Vacating Debt Owed from Juvenile Court Orders
Forms for Vacating Debt Owed from Juvenile Court Orders
ListenWhat is SB1197?
Senate Bill 1197 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 10/30/23.
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)?
Eligible financial expenses may be vacated. These include:
- Unpaid supervision fees,
- Unpaid Diversion program costs,
- Unpaid Detention costs, and
- Other unpaid monetary obligations.
The costs may have been ordered for either the juvenile and their parents or guardians to pay.
Victim restitution, fines, penalties, and the costs of certain assessments may not be vacated.
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A.R.S. § 8-241 (repealed) – Probation supervision fees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A.R.S. § 8-418 (repealed) – Victims’ Rights Fund implementation fee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 their 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
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 Petitioin 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.
What do I need to gather to complete the court forms?
To remove the debt from a record, the following information is needed for the Petition:
- Full name of the juvenile
- Case number
- Juvenile's date of birth
- Name of the courthouse where the hearing took place
- What the juvenile was charged with
Do I have to attend a court hearing to get my debt vacated?
No, court hearings are not held for these requests. Instead, the judge reviews the petition and decides based on the individual situation.
Can I get a refund on the fines and fees I have already paid?
No, money that has already been paid will not be refunded.
