expenses
A.R.S. § 8-263 - Family counseling program costs
A.R.S. § 8-321 - Community-based alternative program fees or costs
A.R.S. § 8-341 - Rehabilitative, incorrigibility, or minor consumption monetary assessment
A.R.S. § 8-343(L) - Alcohol or drug screening, education, or treatment costs
A.R.S. § 8-343(M) - Detention costs
A.R.S. § 8-418 - Victims’ Rights Fund Implementation Fee
A.R.S. § 11-584(C) - $25 public defender or court-appointed counsel administrative assessment
A.R.S. § 12-116 - Time payment fee assessed on a juvenile monetary assessment or a penalty, fine or sanction ordered pursuant to Title 8
A.R.S. § 12-116.07 - $500 Dangerous Crimes Against Children Assessment
WHO MAY FILE TO HAVE THIER DEBT VACATED?
The following individuals (or their attorney) may file a petition to have their debt vacated:
- An adult who has debt from when they were a juvenile offender
- A parent or guardian of someone who is currently a juvenile offender
- A parent or guardian who were ordered to pay when their child was a juvenile
Each case MUST have its own petition filed. A petition is a formal written request filed with the Clerk of the Court requesting the court to take action. Court hearings are not held for these requests. Instead, the judge reviews the petition and decides the outcome based on the individual situation.
STEPS TO VACATING DEBT
- Fill out the Petition Vacating Eligible Monetary Obligations or Civil Judgment.
- Make 2 copies of the Petition.
- Take the original and copies of the Petition to the courthouse where the case was heard.
- File the original Petition with the clerk. The clerk will time stamp the copies at this time.
- A copy of the Petition needs to be filed with the County or City Attorney where the case was heard.
- Once filed the judge will review the original court order and Petition. They will then complete the Order to Vacate.
- When the Order is complete, filed, and processed, the petitioner (person filing) will be notified by the court.
Visit AZCourts.gov to learn more about the process of requesting the court to vacate eligible monetary debt.
Laws may have changed since the last time this article was updated. The current and most up-to-date laws can be accessed here.
