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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, ยง23.)...
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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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