questions & answers

Question: I live in a different state. My child was on probation in Arizona and even though my custody order allows me alt. holidays and 5 weeks during the summer, the probation dept. would not allow my child to come to my home to visit. Is this legal? Can the probation dept. overrule an existing custody order?

Answer:

You may want to review article VII of the Interstate Compact on Juveniles, Cooperative Supervision of Probationers and Parolees, which is located in A.R.S. § 8-362, states in part:

That the duly constituted judicial and administrative authorities of a state party to this compact, herein called "sending state", may permit any delinquent juvenile within such state, placed on probation or parole, to reside in any other state party to this compact, herein called "receiving state", while on probation or parole, and the receiving state shall accept such delinquent juvenile, if the parent, guardian or person entitled to the legal custody of such delinquent juvenile is residing or undertakes to reside within the receiving state. Before granting such permission, opportunity shall be given to the receiving state to make such investigations as it deems necessary. The authorities of the sending state shall send to the authorities of the receiving state copies of pertinent court orders, social case studies and all other available information which may be of value to and assist the receiving state in supervising a probationer or parolee under this compact. A receiving state, in its discretion, may agree to accept supervision of a probationer or parolee in cases where the parent, guardian or person entitled to the legal custody of the delinquent juvenile is not a resident of the receiving state, and if so accepted the sending state may transfer supervision accordingly.

Note that "may" does not mean "must." To read the entire law, look to the Arizona Revised Statutes (A.R.S.), Title 8, Chapter 3, Article 5.

To learn how this law applies to your specific situation, you may want to consult with an attorney.