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38-9-5
Section 38-9-5 Emergency protective services. When there is brought to the attention
of a county department of human resources a person who is unable, because of physical or mental
disabilities, to provide for his basic needs for shelter, food, clothing or health care, and
whose health or safety is in immediate danger, the department may arrange for protective services
with the consent of the person. If the person is incapable of giving consent or does not consent,
the department shall petition the court for an order authorizing the department to arrange
for care for such person immediately. Upon a determination by the court that such care is
urgently and immediately necessary to protect the health or safety of the person, an appropriate
order of the court shall be issued authorizing the department to arrange for the placement
of such person in an approved foster home, licensed nursing home or other similar facility
immediately. At the proceeding to obtain the necessary order, any...
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12-15-314
Section 12-15-314 Dispositions for dependent children. (a) If a child is found to be
dependent, the juvenile court may make any of the following orders of disposition to protect
the welfare of the child: (1) Permit the child to remain with the parent, legal guardian,
or other legal custodian of the child, subject to conditions and limitations as the juvenile
court may prescribe. (2) Place the child under protective supervision under the Department
of Human Resources. (3) Transfer legal custody to any of the following: a. The Department
of Human Resources. b. A local public or private agency, organization, or facility willing
and able to assume the education, care, and maintenance of the child and which is licensed
by the Department of Human Resources or otherwise authorized by law to receive and provide
care for the child. c. A relative or other individual who, after study by the Department of
Human Resources, is found by the juvenile court to be qualified to receive and care for the...
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16-44B-1
Section 16-44B-1 Compact. ARTICLE I PURPOSE It is the purpose of this compact to remove
barriers to education success imposed on children of military families because of frequent
moves and deployment of their parents by: A. Facilitating the timely enrollment of children
of military families and ensuring that they are not placed at a disadvantage due to difficulty
in the transfer of education records from the previous school district(s) or variations in
entrance/age requirements. B. Facilitating the student placement process through which children
of military families are not disadvantaged by variations in attendance requirements, scheduling,
sequencing, grading, course content or assessment. C. Facilitating the qualification and eligibility
for enrollment, educational programs, and participation in extracurricular academic, athletic,
and social activities. D. Facilitating the on-time graduation of children of military families.
E. Providing for the promulgation and enforcement of...
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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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38-15-4
Section 38-15-4 Registration of certain youth residential institutions or organizations;
staff training plans; rights of children; licensing and inspection of food preparation areas;
access by law enforcement agencies. (a) Commencing on January 1, 2018, the department shall
register any religious, faith-based, or church nonprofit, other nonprofit, or for profit affiliated
youth residential facility, youth social rehabilitation facility, community treatment facility
for youths, youth transitional care facility, long term youth residential facility, private
alternative boarding school, private alternative outdoor program, and any organization entrusted
with the residential care of children in any organizational form or combination defined by
this section, whenever children are housed at the facility or location of the program
for a period of more than 24 hours. At a minimum, registered youth residential institution
or organization under this section shall do all of the following: (1) Be...
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38-9-6
Section 38-9-6 Protective placement or other protective services. (a) An interested
person may petition the court to order protective placement or other protective services for
an adult in need of protective services. No protective placement or other protective services
may be ordered unless there is a determination by the court that the person is unable to provide
for his or her own protection from abuse, neglect, exploitation, sexual abuse, or emotional
abuse. Upon a petition, setting forth the facts and name, age, sex, and residence of the person,
the court of the circuit in which the person resides shall appoint a day, not more than 30
days from the filing of the petition, for the hearing on the petition. If, on the hearing
of a petition, the person is not represented by counsel, the court shall appoint a guardian
ad litem to represent him or her. A jury of six persons shall be impanelled for the hearing
to serve as the trier of facts. (b) Costs of court proceedings under this...
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38-9-2
Section 38-9-2 Definitions. For the purposes of this chapter, the following terms shall
have the following meanings: (1) ABUSE. The infliction of physical pain, injury, or the willful
deprivation by a caregiver or other person of services necessary to maintain mental and physical
health. (2) ADULT IN NEED OF PROTECTIVE SERVICES. A person 18 years of age or older whose
behavior indicates that he or she is mentally incapable of adequately caring for himself or
herself and his or her interests without serious consequences to himself or herself or others,
or who, because of physical or mental impairment, is unable to protect himself or herself
from abuse, neglect, exploitation, sexual abuse, or emotional abuse by others, and who has
no guardian, relative, or other appropriate person able, willing, and available to assume
the kind and degree of protection and supervision required under the circumstances. (3) CAREGIVER.
An individual who has the responsibility for the care of a protected...
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12-15-130
Section 12-15-130 Ordering, conduct, and certification of findings of mental and physical
examinations of children; minors or children believed to be individuals with a mental illness
or an intellectual disability; treatment or care for children; payment; authority to order
emergency medical care for children. (a) Where there are indications that a child may be physically
ill, a child with mental illness or an intellectual disability, or an evaluation of a child
is needed to help determine issues of competency to understand judicial proceedings, mental
state at the time of the offense, or the ability of the child to assist his or her attorney,
the juvenile court, on its own motion or motion by the prosecutor, or that of the child's
attorney or guardian ad litem for the child, may order the child to be examined at a suitable
place by a physician, psychiatrist, psychologist, or other qualified examiner, under the supervision
of a physician, psychiatrist, or psychologist who shall certify...
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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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12-15-202
Section 12-15-202 Rights of the child. (a) Rights of the child when taken into custody.
When a child is taken into custody, the person taking the child into custody shall inform
the child of all of the following, in language understandable to the child: (1) The reason
that the child is being taken into custody. (2) That the child has the right to communicate
with his or her parent, legal guardian, or legal custodian whether or not that person is present.
If necessary, reasonable means will be provided for the child to do so. (3) The child has
the right to communicate with an attorney. If the child does not have an attorney, one will
be appointed for him or her. If the child has an attorney who is not present, reasonable means
shall be provided for the child to communicate with the attorney. (b) Rights of the child
before being questioned while in custody. Before the child is questioned about anything concerning
the charge on which the child was taken into custody, the person asking the...
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