Sections
Article 1 General Provisions 8-101 – 8-136
Article 2 Adoption Subsidies 8-141 – 8-145
Article 3 Nonrecurring Adoption Expenses 8-161 – 8-166
Article 4 Interstate Adoption Assistance Compacts 8-171 – 8-173
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Terms Used In Arizona Laws > Title 8 > Chapter 1 - Adoption

  • Abandoned: means left without provision for reasonable and necessary care or supervision. See Arizona Laws 25-1002
  • Abuse: means the infliction or allowing of physical injury, impairment of bodily function or disfigurement or the infliction of or allowing another person to cause serious emotional damage as evidenced by severe anxiety, depression, withdrawal or untoward aggressive behavior and which emotional damage is diagnosed by a medical doctor or psychologist and is caused by the acts or omissions of an individual who has the care, custody and control of a child. See Arizona Laws 8-201
  • Accuser: means a person who signs and swears to charges, a person who directs that charges nominally be signed and sworn to by another and any other person who has an interest other than an official interest in the prosecution of the accused. See Arizona Laws 26-1001
  • Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
  • Additional wagering facility: means a facility that is not the enclosure in which authorized racing takes place but that meets the requirements of section 5-111, subsection A and is used by a permittee for handling pari-mutuel wagering. See Arizona Laws 5-101
  • adoption agency: means a person other than the division licensed by the division to place children for adoption, including an attorney or law firm. See Arizona Laws 8-101
  • Adoption subsidy: means a grant that is provided to a child with special needs and that has been applied for through the department. See Arizona Laws 8-141
  • Adult: means a person eighteen years of age or older. See Arizona Laws 8-101
  • Adult: means a person who has attained eighteen years of age. See Arizona Laws 1-215
  • Advance deposit wagering: means a form of pari-mutuel wagering that allows a person to deposit monies in advance in an account with an advance deposit provider and use the monies to pay for pari-mutuel wagering on live or simulcast racing that the advance deposit pari-mutuel wagering permittee accepts or makes. See Arizona Laws 5-101
  • Advance deposit wagering provider: means a betting system or multijurisdictional wagering provider that is authorized to conduct advance deposit wagering pursuant to this article. See Arizona Laws 5-101
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
  • Agency: means the department or a child welfare agency that is authorized in its license issued by the department to place or care for children in foster care. See Arizona Laws 8-141
  • Agency placement adoption: means an adoption proceeding in which one or more of the requisite consents are given to an agency pursuant to section 8-107, subsection D, paragraph 1. See Arizona Laws 8-101
  • Aggregate: means cinder, crushed rock or stone, decomposed granite, gravel, pumice, pumicite and sand. See Arizona Laws 27-101
  • Allegation: something that someone says happened.
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Applicant: means a person, partnership, association or corporation placing before the department an application for a permit or license. See Arizona Laws 5-101
  • Application: means the completion of the department application form with documentation of the child's special needs. See Arizona Laws 8-141
  • Application: means the completion of the department application form with documentation of the child's special needs and nonrecurring expenses related to the adoption. See Arizona Laws 8-161
  • apprehension: means taking a person into custody. See Arizona Laws 26-1001
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
  • Arrearage: means the total unpaid support owed, including child support, past support, spousal maintenance and interest. See Arizona Laws 25-500
  • Arrest: means the restraint of a person by an order, not imposed as a punishment for an offense, directing the person to remain within certain specified limits. See Arizona Laws 26-1001
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • association: when used in reference to a corporation, includes successors or assigns. See Arizona Laws 4-101
  • Association: means a body of persons, corporations, partnerships or associations, united and acting together without a charter from the state for the prosecution of some common enterprise. See Arizona Laws 5-101
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Benefit: means anything of value or advantage, present or prospective. See Arizona Laws 13-105
  • Biometric identity verification device: means a device authorized by the department that instantly verifies the identity and age of a person by an electronic scan of a biometric of the person, through a fingerprint, iris image, facial image or other biometric characteristic, or any combination of these characteristics, that references the person's identity and age against any record described in section 4-241, subsection K, and that meets all of the following conditions:

    (a) The authenticity of the record was previously verified by an electronic authentication process. See Arizona Laws 4-101

  • Board: means the state liquor board. See Arizona Laws 4-101
  • Bribe: means anything of value or advantage, present or prospective, asked, offered, given, accepted or promised with a corrupt intent to influence, unlawfully, the person to whom it is given in that person's action, vote or opinion, in any public or official capacity. See Arizona Laws 1-215
  • Broken package: means any container of spirituous liquor on which the United States tax seal has been broken or removed or from which the cap, cork or seal placed on the container by the manufacturer has been removed. See Arizona Laws 4-101
  • Candidate: means a candidate of the Arizona military academy. See Arizona Laws 26-1001
  • Chambers: A judge's office.
  • Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
  • Chief judge: The judge who has primary responsibility for the administration of a court but also decides cases; chief judges are determined by seniority.
  • Child: means an individual, whether over or under the age of majority, who is or is alleged to be owed a duty of support by the individual's parent or who is or is alleged to be the beneficiary of a support order directed to the parent. See Arizona Laws 25-1202
  • Child: means any person under eighteen years of age. See Arizona Laws 8-101
  • Child: means any person who is under the age of eighteen years, who is legally free for adoption and who otherwise may not be adopted because the person has special needs. See Arizona Laws 8-141
  • Child: means a person who is under the age of eighteen years and who is adopted in this state or placed for adoption from this state. See Arizona Laws 8-161
  • Child support guidelines: means the child support guidelines that are adopted by the state supreme court. See Arizona Laws 25-500
  • Child support order: means a support order for a child, including a child who has attained the age of majority under the law of the issuing state or foreign country. See Arizona Laws 25-1202
  • Club: includes any of the following organizations where the sale of spirituous liquor for consumption on the premises is made only to members, spouses of members, families of members, bona fide guests of members and guests at other events authorized in this title:

    (a) A post, chapter, camp or other local unit composed solely of veterans and its duly recognized auxiliary that has been chartered by the Congress of the United States for patriotic, fraternal or benevolent purposes and that has, as the owner, lessee or occupant, operated an establishment for that purpose in this state. See Arizona Laws 4-101

  • Code: means the Arizona code of military justice as set forth in this chapter. See Arizona Laws 26-1001
  • Commanding officer: means only commissioned officers. See Arizona Laws 26-1001
  • Commencement: means the filing of the first pleading in a proceeding. See Arizona Laws 25-1002
  • Commercial horse racing: means horse racing conducted other than by a county fair association. See Arizona Laws 5-101
  • Commercial nuclear generating station: means an electric power generating facility which is owned by a public service corporation, a municipal corporation or a consortium of public service corporations or municipal corporations and which produces electricity by means of a nuclear reactor. See Arizona Laws 26-301
  • Commission: means the Arizona racing commission. See Arizona Laws 5-101
  • Commission: means the industrial commission of Arizona. See Arizona Laws 23-1701
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Community supervision: means that portion of a felony sentence that is imposed by the court pursuant to section 13-603, subsection I and that is served in the community after completing a period of imprisonment or served in prison in accordance with Section 41-1604. See Arizona Laws 13-105
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Concessionaire: means a person, partnership, association or corporation that offers goods or services for sale to the public, a permittee or a licensee at an enclosure in which authorized racing takes place or an additional wagering facility. See Arizona Laws 5-101
  • Conciliation court: means a court of conciliation provided for in this article. See Arizona Laws 25-381.02
  • Concurrent resolution: A legislative measure, designated "S. Con. Res." and numbered consecutively upon introduction, generally employed to address the sentiments of both chambers, to deal with issues or matters affecting both houses, such as a concurrent budget resolution, or to create a temporary joint committee. Concurrent resolutions are not submitted to the President/Governor and thus do not have the force of law.
  • Confinement: means the physical restraint of a person. See Arizona Laws 26-1001
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Contraband: means any dangerous drug, narcotic drug, marijuana, intoxicating liquor of any kind, deadly weapon, dangerous instrument, explosive, wireless communication device, multimedia storage device or other article whose use or possession would endanger the safety, security or preservation of order in a correctional facility or a juvenile secure care facility as defined in section 41-2801, or of any person within a correctional or juvenile secure care facility. See Arizona Laws 13-2501
  • Contract: A legal written agreement that becomes binding when signed.
  • Control: means the power to direct or cause the direction of the management and policies of an applicant or licensee, whether through the ownership of voting securities or a partnership interest, by agreement or otherwise. See Arizona Laws 4-101
  • Controlling person: means a person directly or indirectly possessing control of an applicant or licensee. See Arizona Laws 4-101
  • Convention: means the convention on the international recovery of child support and other forms of family maintenance, concluded at the Hague on November 23, 2007. See Arizona Laws 25-1202
  • Correctional facility: means any place used for the confinement or control of a person:

    (a) Charged with or convicted of an offense; or

    (b) Held for extradition; or

    (c) Pursuant to an order of court for law enforcement purposes. See Arizona Laws 13-2501

  • Corruptly: means a wrongful design to acquire or cause some pecuniary or other advantage to the person guilty of the act or omission referred to, or to some other person. See Arizona Laws 1-215
  • Council: means the state emergency council. See Arizona Laws 26-301
  • Counterclaim: A claim that a defendant makes against a plaintiff.
  • County fair racing association: means an association duly authorized by the board of supervisors to conduct a county fair racing meeting for the benefit of the county. See Arizona Laws 5-101
  • Court: means an entity authorized under the law of a state to establish, enforce or modify a child custody determination. See Arizona Laws 25-1002
  • court: means the juvenile division of the superior court. See Arizona Laws 8-101
  • Court or administrative order: means a court or administrative agency ruling that requires a parent to provide support for that parent's child. See Arizona Laws 25-531
  • Craft distiller: means a distiller in the United States or in a territory or possession of the United States that holds a license pursuant to Section 4-205. See Arizona Laws 4-101
  • Craft producer: means a licensed farm winery, a licensed microbrewery or a licensed craft distiller. See Arizona Laws 4-101
  • Credit report: A detailed report of an individual's credit history prepared by a credit bureau and used by a lender in determining a loan applicant's creditworthiness. Source: OCC
  • Crime: means a misdemeanor or a felony. See Arizona Laws 13-105
  • Criminal street gang: means an ongoing formal or informal association of persons in which members or associates individually or collectively engage in the commission, attempted commission, facilitation or solicitation of any felony act and that has at least one individual who is a criminal street gang member. See Arizona Laws 13-105
  • Custody: means the imposition of actual or constructive restraint pursuant to an on-site arrest or court order but does not include detention in a correctional facility, juvenile detention center or state hospital. See Arizona Laws 13-2501
  • Custody: means a status embodying all of the following rights and responsibilities:

