Chapter 7A - JUVENILE COURT
- Section 26-7A-1 - Definition of terms
- Section 26-7A-2 - Original jurisdiction of dependency and delinquency proceedings-Effect of custody award in prior divorce proceedings-Application of Indian Child Welfare Act
- Section 26-7A-3 - Venue of dependency and delinquency proceedings-Transfer of proceedings
- Section 26-7A-4 - No costs or fees assessed against abused or neglected child-Assessment to parents or guardian-Fees permitted against supervised or delinquent child
- Section 26-7A-5 - Proceedings in best interest of child
- Section 26-7A-6 - Liberal construction for protection of child
- Section 26-7A-7 - Interference with court orders as contempt-Punishment
- Section 26-7A-8 - Court services officers-Appointment-Duties
- Section 26-7A-9 - State's attorneys to represent state and Department of Social Services-Exemption
- Section 26-7A-10 - Preliminary investigation by state's attorney-Authorized procedure on basis of investigation
- Section 26-7A-11 - Requirements for referral for informal adjustment or action
- Section 26-7A-11.1 - Criteria for referral for informal adjustment or action
- Section 26-7A-12 - Temporary custody by law enforcement officer or court services officer without court order
- Section 26-7A-12.1 - Child in possession of firearms on school property may be taken into temporary custody
- Section 26-7A-13 - Court-ordered temporary custody-Noticed hearing-Without noticed hearing
- Section 26-7A-13.1 - Hearing by intake officer
- Section 26-7A-13.2 - Delivery of juvenile to temporary custodian
- Section 26-7A-14 - Temporary care of child by caretaker designated by court-Limitation of temporary custody-Release
- Section 26-7A-15 - Notice to parents, guardian, or custodian of child taken into temporary custody-Notice of hearing-Information to Indian custodian or designated tribal agent-Failure to notify
- Section 26-7A-15.1 - Proceedings under certain chapters to which the Indian Child Welfare Act applies-Procedures
- Section 26-7A-15.2 - Form of notice to parent, custodian, or Indian tribe of child custody proceeding
- Section 26-7A-15.3 - Designated tribal agent defined
- Section 26-7A-16 - Child held until released by court
- Section 26-7A-17 - Notice to state's attorney of child taken into temporary custody-Written report-Notice to court
- Section 26-7A-18 - Temporary custody hearing-Best interests of child-Conducted telephonically
- Section 26-7A-19 - Options of court following temporary custody hearing for abused or neglected child
- Section 26-7A-19.1 - Preference for placement of abused or neglected child with relatives after hearing
- Section 26-7A-19.2 - Action by division when relative desires to take temporary or permanent placement of abused or neglected child
- Section 26-7A-20 - Release of child in need of supervision after temporary custody hearing-Exceptions
- Section 26-7A-21 - [Effective Until 7/1/2024] Release of delinquent child after temporary custody hearing-Exceptions
- Section 26-7A-21 - [Effective 7/1/2024] Release of delinquent child after temporary custody hearing-Exceptions
- Section 26-7A-22 - Temporary custody not an arrest
- Section 26-7A-23 - Temporary care, shelter, or detention facilities maintained by board of county commissioners
- Section 26-7A-24 - Intercounty contracts for use of facilities
- Section 26-7A-25 - County to care for children pending adjudication
- Section 26-7A-26 - Detention in jail with adult prisoners prohibited for abused or neglected child-Temporary detention-Detention with adults for child transferred to adult court
- Section 26-7A-27 - Police records of children taken into temporary custody-Confidentiality
- Section 26-7A-28 - Release of information on identity of child prohibited except by court order or when child adjudicated delinquent offender
- Section 26-7A-29 - Release of information to persons, agencies, or facilities with legitimate interest in child
- Section 26-7A-30 - Rights of child and parents, guardian, or custodian-Representation by attorney-Motion for new hearing-Appeal
- Section 26-7A-31 - Court appointed attorney-Compensation
- Section 26-7A-32 - Lien against property of parents for payment of court-appointed attorney-Exceptions-Limitation
- Section 26-7A-32.1 - Definition of terms regarding competency of juvenile
- Section 26-7A-32.2 - Incompetent juvenile not subject to chapters 26-8B or 26-8C
- Section 26-7A-32.3 - Raising issue of competency
- Section 26-7A-32.4 - Competency examination
- Section 26-7A-32.5 - Suspension of proceeding pending competency determination
- Section 26-7A-32.6 - Examiner's report
- Section 26-7A-32.7 - Competency determination hearing
- Section 26-7A-32.8 - Burden of proving competence
- Section 26-7A-32.9 - Statements by juvenile during competency evaluation not admissible
- Section 26-7A-32.10 - Competency may be revisited upon transfer to adult court
