12-15-410
Section 12-15-410 Evidence in commitment proceedings for minor and child with an intellectual
disability. (a) At the final hearing upon a petition seeking to commit a minor or child to
the department on the basis that the minor or child is a person with an intellectual disability,
the juvenile court may grant the petition if clear and convincing evidence proves all of the
following: (1) The minor or child sought to be committed is a person with an intellectual
disability. (2) The minor or child is not mildly retarded, as defined by the department. (3)
The minor or child, if allowed to remain in the community, is likely to cause serious injury
to himself, herself, or others, or that adequate care, rehabilitation, and training opportunities
are available only at a facility provided by the department. (b) Upon these findings, the
juvenile court shall enter an order setting forth the findings, and may order the minor or
child committed to the custody of the department. (c) The commissioner...
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12-15-503
Section 12-15-503 Recommendation by county team; decision by juvenile court of multiple
needs child. (a) Within 21 days of receipt of a juvenile court referral or within another
time specified by the juvenile court, the county team shall present to the juvenile court
a plan of services addressing the needs of the child referred to the county team and the respective
responsibilities of departments, agencies, and organizations composing this county team. Upon
receipt of this plan, the juvenile court may find the child a multiple needs child. When the
juvenile court finds it is in the best interests of the multiple needs child, the juvenile
court may order the use of any dispositional alternative or service available for dependent
children, delinquent children, or children in need of supervision, children who are emotionally
disturbed, children with an intellectual disability or mental illness, or children who need
specialized educational services, or children who need health services, or...
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12-15-110
Section 12-15-110 Punishment for contempt of court of persons disobeying orders of the
juvenile court generally. (a) Subject to the laws relating to the procedures therefor and
the limitations thereon, the juvenile court may punish a person for contempt of court for
disobeying an order of the juvenile court or for obstructing or interfering with the proceedings
of the juvenile court or the enforcement of its orders. (b) Notwithstanding the provisions
of subsection (a), the juvenile court shall be limited in the actions it may take with respect
to a child violating the terms and conditions of the order of protective supervision as this
term is defined in subdivision (5) of Section 12-15-301, to those which the juvenile
court could have taken at the time of the original disposition of the juvenile court pursuant
to subsection (a) of Section 12-15-314. (c) A finding of indirect contempt not based
on a delinquency petition does not constitute an adjudication of delinquency. (Acts 1975,
No....
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12-15-315
Section 12-15-315 Permanency hearing for Department of Human Resources cases only. (a)
Within 12 months of the date a child is removed from the home and placed in out-of-home care,
and not less frequently than every 12 months thereafter during the continuation of the child
in out-of-home care, the juvenile court shall hold a permanency hearing. The Department of
Human Resources shall present to the juvenile court at the hearing a permanent plan for the
child. The juvenile court shall consult with the child, in an age-appropriate manner, regarding
the permanency plan and any transition plan to independent living. If a permanent plan is
not presented to the juvenile court at this hearing, there shall be a rebuttable presumption
that the child should be returned home. This provision is intended to ensure that a permanent
plan is prepared by the Department of Human Resources and presented to the juvenile court
within 12 months of the placement of any child in foster care and no less...
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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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12-15-203
Section 12-15-203 Transfer of cases from juvenile court. (a) A prosecutor, before a
hearing on a delinquency petition on its merits and after notifying, verbally or in writing,
the juvenile probation officer, may file a motion requesting the juvenile court judge to transfer
a child for criminal prosecution to the circuit or district court, if the child was 14 or
more years of age at the time of the conduct charged and is alleged to have committed an act
which would constitute a criminal offense as defined by this code if committed by an adult.
(b) The juvenile court judge shall conduct a hearing on all motions for the purpose of determining
whether it is in the best interests of the child or the public to grant the motion. Only if
there are no reasonable grounds to believe the child is committable to an institution, department,
or agency for individuals with an intellectual disability or mental illness, may the juvenile
court judge order the case transferred for criminal prosecution....
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12-15-403
Section 12-15-403 Review of the petition by the juvenile court. (a) When at the time
a petition is filed, a juvenile court shall immediately review the petition and may require
the petitioner to be sworn and answer under oath questions in regard to the petition and the
minor or child sought to be committed. (b) If it appears from the face of the petition or
from the testimony of the petitioner that the petition is totally without merit, the juvenile
court shall order the petition dismissed without further proceedings. (Act 2008-277, p. 441,
§23.)...
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12-15-411
Section 12-15-411 Discharge of the minor or child from custody of the department. (a)
Any minor or child committed to the custody of the department who has gained maximum benefit
from institutional treatment, who is no longer in need of the services of the department,
or who has gained maximum benefit from the programs of the department shall be discharged
from the custody of the department. The minor or child shall not be received again by the
department pursuant to the original commitment order unless deemed appropriate by a court
of proper jurisdiction holding a subsequent hearing. (b) The department shall notify the committing
juvenile court or the court to which the case is transferred and the parties to the commitment
action in writing, which must be received by the juvenile court at least 10 days in advance
of the proposed discharge. The committing juvenile court, at the time of discharge, shall
transfer custody to a person or another state department or agency deemed suitable...
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30-3-169.3
Section 30-3-169.3 Change of custody. (a) Upon the entry of a temporary order or upon
final judgment permitting the change of principal residence of a child, a court may consider
a proposed change of principal residence of a child as a factor to support a change of custody
of the child. In determining whether a proposed or actual change of principal residence of
a minor child should cause a change in custody of that child, a court shall take into account
all factors affecting the child, including, but not limited to, the following: (1) The nature,
quality, extent of involvement, and duration of the child's relationship with the person proposing
to relocate with the child and with the non-relocating person, siblings, and other significant
persons or institutions in the child's life. (2) The age, developmental stage, needs of the
child, and the likely impact the change of principal residence of a child will have on the
child's physical, educational, and emotional development, taking into...
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15-20A-5
Section 15-20A-5 Sex offenses. For the purposes of this chapter, a sex offense includes
any of the following offenses: (1) Rape in the first degree, as provided by Section
13A-6-61. (2) Rape in the second degree, as provided by Section 13A-6-62. A juvenile
sex offender adjudicated delinquent of a violation of rape in the second degree is presumed
to be exempt from this chapter after the juvenile has been counseled on the dangers of the
conduct for which he or she was adjudicated delinquent unless the sentencing court makes a
determination that the juvenile sex offender is to be subject to this chapter. (3) Sodomy
in the first degree, as provided by Section 13A-6-63. (4) Sodomy in the second degree,
as provided by Section 13A-6-64. A juvenile sex offender adjudicated delinquent of
a violation of sodomy in the second degree is presumed to be exempt from this chapter after
the juvenile has been counseled on the dangers of the conduct for which he or she was adjudicated
delinquent unless...
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