    (a) The right to have the physical possession of the child. See Arizona Laws 8-101

  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Dangerous drug: means dangerous drug as defined in section 13-3401. See Arizona Laws 13-105
  • Dangerous instrument: means anything that under the circumstances in which it is used, attempted to be used or threatened to be used is readily capable of causing death or serious physical injury. See Arizona Laws 13-105
  • Daytime: means the period between sunrise and sunset. See Arizona Laws 1-215
  • Decedent: A deceased person.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Department: means the department of liquor licenses and control. See Arizona Laws 4-101
  • Department: means the department of child safety. See Arizona Laws 8-201
  • Department: means the department of economic security. See Arizona Laws 25-500
  • Department: means the department of gaming. See Arizona Laws 5-101
  • Dependent: A person dependent for support upon another.
  • Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
  • Desensitized: means that a horse's legs on arrival at the receiving barn or saddling paddock do not respond appropriately to tests for feeling administered by an official veterinarian. See Arizona Laws 5-101
  • Devise: To gift property by will.
  • Direct placement adoption: means an adoption proceeding in which one or more of the requisite consents are given to a particular person pursuant to section 8-107, subsection D, paragraph 2. See Arizona Laws 8-101
  • Director: means the director of the department of liquor licenses and control. See Arizona Laws 4-101
  • Director: means the director of the division. See Arizona Laws 26-301
  • Director: means the director of the department of gaming. See Arizona Laws 5-101
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Distilled spirits: includes alcohol, brandy, whiskey, rum, tequila, mescal, gin, absinthe, a compound or mixture of any of them or of any of them with any vegetable or other substance, alcohol bitters, bitters containing alcohol, fruits preserved in ardent spirits, and any alcoholic mixture or preparation, whether patented or otherwise, that may in sufficient quantities produce intoxication. See Arizona Laws 4-101
  • Division: means the division of emergency management within the department of emergency and military affairs. See Arizona Laws 26-301
  • Division: means the department of child safety. See Arizona Laws 8-101
  • Dog racing: means racing in which greyhound dogs chase a mechanical lure. See Arizona Laws 5-101
  • Donor: The person who makes a gift.
  • Duty of support: means an obligation imposed or imposable by law to provide support for a child, spouse or former spouse, including an unsatisfied obligation to provide support. See Arizona Laws 25-1202
  • Economic loss: means any loss incurred by a person as a result of the commission of an offense. See Arizona Laws 13-105
  • Emergency functions: includes warning and communications services, relocation of persons from stricken areas, radiological defense, temporary restoration of utilities, plant protection, transportation, welfare, public works and engineering, search or rescue, health and medical services, law enforcement, fire fighting, mass care, resource support, urban search or rescue, hazardous materials, food and energy information and planning and other activities necessary or incidental thereto. See Arizona Laws 26-301
  • Emergency management: means the preparedness, response, recovery and mitigation activities necessary to respond to and recover from disasters, emergencies or contingencies. See Arizona Laws 26-301
  • Emergency worker: means any person who is registered, whether temporary or permanent, paid or volunteer, with a local or state emergency management organization and certified by the local or state emergency management organization for the purpose of engaging in authorized emergency management activities or performing emergency functions, or who is an officer, agent or employee of this state or a political subdivision of this state and who is called on to perform or support emergency management activities or perform emergency functions. See Arizona Laws 26-301
  • Emotional disturbance: means a condition which impedes the child's ordinary developmental progress as defined by accepted psychiatric or psychological standards and as diagnosed by one or more psychiatrists or psychologists approved by the department. See Arizona Laws 8-141
  • Emotional ties: includes :

    (a) Identification of the child as a member of the foster family. See Arizona Laws 8-141