- Section 26-7A-32.11 - Procedure upon finding that juvenile not competent to proceed but probably will be competent in foreseeable future
- Section 26-7A-32.12 - Procedure upon finding that juvenile not competent to proceed and probably will not be competent in foreseeable future
- Section 26-7A-33 - Priority in scheduling hearings and trials
- Section 26-7A-34 - Conduct of hearings
- Section 26-7A-35 - Record of hearings
- Section 26-7A-36 - Hearings closed unless court compelled otherwise-Exceptions
- Section 26-7A-36.1 - Attendance at juvenile hearings by crime victims
- Section 26-7A-37 - Persons authorized to inspect or receive copies of records of court proceedings
- Section 26-7A-38 - Protection of identity of witnesses-Violation creates cause of action for civil damages-Contempt
- Section 26-7A-39 - Compulsory process for attendance of defense witnesses
- Section 26-7A-40 - Witness fees and expenses
- Section 26-7A-41 - Physical and mental health examination-Placement in suitable facility-Report
- Section 26-7A-42 - Court-ordered protection, support or dental, medical or surgical treatment-Parental consent-Costs
- Section 26-7A-43 - Petition alleging abused or neglected child, child in need of supervision or delinquent child-Required information-Verification
- Section 26-7A-44 - Summons-Unknown parties-Contents
- Section 26-7A-45 - Failure to appear before the court-Contempt
- Section 26-7A-46 - Hearing on petition upon waiver of notice
- Section 26-7A-47 - Service of summons
- Section 26-7A-48 - Publication of summons-Affidavit or certificate of publication
- Section 26-7A-49 - Warrant issued against parents, guardian, or custodian
- Section 26-7A-50 - Apprehension of child on warrant-Promise of parent, guardian, or custodian to produce child at hearing
- Section 26-7A-51 - Failure to produce child at hearing as contempt
- Section 26-7A-52 - Bond to secure court appearance of child in need of supervision or delinquent child
- Section 26-7A-53 - Appearance and answer by interested parties-Failure as default-Petition taken as admitted by default
- Section 26-7A-54 - Advisory hearing before adjudicatory hearing
- Section 26-7A-55 - Petition admitted to by all parties-Dispositional hearing-Petition not admitted to-Adjudicatory hearing-Interim order for temporary custody
- Section 26-7A-56 - Rules of procedure and evidence apply to adjudicatory hearings-Rules for other hearings prescribed by court
- Section 26-7A-57 - Discovery-"Respondent" defined-"Child" defined
- Section 26-7A-58 - Inspection by respondent or child of statements made by any respondent or child
- Section 26-7A-59 - Request for copy of prior order of adjudication or final decree of disposition
- Section 26-7A-60 - Right to inspect, copy, or photograph books, papers, documents, photographs, tangible objects, buildings, or places
- Section 26-7A-61 - Right of respondent or child to inspect, copy, or photograph results or reports of physical or mental examinations and scientific tests or experiments
- Section 26-7A-62 - Inspection of internal documents of state prohibited-Exceptions-Inspection of statements of state's witnesses prohibited-Exceptions
- Section 26-7A-63 - Statement of state's witness or prospective witness not subject to discovery until witness has testified
- Section 26-7A-64 - Examination upon request of statement by state's witness relating to subject matter of witness' testimony
- Section 26-7A-65 - Excise of nonsubject matter related material from witness' statement to be produced-Appeal
- Section 26-7A-66 - Witness' testimony struck from record upon state's attorney's election not to deliver statement to respondent or child
- Section 26-7A-67 - "Statement" defined
- Section 26-7A-68 - State's attorney may inspect, copy, or photograph documents or objects in possession of respondent or child
- Section 26-7A-69 - State's attorney's right to inspect, copy, or photograph physical or mental examination results and reports of scientific tests or experiments
- Section 26-7A-70 - State's attorney prohibited from inspection of internal documents made by respondent or child or attorneys in connection with case
- Section 26-7A-71 - Notice of additional evidence
- Section 26-7A-72 - Court order upon discovery motion
- Section 26-7A-73 - Failure of party to comply with discovery provisions
- Section 26-7A-74 - Depositions-"Respondent" defined-"Child" defined
- Section 26-7A-75 - Depositions only as provided by statute or rule-Motion by party due to exceptional circumstances
- Section 26-7A-76 - Notice of deposition-Right of child or respondent to be present-Waiver
- Section 26-7A-77 - Manner of taking and filing deposition-Examination and cross examination
- Section 26-7A-78 - Deposition enclosed, sealed, and endorsed-Transmitted to county clerk
- Section 26-7A-79 - Use of depositions
- Section 26-7A-80 - Objections to deposition testimony or evidence-Basis
- Section 26-7A-81 - Deposition by agreement of parties not precluded
