CHAPTER 26-7A

JUVENILE COURT

26-7A-1    Definition of terms.

26-7A-2    Original jurisdiction of dependency and delinquency proceedings--Effect of custody award in prior divorce proceedings--Application of Indian Child Welfare Act.

26-7A-3    Venue of dependency and delinquency proceedings--Transfer of proceedings.

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.

26-7A-5    Proceedings in best interest of child.

26-7A-6    Liberal construction for protection of child.

26-7A-7    Interference with court orders as contempt--Punishment.

26-7A-8    Court services officers--Appointment--Duties.

26-7A-9    State's attorneys to represent state and Department of Social Services--Exemption.

26-7A-10    Preliminary investigation by state's attorney--Authorized procedure on basis of investigation.

26-7A-11    Requirements for referral for informal adjustment or action.

26-7A-11.1    Criteria for referral for informal adjustment or action.

26-7A-12    Temporary custody by law enforcement officer or court services officer without court order.

26-7A-12.1    Child in possession of firearms on school property may be taken into temporary custody.

26-7A-13    Court-ordered temporary custody--Noticed hearing--Without noticed hearing.

26-7A-13.1    Hearing by intake officer.

26-7A-13.2    Delivery of juvenile to temporary custodian.

26-7A-14    Temporary care of child by caretaker designated by court--Limitation of temporary custody--Release.

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.

26-7A-15.1    Proceedings under certain chapters to which the Indian Child Welfare Act applies--Procedures.

26-7A-15.2    Form of notice to parent, custodian, or Indian tribe of child custody proceeding.

26-7A-15.3    Designated tribal agent defined.

26-7A-16    Child held until released by court.

26-7A-17    Notice to state's attorney of child taken into temporary custody--Written report--Notice to court.

26-7A-18    Temporary custody hearing--Best interests of child--Conducted telephonically.

26-7A-19    Options of court following temporary custody hearing for abused or neglected child.

26-7A-19.1    Preference for placement of abused or neglected child with relatives after hearing.

26-7A-19.2    Action by division when relative desires to take temporary or permanent placement of abused or neglected child.

26-7A-20    Release of child in need of supervision after temporary custody hearing--Exceptions.

26-7A-21    Release of delinquent child after temporary custody hearing--Exceptions.

26-7A-22    Temporary custody not an arrest.

26-7A-23    Temporary care, shelter, or detention facilities maintained by board of county commissioners.

26-7A-24    Intercounty contracts for use of facilities.

26-7A-25    County to care for children pending adjudication.

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.

26-7A-27    Police records of children taken into temporary custody--Confidentiality.

26-7A-28    Release of information on identity of child prohibited except by court order or when child adjudicated delinquent offender.

26-7A-29    Release of information to persons, agencies, or facilities with legitimate interest in child.

26-7A-30    Rights of child and parents, guardian, or custodian--Representation by attorney--Motion for new hearing--Appeal.

26-7A-31    Court appointed attorney--Compensation.

26-7A-32    Lien against property of parents for payment of court-appointed attorney--Exceptions--Limitation.

26-7A-32.1    Definition of terms regarding competency of juvenile.

26-7A-32.2    Incompetent juvenile not subject to chapters 26-8B or 26-8C.

26-7A-32.3    Raising issue of competency.

26-7A-32.4    Competency examination.

26-7A-32.5    Suspension of proceeding pending competency determination.

26-7A-32.6    Examiner's report.

26-7A-32.7    Competency determination hearing.

26-7A-32.8    Burden of proving competence.

26-7A-32.9    Statements by juvenile during competency evaluation not admissible.

26-7A-32.10    Competency may be revisited upon transfer to adult court.

26-7A-32.11    Procedure upon finding that juvenile not competent to proceed but probably will be competent in foreseeable future.

26-7A-32.12    Procedure upon finding that juvenile not competent to proceed and probably will not be competent in foreseeable future.

26-7A-33    Priority in scheduling hearings and trials.

26-7A-34    Conduct of hearings.

26-7A-35    Record of hearings.

26-7A-36    Hearings closed unless court compelled otherwise--Exceptions.

26-7A-36.1    Attendance at juvenile hearings by crime victims.

26-7A-37    Persons authorized to inspect or receive copies of records of court proceedings.

26-7A-38    Protection of identity of witnesses--Violation creates cause of action for civil damages--Contempt.

26-7A-39    Compulsory process for attendance of defense witnesses.

26-7A-40    Witness fees and expenses.

26-7A-41    Physical and mental health examination--Placement in suitable facility--Report.

26-7A-42    Court-ordered protection, support or dental, medical or surgical treatment--Parental consent--Costs.

26-7A-43    Petition alleging abused or neglected child, child in need of supervision or delinquent child--Required information--Verification.

26-7A-44    Summons--Unknown parties--Contents.

26-7A-45    Failure to appear before the court--Contempt.

26-7A-46    Hearing on petition upon waiver of notice.

26-7A-47    Service of summons.

26-7A-48    Publication of summons--Affidavit or certificate of publication.

26-7A-49    Warrant issued against parents, guardian, or custodian.

26-7A-50    Apprehension of child on warrant--Promise of parent, guardian, or custodian to produce child at hearing.

26-7A-51    Failure to produce child at hearing as contempt.

26-7A-52    Bond to secure court appearance of child in need of supervision or delinquent child.

26-7A-53    Appearance and answer by interested parties--Failure as default--Petition taken as admitted by default.

26-7A-54    Advisory hearing before adjudicatory hearing.

26-7A-55    Petition admitted to by all parties--Dispositional hearing--Petition not admitted to--Adjudicatory hearing--Interim order for temporary custody.

26-7A-56    Rules of procedure and evidence apply to adjudicatory hearings--Rules for other hearings prescribed by court.

