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In re Zachary Q.

Court of Appeals of Arizona, First Division

October 1, 2015

In re ZACHARY Q.

Not for Publication – Rule 111(c), Rules of the Arizona Supreme Court

Appeal from the Superior Court in Maricopa County No. JV597476 The Honorable Steven P. Lynch, Commissioner

COUNSEL Maricopa County Attorney's Office, Phoenix By E. Catherine Leisch Counsel for Appellee

Maricopa County Public Advocate, Mesa By Suzanne Sanchez, Colleen A. Engineer Counsel for Appellant

Judge Patricia K. Norris delivered the decision of the Court, in which Presiding Judge Donn Kessler and Judge Andrew W. Gould joined.

MEMORANDUM DECISION

NORRIS, Judge

¶1 On appeal, Zachary Q. argues the juvenile court should not have revoked his probation because the probation term the juvenile court found he violated was not sufficiently detailed, and the juvenile court failed to make adequate findings of fact in support of the revocation. We disagree with the first argument, and although the juvenile court did not make adequate factual findings, its failure to do so does not constitute reversible error. Thus, we affirm the juvenile court's order revoking Zachary's probation.

FACTS AND PROCEDURAL BACKGROUND[1]

¶2 In June 2014, Zachary pleaded guilty to two felonies and the juvenile court placed him on probation. Term 19 of Zachary's probation required him to:

Participate in, cooperate with, and successfully complete all therapy, counseling, treatment, or placement as arranged by your parents, school, placement, or probation officer including:
Treatment @ The Resolution Group-to work w/ therapist[.]

¶3 In January 2015, the Resolution Group discharged Zachary for non-compliance with its rules and dishonesty in therapy sessions and in his written work. Because he had failed to complete his treatment at the Resolution Group, Zachary's probation officer petitioned to revoke his probation.

¶4 At the probation revocation hearing, Zachary's probation officer testified that, before Zachary began treatment, she went over the Resolution Group's expectations with him at "length, " and she "[got] pretty specific about what the expectations [were]." The probation officer also testified that before the Resolution Group discharged Zachary, she "had a number of conversations with him . . . in hopes of prompting him to come back into compliance." Zachary's therapist testified the Resolution Group informs juveniles of its rules and expectations when they are admitted for treatment, ...


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