  • Employee: includes a person employed by an enterprise or an agent or fiduciary of a principal. See Arizona Laws 13-2601
  • Employee: means any person who performs any service on licensed premises on a full-time, part-time or contract basis with consent of the licensee, whether or not the person is denominated an employee or independent contractor or otherwise. See Arizona Laws 4-101
  • Employer: includes an enterprise or principal. See Arizona Laws 13-2601
  • Entered: means that a horse or dog has been registered with an authorized racing official as a participant in a specified race and has not been withdrawn prior to presentation of the horse or dog for inspection and testing as provided in section 5-105. See Arizona Laws 5-101
  • Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Escape: means departure from custody or from a juvenile secure care facility as described in section 41-2816, a juvenile detention facility or an adult correctional facility in which a person is held or detained with knowledge that such departure is unpermitted or failure to return to custody or detention following a temporary leave granted for a specific purpose or for a limited period. See Arizona Laws 13-2501
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state.
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • Farm winery: means a winery in the United States or in a territory or possession of the United States that holds a license pursuant to Section 4-205. See Arizona Laws 4-101
  • Federal public defender: An attorney employed by the federal courts on a full-time basis to provide legal defense to defendants who are unable to afford counsel. The judiciary administers the federal defender program pursuant to the Criminal Justice Act. Source: U.S. Courts
  • Fiduciary: A trustee, executor, or administrator.
  • Financial interest: means any direct pecuniary interest. See Arizona Laws 5-101
  • Firearm: means any loaded or unloaded handgun, pistol, revolver, rifle, shotgun or other weapon that will or is designed to or may readily be converted to expel a projectile by the action of expanding gases, except that it does not include a firearm in permanently inoperable condition. See Arizona Laws 13-105
  • Firm: means a business unit or enterprise that transacts business. See Arizona Laws 5-101
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Foreign country: means a country, including a political subdivision of a country, other than the United States, that authorizes the issuance of support orders and to which any of the following applies:

    (a) It has been declared under the law of the United States to be a foreign reciprocating country. See Arizona Laws 25-1202

  • Foreign support order: means a support order of a foreign tribunal. See Arizona Laws 25-1202
  • Foreign tribunal: means a court, administrative agency or quasi-judicial entity of a foreign country that is authorized to establish, enforce or modify support orders or to determine parentage of a child. See Arizona Laws 25-1202
  • Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. Source: OCC
  • Fraud: Intentional deception resulting in injury to another.
  • Fund: means the municipal firefighter cancer reimbursement fund. See Arizona Laws 23-1701
  • Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Government: means the state, any political subdivision of the state or any department, agency, board, commission, institution or governmental instrumentality of or within the state or political subdivision. See Arizona Laws 13-105
  • Governmental function: means any activity that a public servant is legally authorized to undertake on behalf of a government. See Arizona Laws 13-105
  • Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
  • Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. Source: OCC
  • Handle: means the total amount of money contributed to all pari-mutuel pools by bettors. See Arizona Laws 5-101
  • Harness racing: means horse racing in which the horses are harnessed to a sulky, carriage or similar vehicle and driven by a driver. See Arizona Laws 5-101
  • Hazardous materials: means :

    (a) Any hazardous material designated pursuant to the hazardous materials transportation act of 1974 (P. See Arizona Laws 26-301

  • Health insurance coverage: means fee for service, health maintenance organization, preferred provider organization and other types of coverage under which medical services could be provided to the dependent children of a noncustodial parent. See Arizona Laws 25-531
  • Hearsay: Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court.
  • High risk of physical or mental disease: means a potentially debilitating condition as defined by accepted standards of the health service profession and as certified by one or more health service providers approved by the department. See Arizona Laws 8-141
  • High risk of severe emotional disturbance if removed from the care of his foster parents: means the development of significant emotional ties to the foster family as documented by the child's case manager and as diagnosed by a psychiatrist or psychologist approved by the department. See Arizona Laws 8-141
  • Home state: means :

    (a) The state in which a child lived with a parent or a person acting as a parent for at least six consecutive months immediately before the commencement of a child custody proceeding, including any period during which that person is temporarily absent from that state. See Arizona Laws 25-1002