- Section 26-7A-82 - Adjudicatory hearing following advisory hearing-Support of evidence
- Section 26-7A-83 - Evidence considered at adjudicatory hearing-Appearance of party preparing reports and materials used as evidence
- Section 26-7A-84 - Order to amend petition
- Section 26-7A-85 - Child with mental illness or intellectual disability-Suspension of hearing-Examination
- Section 26-7A-86 - Final order when allegations not supported by evidence-Additional findings and conclusions for abused or neglected child-Appeal
- Section 26-7A-87 - Adjudication subject to intermediate appeal-Dispositional proceedings-Interim dispositional decree
- Section 26-7A-88 - Examination, investigation, and reports of adjudicated child before final disposition
- Section 26-7A-89 - Continuance of case-Custody of child pending disposition-Term of continuance
- Section 26-7A-90 - Evidence heard at dispositional hearing-Interim decree-Final decree
- Section 26-7A-91 - Notice of entry of order of adjudication or final decree-Service of publication
- Section 26-7A-92 - Guardian of placed child
- Section 26-7A-93 - Placement subject to availability of space
- Section 26-7A-93.1 - [Repealed]
- Section 26-7A-94 - Provisions for payment of custodial care costs
- Section 26-7A-95 - Parents' duty to support child-Costs of custodial care payable on demand
- Section 26-7A-96 - Acceptance and expenditure of additional funds for custodial care costs
- Section 26-7A-97 - Order or decree of guardianship of child-Certified copy as authority for custody-Social studies, clinical reports, and other information transmitted with order
- Section 26-7A-98 - Order for payment of, or reimbursement for, support to guardian or conservator or institution-Reasonable payment-Security and enforcement of order-Modification
- Section 26-7A-99 - Order of wage assignment for support of child-Discovery of employment-Disobedience as contempt
- Section 26-7A-100 - Conservatorship of estate of child
- Section 26-7A-101 - Period of continuation of guardianship or conservatorship-Application for new guardian or conservator, restoration to parents or discharge of guardian or conservator
- Section 26-7A-102 - Jurisdiction of court
- Section 26-7A-103 - Court order for report by guardian or institution
- Section 26-7A-104 - Review dispositional hearing to remove guardian or institution or restore child to parents
- Section 26-7A-105 - Child not disqualified from public office, civil service, or military service-Not a criminal conviction
- Section 26-7A-106 - Proceedings not admissible in criminal or civil action against child
- Section 26-7A-107 - Order of protection-Authorized provisions-Termination, modification or extension of order
- Section 26-7A-107.1 - Provisions for violation of order of protection
- Section 26-7A-107.2 - Violation of order of protection as a misdemeanor
- Section 26-7A-108 - Modifying or setting aside order or decree-Hearing required on probation violation or change in legal custody
- Section 26-7A-108.1 - Suspension of probationary period under certain conditions
- Section 26-7A-109 - Petition for modification or termination of custody decree on change of circumstances
- Section 26-7A-110 - Petition for new hearing on ground of new evidence
- Section 26-7A-111 - Interstate compacts not affected by provisions
- Section 26-7A-112 - Rules of procedure govern appeals-Notice to attorney general
- Section 26-7A-113 - Sealing records in action involving abused or neglected child-Inspection
- Section 26-7A-114 - Sealing records in action involving child in need of supervision-Inspection
- Section 26-7A-115 - Sealing records in action involving delinquent child-Inspection
- Section 26-7A-115.1 - Victim of human trafficking or sexual exploitation-Expungement of delinquency record
- Section 26-7A-116 - Distribution of copies of order sealing records-Inspection of sealed records
- Section 26-7A-117 - Maximum age for which committed
- Section 26-7A-118 - Parent or guardian required to appear at certain hearings
- Section 26-7A-119 - [Repealed]
- Section 26-7A-120 - Confidentiality of records
- Section 26-7A-121 - [Repealed]
- Section 26-7A-122 - Court discharge of child from Department of Corrections-Restoration to parent, guardian, or custodian or change in placement-Resisting discharge
- Section 26-7A-123 - Department of Corrections to file periodic report on child in custody-Contents of report
- Section 26-7A-124 - Judicial review of report-Court may issue show cause order against department
- Section 26-7A-125 - Graduated sanctions and incentives program for responding to probation violations
- Section 26-7A-126 - Law enforcement treatment as juvenile cited violation-Procedure-Report to state's attorney
- Section 26-7A-127 - Action by state's attorney for juvenile cited violation
- Section 26-7A-128 - Admission or denial of alleged juvenile cited violation-Procedure
- Section 26-7A-129 - Judgment on juvenile cited violation
- Appendix - APPENDIX OF FORMS