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12-15-62
Section 12-15-62 Child 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; permanency hearing. THIS SECTION WAS AMENDED AND
RENUMBERED AS SECTION 12-15-209 BY ACT 2008-277, EFFECTIVE JANUARY 1, 2009. (Acts 1975, No.
1205, p. 2384, §5-123; Acts 1990, No. 90-674, p. 1304, §10; Act 98-372, p. 677, §1.)...
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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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12-15-107
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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12-15-128
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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12-15-215
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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12-15-102
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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12-15-133
Section 12-15-133 Filing and inspection of records. (a) The following records, reports, and
information acquired or generated in juvenile courts concerning children shall be confidential
and shall not be released to any person, department, agency, or entity, except as provided
elsewhere in this section: (1) Juvenile legal files (including formal documents as petitions,
notices, motions, legal memoranda, orders, and decrees). (2) Social records, including but
not limited to: a. Records of juvenile probation officers. b. Records of the Department of
Human Resources. c. Records of the Department of Youth Services. d. Medical records. e. Psychiatric
or psychological records. f. Reports of preliminary inquiries and predisposition studies.
g. Supervision records. h. Birth certificates. i. Individualized service plans. j. Education
records, including, but not limited to, individualized education plans. k. Detention records.
l. Demographic information that identifies a child or the family of a...
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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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12-15-321
Section 12-15-321 Periodic review of efforts to achieve adoption of child in custody of another
after parental rights terminated. Where the juvenile court has terminated the parental rights
and has placed legal custody of the child with the Department of Human Resources or with a
public or private licensed child-placing agency, the juvenile court, at least annually, shall
review the circumstances of the child to determine what efforts have been made to achieve
permanency for the child. (Acts 1984, No. 84-261, p. 442, §9; §26-18-9; amended and renumbered
by Act 2008-277, p. 441, §19.)...
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