  • Home state: means the state or foreign country in which a child lived with a parent or a person acting as parent for at least six consecutive months immediately preceding the time of filing a petition or a comparable pleading for support and, if a child is less than six months old, the state or foreign country in which the child lived from birth with any of them. See Arizona Laws 25-1202
  • Horse racing: means racing in which horses are mounted and ridden by jockeys. See Arizona Laws 5-101
  • Human smuggling organization: means an ongoing formal or informal association of persons in which members or associates individually or collectively engage in the smuggling of human beings. See Arizona Laws 13-105
  • In loco parentis: means a person who has been treated as a parent by a child and who has formed a meaningful parental relationship with a child for a substantial period of time. See Arizona Laws 25-401
  • Income: means any form of payment owed to an individual, regardless of source, including wages, salaries, commissions, bonuses, workers' compensation, disability payments, payments pursuant to a pension or retirement program and interest. See Arizona Laws 25-500
  • Income: includes earnings or other periodic entitlements to money from any source and any other property subject to withholding for support under the laws of this state. See Arizona Laws 25-1202
  • Income withholding order: means an order or other legal process directed to an obligor's employer, payor or other debtor to withhold support from the income of the obligor. See Arizona Laws 25-1202
  • Initial determination: means the first child custody determination concerning a particular child. See Arizona Laws 25-1002
  • Initiating tribunal: means the tribunal of a state or foreign country from which a petition or comparable pleading is forwarded or in which a petition or comparable pleading is filed for forwarding to another state or foreign country. See Arizona Laws 25-1202
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Irrevocable trust: A trust arrangement that cannot be revoked, rescinded, or repealed by the grantor.
  • Issuing court: means the court that makes a child custody determination for which enforcement is sought under this chapter. See Arizona Laws 25-1002
  • Issuing state: means the state in which a tribunal issues a support order or a judgment determining parentage of a child. See Arizona Laws 25-1202
  • Issuing tribunal: means the tribunal of a state or foreign country that issues a support order or a judgment determining parentage of a child. See Arizona Laws 25-1202
  • Joint committee: Committees including membership from both houses of teh legislature. Joint committees are usually established with narrow jurisdictions and normally lack authority to report legislation.
  • Joint legal decision-making: means both parents share decision-making and neither parent's rights or responsibilities are superior except with respect to specified decisions as set forth by the court or the parents in the final judgment or order. See Arizona Laws 25-401
  • Joint tenancy: A form of property ownership in which two or more parties hold an undivided interest in the same property that was conveyed under the same instrument at the same time. A joint tenant can sell his (her) interest but not dispose of it by will. Upon the death of a joint tenant, his (her) undivided interest is distributed among the surviving joint tenants.
  • Judge advocate: means an officer of the judge advocate general's corps of the United States army or the army national guard of the United States or an officer of the United States air force or the air national guard of the United States who is designated as a judge advocate. See Arizona Laws 26-1001
  • juvenile: means an individual who is under eighteen years of age. See Arizona Laws 8-201
  • 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. See Arizona Laws 8-201
  • Law: includes decisional and statutory law and rules and regulations having the force of law. See Arizona Laws 25-1202
  • Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Legal decision-making: means the legal right and responsibility to make all nonemergency legal decisions for a child including those regarding education, health care, religious training and personal care decisions. See Arizona Laws 25-401
  • Legal drinking age: means twenty-one years of age or older. See Arizona Laws 4-101
  • Legal parent: means a biological or adoptive parent whose parental rights have not been terminated. See Arizona Laws 25-401
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • License: means a license or an interim retail permit issued pursuant to this title. See Arizona Laws 4-101
  • License: means the license issued by the department to each employee or other person participating in any capacity in a racing meeting, including officials and employees of the pari-mutuel department. See Arizona Laws 5-101
  • Licensee: means a person who has been issued a license or an interim retail permit pursuant to this title or a special event licensee. See Arizona Laws 4-101
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Local emergency: means the existence of conditions of disaster or of extreme peril to the safety of persons or property within the territorial limits of a county, city or town, which conditions are or are likely to be beyond the control of the services, personnel, equipment and facilities of such political subdivision as determined by its governing body and which require the combined efforts of other political subdivisions. See Arizona Laws 26-301
  • Magistrate: means an officer having power to issue a warrant for the arrest of a person charged with a public offense and includes the chief justice and justices of the supreme court, judges of the superior court, judges of the court of appeals, justices of the peace and judges of a municipal court. See Arizona Laws 1-215
  • Magistrate judges: Judicial officers who assist U.S. district judges in getting cases ready for trial, who may decide some criminal and civil trials when both parties agree to have the case heard by a magistrate judge instead of a judge.
  • Manager: means a natural person who meets the standards required of licensees and who has authority to organize, direct, carry on, control or otherwise operate a licensed business on a temporary or full-time basis. See Arizona Laws 4-101
  • Microbrewery: means a brewery in the United States or in a territory or possession of the United States that meets the requirements of Section 4-205. See Arizona Laws 4-101
  • Military: means any or all of the armed forces of this state, the United States or any other state. See Arizona Laws 26-1001
  • Military judge: means an official of a general or special court-martial detailed in accordance with section 26-1026. See Arizona Laws 26-1001
  • Mineral resources: means all metallic, nonmetallic and energy resources, including aggregate, coal, oil, natural gas, geothermal resources, carbon dioxide and helium. See Arizona Laws 27-101
  • Minerals: includes metals and metallic and nonmetallic minerals, except oil and gas. See Arizona Laws 27-101
  • Minor children: means persons under eighteen years of age. See Arizona Laws 1-215
  • Mitigation: means measures taken to reduce the need to respond to a disaster and to reduce the cost of disaster response and recovery. See Arizona Laws 26-301
  • Modification: means a child custody determination that changes, replaces, supersedes or is otherwise made after a previous determination concerning the same child, whether or not it is made by the court that made the previous determination. See Arizona Laws 25-1002
  • Month: means a calendar month unless otherwise expressed. See Arizona Laws 1-215
  • Moral turpitude: means an offense, whether a misdemeanor or felony, that is related to extortion, burglary, larceny, bribery, embezzlement, robbery, racketeering, money laundering, forgery, fraud, murder, voluntary manslaughter or a sexual offense that requires the individual to register pursuant to section 13-3821. See Arizona Laws 1-215
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Mortgage loan: A loan made by a lender to a borrower for the financing of real property. Source: OCC
  • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
  • Municipal payor: means any of the following:

    (a) A workers' compensation insurer used by a city or town. See Arizona Laws 23-1701

