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12-15-121
Section 12-15-121 Form, contents, and execution of juvenile petitions. (a) A juvenile
petition alleging delinquency, in need of supervision, or dependency may be signed by any
person 18 years of age or older, other than a juvenile court intake officer, who has knowledge
of the facts alleged or is informed of them and believes that they are true. However, the
person signing a dependency petition, in the petition or in an attached affidavit, shall give
information, if reasonably ascertainable, as required in Section 30-3B-209. (b) A petition
shall be entitled "In the matter of _____, a child" and shall be made under oath.
(c) The petition shall set forth with specificity all of the following: (1) The facts which
bring the child under the jurisdiction of the juvenile court, the facts constituting the alleged
dependency, delinquency, or need of supervision and the facts showing that the child is in
need of supervision, treatment, rehabilitation, care, or the protection of the state, as the...
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12-15-314
Section 12-15-314 Dispositions for dependent children. (a) If a child is found to be
dependent, the juvenile court may make any of the following orders of disposition to protect
the welfare of the child: (1) Permit the child to remain with the parent, legal guardian,
or other legal custodian of the child, subject to conditions and limitations as the juvenile
court may prescribe. (2) Place the child under protective supervision under the Department
of Human Resources. (3) Transfer legal custody to any of the following: a. The Department
of Human Resources. b. A local public or private agency, organization, or facility willing
and able to assume the education, care, and maintenance of the child and which is licensed
by the Department of Human Resources or otherwise authorized by law to receive and provide
care for the child. c. A relative or other individual who, after study by the Department of
Human Resources, is found by the juvenile court to be qualified to receive and care for the...
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12-15-102
Section 12-15-102 Definitions. When used in this chapter, the following words and phrases
have the following meanings: (1) ADULT. An individual 19 years of age or older. (2) AFTERCARE.
Conditions and supervision as the juvenile court orders after release from the Department
of Youth Services. (3) CHILD. An individual under the age of 18 years, or under 21 years of
age and before the juvenile court for a delinquency matter arising before that individual's
18th birthday, or under 19 years of age and before the juvenile court for a child in need
of supervision matter or commitment to the State Department of Mental Health or under 19 years
of age and before the juvenile court for a proceeding initiated under Section 12-15-115(b)(2).
Where a delinquency petition alleges that an individual, prior to the individual's 18th birthday,
has committed an offense for which there is no statute of limitation pursuant to Section
15-3-5, the term child also shall include the individual subject to the...
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12-15-308
Section 12-15-308 Filing of petition and conduct of 72-hour hearing as to necessity
for continuation of shelter care of a child. (a) When a child alleged to be dependent has
been removed from the custody of the parent, legal guardian, or legal custodian and has not
been returned to same, a hearing shall be held within 72 hours from the time of removal, Saturdays,
Sundays, and holidays included, to determine whether continued shelter care is required. (b)
Notice of the 72-hour hearing requirement, either verbal or written, stating the date, time,
place, and purpose of the hearing and the right to counsel shall be given to the parent, legal
guardian, or legal custodian if he or she can be found. (c) At the commencement of the 72-hour
hearing requirement, the juvenile court shall advise the parent, legal guardian, or legal
custodian of the right to counsel and shall appoint counsel if the juvenile court determines
he or she is indigent. If the juvenile court already has not done so, it...
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44-2-10
Section 44-2-10 Text of compact. The Interstate Compact for Juveniles is enacted into
law and entered into with all jurisdictions mutually adopting the compact in the form substantially
as follows: THE INTERSTATE COMPACT FOR JUVENILES Article I. Purpose. The compacting states
to this interstate compact recognize that each state is responsible for the proper supervision
or return of juveniles, delinquents and status offenders who are on probation or parole and
who have absconded, escaped or run away from supervision and control and in so doing have
endangered their own safety and the safety of others. The compacting states also recognize
that each state is responsible for the safe return of juveniles who have run away from home
and in doing so have left their state of residence. The compacting states also recognize that
Congress, by enacting the Crime Control Act, 4 U.S.C. Section 112 (1965), has authorized
and encouraged compacts for cooperative efforts and mutual assistance in the...
