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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12-15-210
Section 12-15-210 Notification to children of right to counsel; appointment of counsel
by juvenile court. (a) In delinquency and child in need of supervision cases, a child and
his or her parent, legal guardian, or legal custodian shall be advised by the juvenile court
or its representative at intake that the child has the right to be represented at all stages
of the proceedings by a child's attorney retained by them or, if they are unable to afford
a child's attorney, by a child's attorney appointed by the juvenile court. (b) If a child's
attorney is not retained by the child or a party in a juvenile court proceeding in which there
is a reasonable likelihood such may result in a placement in an institution in which the freedom
of the child is curtailed, a child's attorney shall be appointed to defend the child. (c)
In delinquency and child in need of supervision proceedings, a juvenile court may appoint
a guardian ad litem in addition to the child's attorney described in this section....

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12-15-127
Section 12-15-127 Release, delivery to detention or shelter care facility, medical facility
of children taken into custody generally. (a) A person taking a child into custody without
an order of the juvenile court shall, with all possible speed, and in accordance with this
chapter and the rules of court pursuant thereto: (1) Release the child to the parents, legal
guardian, or legal custodian of the child or other suitable person able to provide supervision
and care for the child and issue verbal counsel and warning as may be appropriate. (2) Release
the child to the parents, legal guardian, or legal custodian of the child upon his or her
promise to bring the child before the juvenile court when requested, unless the placement
of the child in detention or shelter care appears required. If a parent, legal guardian, or
other legal custodian fails, when requested, to bring the child before the juvenile court
as provided in this section, the juvenile court may issue an order directing that...

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12-15-313
Section 12-15-313 Ordering and preparation of report concerning a child and family;
ordering, conduct, and certification of findings of physical or mental examination of child
prior to hearing on petition generally; examination of parent, legal guardian, or legal custodian
after hearing where ability to care for or supervise child at issue. (a) After a petition
alleging dependency has been filed, the juvenile court may direct that a study and report
to the juvenile court be made by the Department of Human Resources with recommendations concerning
the child, his or her family, his or her environment, and other matters relevant to the need
for treatment or disposition of the case. (b) Where there are indications that the child may
be physically ill or a child with mental illness or an intellectual disability, on its own
motion or motion of a party, may order the child to be examined at a suitable place by a physician,
psychiatrist, psychologist, or other qualified examiner under the...
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12-15-402
Section 12-15-402 Authority and procedure. (a) The state, any county, any municipality,
or any governmental department or agency, including, but not limited to, the Department of
Human Resources or the Department of Youth Services, or any person, including a parent, legal
guardian, or legal custodian, may file a petition in the juvenile court to have any minor
or child, as defined in this chapter, committed to the custody of the department on the basis
that the minor or child is an individual with a mental illness or intellectual disability
and, as a consequence of that mental illness or intellectual disability, poses a real and
present threat of substantial harm to self or to others. (b) The petition shall be verified
and filed in the county in which the minor or child is located or resides, petitioning the
juvenile court to commit the minor or child to the custody of the department. (Acts 1975,
No. 1205, p. 2384, §5-137; Acts 1985, 2nd Ex. Sess., No. 85-928; §12-15-90; amended and...

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12-15-407
Section 12-15-407 Probable cause hearings for temporary confinement of the minor or
child. (a) If the juvenile court finds it necessary to temporarily confine or restrain the
minor or child, pending final hearing upon a petition for mental commitment of the minor or
child in the custody of any person, department, or agency other than his or her parent, legal
guardian, or legal custodian, the juvenile court at the time the confinement is ordered shall
set the matter for a hearing within seven days to determine if probable cause exists that
the minor or child should be committed. At the probable cause hearing, the juvenile court
shall determine if it is necessary to continue the restraint or confinement pending the final
hearing. (b) Upon a finding of probable cause that the minor or child should be committed,
the juvenile court shall enter an order so stating and setting the date, time, and place of
the hearing on the merits of the petition. (c) The final hearing shall be held on the...
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12-15-301
Section 12-15-301 Definitions. For purposes of this article, the following words and
phrases shall have the following meanings: (1) ABANDONMENT. A voluntary and intentional relinquishment
of the custody of a child by a parent, or a withholding from the child, without good cause
or excuse, by the parent, of his or her presence, care, love, protection, maintenance, or
the opportunity for the display of filial affection, or the failure to claim the rights of
a parent, or failure to perform the duties of a parent. (2) AGE APPROPRIATE or DEVELOPMENTALLY
APPROPRIATE. Activities or items that are generally accepted as suitable for children of the
same chronological age or level of maturity or that are determined to be developmentally appropriate
for a child based on the development of cognitive, emotional, physical, and behavioral capacities
that are typical for an age or age group and, in the case of a specific child, activities
or items that are suitable for the child based on the...
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12-15-209
Section 12-15-209 Children to be released when full-time detention or shelter care not
required; conditions imposed upon release; amendment of conditions or return of child to custody
upon failure to conform to conditions imposed. (a) When the juvenile court finds that full-time
detention or shelter care of a child is not required, the juvenile court shall order the release
of the child, and in so doing, may impose one or more of the following conditions: (1) Place
the child in the custody of a parent, legal guardian, legal custodian, or any other person
whom the juvenile court deems proper, or place the child with a department, agency, or organization
agreeing to supervise the child. (2) Place restrictions on the travel, association, or place
of abode of the child during the period of his or her release, or place the child under electronic
or telephone monitoring, if available. (3) Impose any other condition deemed reasonably necessary
and consistent with the criteria for detaining...
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12-15-405
Section 12-15-405 Notice of hearing; appointment of counsel for the minor or child.
(a) When any minor or child against whom a petition has been filed seeking to commit the minor
or child to the custody of the department is initially brought before the juvenile court,
the juvenile court shall provide a copy of the petition and if requested, read the petition
to the minor or child and to his or her parent, legal guardian, or legal custodian and counsel,
and inform those persons verbally and in writing of the date, time, and place of the next
hearing to be held in regard to the minor or child, the purpose of the hearing, the rights
of the minor or child at the hearing, and the possible consequences of the hearing. (b) The
juvenile court shall appoint a child's attorney for the minor or child. The juvenile court
may appoint a guardian ad litem in addition to the child's attorney. No statement made or
act done by the minor or child in the presence of the juvenile court prior to the minor...

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12-15-309
Section 12-15-309 Alleged dependent child to be released when continued shelter care
not required; conditions imposed upon release; amendment of conditions or return of child
to custody upon failure to conform to conditions imposed. (a) When the juvenile court finds
that continued shelter care is not required for a child, the juvenile court shall order the
return of the child, and in so doing, may impose one or more of the following conditions singly
or in combination: (1) Return the child to the custody of the parent, legal guardian, or legal
custodian and, if necessary, place the child under the supervision of the Department of Human
Resources. (2) Place restrictions on travel, associations, or living conditions of the child
pending the adjudicatory hearing. (b) An order releasing a child on any conditions specified
may at any time be amended to impose additional or different conditions. (Act 2008-277, p.
441, §18.)...
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