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12-15-58
Section 12-15-58 Release, delivery to detention or shelter care facility, medical facility,
etc., of children taken into custody generally. THIS SECTION WAS AMENDED AND RENUMBERED
AS SECTION 12-15-127 BY ACT 2008-277, EFFECTIVE JANUARY 1, 2009. (Acts 1975, No. 1205,
p. 2384, §5-120; Acts 1996, No. 96-726, p. 1214, §2.)...
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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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12-15-208
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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12-15-61
Section 12-15-61 Definitions; facilities to be used for detention or shelter care of
children generally; when delinquent child, etc., may be detained in jail or other facility
for detention of adults; notification of court, etc., when child received at facility for
detention of adult offenders or persons charged with crimes; development of statewide system;
department to subsidize detention in regional facilities, may contract for detention; transfer
of child to detention facility, etc., when case transferred from juvenile court for criminal
prosecution. THIS SECTION WAS AMENDED AND RENUMBERED AS SECTION 12-15-208 BY
ACT 2008-277, EFFECTIVE JANUARY 1, 2009. (Acts 1975, No. 1205, p. 2384, §5-122; Acts 1990,
No. 90-674, p. 1304, §9; Acts 1991, No. 91-634, p. 1192, §1; Acts 1996, No. 96-570, p. 864,
§1.)...
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12-15-7
Section 12-15-7 Appointment, terms of office, etc., of probation officers; designation
of chief probation officer, etc.; duties of probation officers generally; powers of probation
officers and representatives of Department of Human Resources as to taking into custody and
placing in shelter or detention care of children generally; procedure upon taking into custody
of child by probation officer or representative of Department of Human Resources generally.
THIS SECTION WAS AMENDED AND RENUMBERED AS SECTION 12-15-107 BY ACT 2008-277,
EFFECTIVE JANUARY 1, 2009. (Acts 1975, No. 1205, p. 2384, §5-105; Acts 1984, No. 84-245,
p. 387; Act 98-392, p. 782, §2.)...
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12-15-107
Section 12-15-107 Juvenile probation officers - Duties of juvenile probation officers
generally; powers of juvenile probation officers as to taking into custody and placing in
shelter or detention care of children generally; procedure upon taking into custody of child
by juvenile probation officer generally. (a) For the purpose of carrying out the objectives
and purposes of this chapter and subject to the limitations of this chapter or imposed by
the juvenile court, a juvenile probation officer shall perform the following duties: (1) Make
investigations, reports, and recommendations to the juvenile court. (2) Serve as a juvenile
court intake officer when designated by the juvenile court judge. (3) Supervise and assist
a child placed on probation or aftercare by order of the juvenile court or other authority
of law until the terms of probation or aftercare expire or are otherwise terminated. (4) Make
appropriate referrals to other private or public departments or agencies of the...
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12-15-215
Section 12-15-215 Disposition of delinquent children or children in need of supervision
generally. (a) If the juvenile court finds on proof beyond a reasonable doubt, based upon
competent, material, and relevant evidence, that a child committed the acts by reason of which
the child is alleged to be delinquent or in need of supervision, it may proceed immediately
to hear evidence as to whether the child is in need of care or rehabilitation and to file
its findings thereon. In the absence of evidence to the contrary, a finding that the child
has committed an act which constitutes a felony is sufficient to sustain a finding that the
child is in need of care or rehabilitation. If the juvenile court finds that the child is
not in need of care or rehabilitation, it shall dismiss the proceedings and discharge the
child from any detention or other temporary care theretofore ordered. If the juvenile court
finds that the child is in need of care or rehabilitation, it may make any of the...
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12-15-125
Section 12-15-125 Taking into custody of children generally. (a) A child or minor may
be taken into custody for any of the following reasons: (1) Pursuant to an order of the juvenile
court. (2) By a law enforcement officer having reasonable grounds to believe that the child
or minor has run away from a juvenile detention, residential, shelter, or other care facility.
(3) By a law enforcement officer having reasonable grounds to believe that the child or minor
is suffering from an illness or injury or is in immediate danger from the surroundings of
the child or minor and that the immediate removal of the child or minor from those surroundings
is necessary for the protection of the health and safety of the child or minor. (b) In addition
to the grounds listed in subsection (a), a child may also be taken into custody for any of
the following reasons: (1) By a law enforcement officer for an alleged delinquent act pursuant
to the laws of arrest; (2) By a law enforcement officer who has...
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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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12-15-102
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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