  • Narcotic drug: means narcotic drugs as defined in section 13-3401. See Arizona Laws 13-105
  • National Credit Union Administration: The federal regulatory agency that charters and supervises federal credit unions. (NCUA also administers the National Credit Union Share Insurance Fund, which insures the deposits of federal credit unions.) Source: OCC
  • National guard: means the national guard of Arizona and the state guard when organized. See Arizona Laws 26-1001
  • negligently: import a want of such attention to the nature or probable consequence of the act or omission as a prudent man ordinarily bestows in acting in his own concerns. See Arizona Laws 1-215
  • Nighttime: means the period between sunset and sunrise. See Arizona Laws 1-215
  • Nonrecurring adoption expenses: means reasonable and necessary adoption fees, court costs, attorney fees and expenses which are directly related to the legal process of adoption of a child with special needs including costs relating to the adoption study, health and psychological examinations, supervision of the placement before the adoption, transportation and reasonable costs of lodging and food for the child or adoptive parents which are incurred to complete the adoption process, meet federal requirements and are not reimbursed by other sources. See Arizona Laws 8-161
  • Oath: A promise to tell the truth.
  • Oath: includes an affirmation or declaration. See Arizona Laws 1-215
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Obligee: means a person or agency entitled to receive support. See Arizona Laws 25-500
  • Obligee: means any of the following:

    (a) An individual to whom a duty of support is or is alleged to be owed or in whose favor a support order or a judgment determining parentage of a child has been issued. See Arizona Laws 25-1202

  • Obligor: means a person obligated to pay support. See Arizona Laws 25-500
  • Obligor: means an individual or the estate of a decedent that meets any of the following conditions:

    (a) Owes or is alleged to owe a duty of support. See Arizona Laws 25-1202

  • Off-sale retailer: means any person that operates a bona fide regularly established retail liquor store that sells spirituous liquors, wines and beer and any established retail store that sells commodities other than spirituous liquors and that is engaged in the sale of spirituous liquors only in the original unbroken package, to be taken away from the premises of the retailer and to be consumed off the premises. See Arizona Laws 4-101
  • Officer in charge: means a member of the National guard designated as the officer in charge by an appropriate authority. See Arizona Laws 26-1001
  • Omission: means the failure to perform an act as to which a duty of performance is imposed by law. See Arizona Laws 13-105
  • On-sale retailer: means any person operating an establishment where spirituous liquors are sold in the original container for consumption on or off the premises or in individual portions for consumption on the premises. See Arizona Laws 4-101
  • Outside this state: means a location in another state or a country other than the United States, whether or not the country is a foreign country. See Arizona Laws 25-1202
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Parenting time: means the schedule of time during which each parent has access to a child at specified times. See Arizona Laws 25-401
  • Pari-mutuel wagering: means a system of betting that provides for the distribution among the winning patrons of at least the total amount wagered less the amount withheld under state law. See Arizona Laws 5-101
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Party officer: means a person who holds any position or office in a political party, whether by election, appointment or otherwise. See Arizona Laws 13-2601
  • Peace officers: means sheriffs of counties, constables, marshals, policemen of cities and towns, commissioned personnel of the department of public safety, personnel who are employed by the state department of corrections and the department of juvenile corrections and who have received a certificate from the Arizona peace officer standards and training board, peace officers who are appointed by a multicounty water conservation district and who have received a certificate from the Arizona peace officer standards and training board, police officers who are appointed by community college district governing boards and who have received a certificate from the Arizona peace officer standards and training board, police officers who are appointed by the Arizona board of regents and who have received a certificate from the Arizona peace officer standards and training board, police officers who are appointed by the governing body of a public airport pursuant to section 28-8426 and who have received a certificate from the Arizona peace officer standards and training board, peace officers who are appointed by a private postsecondary institution pursuant to section 15-1897 and who have received a certificate from the Arizona peace officer standards and training board and special agents from the office of the attorney general, or of a county attorney, and who have received a certificate from the Arizona peace officer standards and training board. See Arizona Laws 1-215
  • Permanent occupancy: means the maximum occupancy of the building or facility as set by the office of the state fire marshal for the jurisdiction in which the building or facility is located. See Arizona Laws 4-101
  • Permit: means a permit for a racing meeting issued under this article. See Arizona Laws 5-101
  • Person: includes a partnership, limited liability company, association, company or corporation, as well as a natural person. See Arizona Laws 4-101
  • Person: means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government, governmental subdivision, agency or instrumentality, or public corporation or any other legal or commercial entity. See Arizona Laws 25-1002
  • Person: means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency or instrumentality, or any other legal or commercial entity. See Arizona Laws 25-1202
  • Person: includes a corporation, company, partnership, firm, association or society, as well as a natural person. See Arizona Laws 1-215
  • Person acting as a parent: means a person, other than a parent, who meets both of the following requirements:

    (a) Has physical custody of the child or has had physical custody for a period of six consecutive months, including any temporary absence, within one year immediately before the commencement of a child custody proceeding. See Arizona Laws 25-1002

