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- Chapter 6 Juvenile Appeals (§ 6.1 to § 6.13.2.8.4)
§ 6.11.1.1 De Novo.
Jurisdiction | Arizona |
§ 6.11.1.1 De Novo. The primary purpose of de novo review is to give effect to legislative intent. Linda V. v. Ariz. Dep’t. of Econ. Sec., 211 Ariz. 76, 78, ¶ 8, 117 P.3d 795, 797 (App. 2005); In re Daniel A., 210 Ariz. 162, 165, ¶ 10, 108 P.3d 941, 944 (App. 2005).
Constitutionality issues are reviewed de novo. Lisa K. v. Ariz. Dep’t. of Econ. Sec., 230 Ariz. 173, 177, ¶ 9, 281 P.3d 1041, 1045 (App. 2012). On questions that require the court of appeals to interpret statutes and rules, and to apply them to the juvenile court’s actions, the standard of review is de novo. Oscar F. v. Dep’t. of Child Safety, 235 Ariz. 266, 268, ¶ 6, 330 P.3d 1023, 2025 (App. 2014); Dep’t. of Child Safety v. Superior Court (Angel B.), 235 Ariz. 300, 304, ¶ 8, 332 P.3d 47, 51 (App. 2014); Carolina H. v. Ariz. Dep’t. of Econ. Sec., 232 Ariz. 569, 571, ¶ 5, 307 P.3d 996, 998 (App. 2013). A statutory challenge to the juvenile court’s disposition is reviewed de novo. See In re Sheree M., 197 Ariz. 524, 525, ¶ 4, 4 P.3d 1067, 1069 (App. 2000). Issues of jurisdiction are reviewed de novo. Roberto F. v. Dep’t of Child Safety, 235 Ariz. 388, 391, ¶ 7, 332 P.3d 614, 617 (App. 2014); see also David S. v. Audilio S., 201 Ariz. 134, 136, ¶ 1, 32 P.3d 417, 419 (App. 2001). The applicability of the Indian Child Welfare Act is reviewed de novo, but a juvenile court’s order transferring a case...
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