26-7A-57    Discovery--"Respondent" defined--"Child" defined.

26-7A-58    Inspection by respondent or child of statements made by any respondent or child.

26-7A-59    Request for copy of prior order of adjudication or final decree of disposition.

26-7A-60    Right to inspect, copy, or photograph books, papers, documents, photographs, tangible objects, buildings, or places.

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.

26-7A-62    Inspection of internal documents of state prohibited--Exceptions--Inspection of statements of state's witnesses prohibited--Exceptions.

26-7A-63    Statement of state's witness or prospective witness not subject to discovery until witness has testified.

26-7A-64    Examination upon request of statement by state's witness relating to subject matter of witness' testimony.

26-7A-65    Excise of nonsubject matter related material from witness' statement to be produced--Appeal.

26-7A-66    Witness' testimony struck from record upon state's attorney's election not to deliver statement to respondent or child.

26-7A-67    "Statement" defined.

26-7A-68    State's attorney may inspect, copy, or photograph documents or objects in possession of respondent or child.

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.

26-7A-70    State's attorney prohibited from inspection of internal documents made by respondent or child or attorneys in connection with case.

26-7A-71    Notice of additional evidence.

26-7A-72    Court order upon discovery motion.

26-7A-73    Failure of party to comply with discovery provisions.

26-7A-74    Depositions--"Respondent" defined--"Child" defined.

26-7A-75    Depositions only as provided by statute or rule--Motion by party due to exceptional circumstances.

26-7A-76    Notice of deposition--Right of child or respondent to be present--Waiver.

26-7A-77    Manner of taking and filing deposition--Examination and cross examination.

26-7A-78    Deposition enclosed, sealed, and endorsed--Transmitted to county clerk.

26-7A-79    Use of depositions.

26-7A-80    Objections to deposition testimony or evidence--Basis.

26-7A-81    Deposition by agreement of parties not precluded.

26-7A-82    Adjudicatory hearing following advisory hearing--Support of evidence.

26-7A-83    Evidence considered at adjudicatory hearing--Appearance of party preparing reports and materials used as evidence.

26-7A-84    Order to amend petition.

26-7A-85    Child with mental illness or intellectual disability--Suspension of hearing--Examination.

26-7A-86    Final order when allegations not supported by evidence--Additional findings and conclusions for abused or neglected child--Appeal.

26-7A-87    Adjudication subject to intermediate appeal--Dispositional proceedings--Interim dispositional decree.

26-7A-88    Examination, investigation, and reports of adjudicated child before final disposition.

26-7A-89    Continuance of case--Custody of child pending disposition--Term of continuance.

26-7A-90    Evidence heard at dispositional hearing--Interim decree--Final decree.

26-7A-91    Notice of entry of order of adjudication or final decree--Service of publication.

26-7A-92    Guardian of placed child.

26-7A-93    Placement subject to availability of space.

26-7A-93.1    26-7A-93.1. Repealed by SL 1996, ch 172, § 7

26-7A-94    Provisions for payment of custodial care costs.

26-7A-95    Parents' duty to support child--Costs of custodial care payable on demand.

26-7A-96    Acceptance and expenditure of additional funds for custodial care costs.

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.

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.

26-7A-99    Order of wage assignment for support of child--Discovery of employment--Disobedience as contempt.

26-7A-100    Conservatorship of estate of child.

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.

26-7A-102    Jurisdiction of court.

26-7A-103    Court order for report by guardian or institution.

26-7A-104    Review dispositional hearing to remove guardian or institution or restore child to parents.

26-7A-105    Child not disqualified from public office, civil service, or military service--Not a criminal conviction.

26-7A-106    Proceedings not admissible in criminal or civil action against child.

26-7A-107    Order of protection--Authorized provisions--Termination, modification or extension of order.

26-7A-107.1    Provisions for violation of order of protection.

26-7A-107.2    Violation of order of protection as a misdemeanor.

26-7A-108    Modifying or setting aside order or decree--Hearing required on probation violation or change in legal custody.

26-7A-108.1    Suspension of probationary period under certain conditions.

26-7A-109    Petition for modification or termination of custody decree on change of circumstances.

26-7A-110    Petition for new hearing on ground of new evidence.

26-7A-111    Interstate compacts not affected by provisions.

26-7A-112    Rules of procedure govern appeals--Notice to attorney general.

26-7A-113    Sealing records in action involving abused or neglected child--Inspection.

26-7A-114    Sealing records in action involving child in need of supervision--Inspection.

26-7A-115    Sealing records in action involving delinquent child--Inspection.

26-7A-115.1    Victim of human trafficking or sexual exploitation--Expungement of delinquency record.

26-7A-116    Distribution of copies of order sealing records--Inspection of sealed records.

26-7A-117    Maximum age for which committed.

26-7A-118    Parent or guardian required to appear at certain hearings.

26-7A-119    26-7A-119. Repealed by SL 1996, ch 172, § 15

26-7A-120    Confidentiality of records.

26-7A-121    26-7A-121. Repealed by SL 1996, ch 172, § 16

26-7A-122    Court discharge of child from Department of Corrections--Restoration to parent, guardian, or custodian or change in placement--Resisting discharge.

26-7A-123    Department of Corrections to file periodic report on child in custody--Contents of report.

26-7A-124    Judicial review of report--Court may issue show cause order against department.

26-7A-125    Graduated sanctions and incentives program for responding to probation violations.

26-7A-126    Law enforcement treatment as juvenile cited violation--Procedure--Report to state's attorney.

26-7A-127    Action by state's attorney for juvenile cited violation.

26-7A-128    Admission or denial of alleged juvenile cited violation--Procedure.

26-7A-129    Judgment on juvenile cited violation.

26-7A-A    APPENDIX OF FORMS