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12-15-502
Section 12-15-502 Referral of multiple needs child case to county team. After the filing
of a petition alleging that a child is delinquent, dependent, or in need of supervision, or
after the filing of a petition seeking mental commitment of a minor or child pursuant to Article
4, the juvenile court, on its own motion or motion of a party, may refer the above-referenced
child to the county team for recommendation if the petition alleged or evidence reveals to
the juvenile court that the child may be a multiple needs child. If the case involves a child
in need of supervision, or a status offender as defined in subdivision (4) of Section
12-15-201, who is at imminent risk of being placed in the legal or physical custody of the
Department of Human Resources, the juvenile court shall refer the case to the county team.
This referral may occur prior to any hearing, or the juvenile court may suspend proceedings
during the hearing or prior to disposition to review the findings and...
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12-15-128
Section 12-15-128 Authority and criteria for continuation of detention or shelter care
of children taken into custody beyond 72 hours. (a) An allegedly delinquent child, dependent
child, or child in need of supervision lawfully taken into custody shall immediately be released,
upon the ascertainment of the necessary facts, to the care, custody, and control of the parent,
legal guardian, or legal custodian of the child or other suitable person able to provide supervision
and care for the child, unless the juvenile court or juvenile court intake officer, subject
to the limitations in Section 12-15-208, finds any of the following: (1) The child
has no parent, legal guardian, legal custodian, or other suitable person able to provide supervision
and care for the child. (2) The release of the child would present a clear and substantial
threat of a serious nature to the person or property of others and where the child is alleged
to be delinquent. (3) The release of the child would present a...
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12-15-701
Section 12-15-701 Definitions; applicability of prostitution statutes; procedures. (a)
For the purposes of this section, sexually exploited child shall mean an individual
under the age of 18 years who is under the jurisdiction of the juvenile court and who has
been subjected to sexual exploitation because he or she is any of the following: (1) A victim
of the crime of human trafficking sexual servitude as provided in Section 13A-6-150,
et seq. (2) Engaged in prostitution as provided in Section 13A-12-120 or 13A-12-121.
(3) A victim of the crime of promoting prostitution as provided in Section 13A-12-111,
13A-12-112, or 13A-12-113. (b) A sexually exploited child may not be adjudicated delinquent
or convicted of a crime of prostitution as provided in Section 13A-12-120 or 13A-12-121,
or any municipal ordinance prohibiting such acts. (c) In any proceeding based upon a child's
arrest for an act of prostitution, there is a presumption that the child satisfies the definition
of a sexually...
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12-15-207
Section 12-15-207 Filing of petition and conduct of hearing as to necessity for continuation
of detention or shelter care of a child; violation of probation and aftercare. (a) When a
child is not released from detention or shelter care as provided in Section 12-15-127,
a petition shall be filed and a hearing held within 72 hours of placement in detention or
shelter care, Saturdays, Sundays, and holidays included, to determine probable cause and to
determine whether or not continued detention or shelter care is required. (b) Notice of the
detention or shelter care hearing, either verbal or written, stating the date, time, place,
and purpose of the hearing and the right to counsel shall be given by a juvenile probation
officer to the parent, legal guardian, or legal custodian if they can be found and to the
child if the child is over 12 years of age . (c) At the commencement of the detention or shelter
care hearing, the juvenile court shall advise the parent, legal guardian, legal...
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12-15-208
Section 12-15-208 Facilities to be used for detention or shelter care of children generally;
when child may be detained in jail or other facility for detention of adults; notification
of juvenile court, when child received at facility for detention of adult offenders or persons
charged with crimes; development of statewide system; Department of Youth Services to subsidize
detention in regional facilities, may contract for detention; transfer of child to detention
facility, when case transferred from juvenile court for criminal prosecution. (a) Persons
who shall not be detained or confined in secure custody include all of the following: (1)
STATUS OFFENDERS. Effective October 1, 2009, status offenders, as defined in this article,
shall not be detained or confined in secure custody, except that a status offender who is
charged with or who commits a violation of a valid court order may be detained in secure custody
in a juvenile detention facility for up to 72 hours in any six-month...
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