  • Personal property: All property that is not real property.
  • Personal property: includes money, goods, chattels, things in action and evidences of debt. See Arizona Laws 1-215
  • Petition: means a written statement of the essential facts that allege delinquency, incorrigibility or dependency. See Arizona Laws 8-201
  • Petition: includes a complaint. See Arizona Laws 25-1202
  • Petitioner: includes both petitioners under a joint petition. See Arizona Laws 8-101
  • Petty offense: A federal misdemeanor punishable by six months or less in prison. Source: U.S. Courts
  • Physical custody: means the physical care and supervision of a child. See Arizona Laws 25-1002
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Plea agreement: An arrangement between the prosecutor, the defense attorney, and the defendant in which the defendant agrees to plead guilty in exchange for special considerations. Source:
  • Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
  • Population: means the population according to the most recent United States decennial census. See Arizona Laws 1-215
  • Possess: means knowingly to have physical possession or otherwise to exercise dominion or control over property. See Arizona Laws 13-105
  • Premarital agreement: means an agreement between prospective spouses that is made in contemplation of marriage and that is effective on marriage. See Arizona Laws 25-201
  • Preparedness: means actions taken to develop the response capabilities needed for an emergency. See Arizona Laws 26-301
  • Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Property: means an interest, present or future, legal or equitable, vested or contingent, in real or personal property, including income and earnings. See Arizona Laws 25-201
  • Property: includes both real and personal property. See Arizona Laws 1-215
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Public defender: Represent defendants who can't afford an attorney in criminal matters.
  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • Qualified young adult: means a former dependent child who is at least eighteen years of age and not over twenty-one years of age, who meets the criteria for an extended foster care program pursuant to Section 8-521. See Arizona Laws 8-201
  • Quorum: The number of legislators that must be present to do business.
  • Racial or ethnic factors: means Black, Hispanic, Native American, Asian or other heritage which may prevent a child from being adopted by a family of similar racial or ethnic origin. See Arizona Laws 8-141
  • Racing meeting: means a number of days of racing allotted by the commission in one permit. See Arizona Laws 5-101
  • Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and that is retrievable in perceivable form. See Arizona Laws 25-1202
  • Recovery: means short-term activities necessary to return vital systems and facilities to minimum operating standards and long-term activities required to return life to normal or improved levels. See Arizona Laws 26-301
  • Referral: means a report that is submitted to the juvenile court and that alleges that a child is dependent or incorrigible or that a juvenile has committed a delinquent or criminal act. See Arizona Laws 8-201
  • Register: means to file in a tribunal in this state a support order or judgment that determines parentage of a child and that is issued in another state or a foreign country. See Arizona Laws 25-1202
  • Registered mail: includes certified mail. See Arizona Laws 1-215
  • Registered retail agent: means any person who is authorized pursuant to section 4-222 to purchase spirituous liquors for and on behalf of the person and other retail licensees. See Arizona Laws 4-101
  • Registering tribunal: means a tribunal in which a support order or a judgment determining parentage of a child is registered. See Arizona Laws 25-1202
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
  • Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
  • Responding state: means a state in which a petition or comparable pleading for support or determination of parentage is filed or to which a petition or comparable pleading is forwarded for filing from another state or a foreign country. See Arizona Laws 25-1202
  • Responding tribunal: means the authorized tribunal in a responding state or a foreign country. See Arizona Laws 25-1202
  • Response: means activities that are designed to provide emergency assistance, limit the primary effects, reduce the probability of secondary damage and speed recovery operations. See Arizona Laws 26-301
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Sell: includes soliciting or receiving an order for, keeping or exposing for sale, directly or indirectly delivering for value, peddling, keeping with intent to sell and trafficking in. See Arizona Laws 4-101
  • Service of process: The service of writs or summonses to the appropriate party.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Simulcast: means the telecast shown within this state of live audio and visual signals of horse, harness or dog races conducted at an out-of-state track or the telecast shown outside this state of live audio and visual signals of horse or harness races originating within this state for the purpose of pari-mutuel wagering. See Arizona Laws 5-101
  • Sole legal decision-making: means one parent has the legal right and responsibility to make major decisions for a child. See Arizona Laws 25-401
  • Source market fee: means the fee that an advance deposit wagering provider pays to a commercial permittee in the state where the advance deposit wagering customer resides. See Arizona Laws 5-101
  • Special needs: means one or more of the following conditions which existed before the finalization of adoption:

    (a) Physical, mental or developmental disability. See Arizona Laws 8-141

  • Spirituous liquor: includes alcohol, brandy, whiskey, rum, tequila, mescal, gin, wine, porter, ale, beer, any malt liquor or malt beverage, absinthe, a compound or mixture of any of them or of any of them with any vegetable or other substance, alcohol bitters, bitters containing alcohol, any liquid mixture or preparation, whether patented or otherwise, that produces intoxication, fruits preserved in ardent spirits, and beverages containing more than one-half of one percent of alcohol by volume. See Arizona Laws 4-101
  • Spousal support order: means a support order for a spouse or former spouse of the obligor. See Arizona Laws 25-1202
  • State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands or any territory or insular possession subject to the jurisdiction of the United States. See Arizona Laws 25-1002
  • State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands or any territory or insular possession subject to the jurisdiction of the United States. See Arizona Laws 25-1202
  • State judge advocate: means the commissioned officer responsible for supervising the administration of military justice in the national guard. See Arizona Laws 26-1001
  • State of emergency: means the duly proclaimed existence of conditions of disaster or of extreme peril to the safety of persons or property within the state caused by air pollution, fire, flood or floodwater, storm, epidemic, riot, earthquake or other causes, except those resulting in a state of war emergency, which are or are likely to be beyond the control of the services, personnel, equipment and facilities of any single county, city or town, and which require the combined efforts of the state and the political subdivision. See Arizona Laws 26-301
  • State of war emergency: means the condition which exists immediately whenever this nation is attacked or upon receipt by this state of a warning from the federal government indicating that such an attack is imminent. See Arizona Laws 26-301
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
  • Subpoena: A command to a witness to appear and give testimony.
  • Subpoena duces tecum: A command to a witness to produce documents.
  • Summons: Another word for subpoena used by the criminal justice system.
  • Superior commissioned officer: means a commissioned officer superior in rank or command. See Arizona Laws 26-1001
  • Support: means the provision of maintenance or subsistence and includes medical insurance coverage, or cash medical support, and uncovered medical costs for the child, arrearages, interest on arrearages, past support, interest on past support and reimbursement for expended public assistance. See Arizona Laws 25-500
  • Support enforcement agency: means a public official, governmental entity or private agency authorized to do any of the following:

    (a) Seek the enforcement of support orders or laws relating to the duty of support. See Arizona Laws 25-1202

  • Support order: means a judgment, decree, order, decision or directive, whether temporary, final or subject to modification, issued in a state or foreign country for the benefit of a child, a spouse or a former spouse, that provides for monetary support, health care, arrearages, retroactive support or reimbursement for financial assistance provided to an individual obligee in place of child support. See Arizona Laws 25-1202
  • Support payment clearinghouse: means the clearinghouse established pursuant to section 46-441. See Arizona Laws 25-500
  • Tamperproof sealed: means designed to prevent consumption without the removal of a tamperproof cap, seal, cork or closure that has a device, mechanism or adhesive that clearly shows whether a container has been opened. See Arizona Laws 4-101
  • Telephone: means any device that a person uses for voice communications in connection with the services of a telephone company. See Arizona Laws 5-101
  • Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
  • Testify: Answer questions in court.
  • Testify: includes every manner of oral statement under oath or affirmation. See Arizona Laws 1-215
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Tribe: means an Indian tribe or band or Alaskan native village that is recognized by federal law or formally acknowledged by a state. See Arizona Laws 25-1002
  • Tribunal: means a court, administrative agency or quasi-judicial entity authorized to establish, enforce or modify support orders or to determine parentage of a child. See Arizona Laws 25-1202
  • Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC
  • Trustee: A person or institution holding and administering property in trust.
  • Unauthorized racing meeting: means any racing meeting conducted outside the bounds of a permit. See Arizona Laws 5-101
  • Usury: Charging an illegally high interest rate on a loan. Source: OCC
  • Vehicle: means a device in, upon or by which any person or property is, may be or could have been transported or drawn upon a highway, waterway or airway, excepting devices moved by human power or used exclusively upon stationary rails or tracks. See Arizona Laws 13-105
  • Vehicle: means any means of transportation by land, water or air, and includes everything made use of in any way for such transportation. See Arizona Laws 4-101
  • Vending machine: means a machine that dispenses merchandise through the means of coin, token, credit card or other nonpersonal means of accepting payment for merchandise received. See Arizona Laws 4-101
  • Venue: The geographical location in which a case is tried.
  • Verdict: The decision of a petit jury or a judge.
  • Veteran: means a person who has served in the United States air force, army, navy, marine corps or coast guard, as an active nurse in the services of the American red cross, in the army and navy nurse corps in time of war, or in any expedition of the armed forces of the United States, and who has received a discharge other than dishonorable. See Arizona Laws 4-101
  • Visitation: means a schedule of time that occurs with a child by someone other than a legal parent. See Arizona Laws 25-401
  • Visitation: includes parenting time as defined in section 25-401. See Arizona Laws 25-1002
  • Voice vote: A vote in which the Presiding Officer states the question, then asks those in favor and against to say "Yea" or "Nay," respectively, and announces the result according to his or her judgment. The names or numbers of legisators voting on each side are not recorded.
  • Warrant: means an order issued by a court authorizing law enforcement officers to take physical custody of a child. See Arizona Laws 25-1002
  • Week: means seven consecutive days beginning on Monday and ending on Sunday, mountain standard time. See Arizona Laws 5-101
  • Wilfully: means , with respect to conduct or to a circumstance described by a statute defining an offense, that a person is aware or believes that the person's conduct is of that nature or that the circumstance exists. See Arizona Laws 1-215
  • Wine: means the product obtained by the fermentation of grapes, other agricultural products containing natural or added sugar or cider or any such alcoholic beverage fortified with grape brandy and containing not more than twenty-four percent of alcohol by volume. See Arizona Laws 4-101
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.
  • Writ: means an order or precept in writing issued in the name of the state or by a court or judicial officer. See Arizona Laws 1-215