(a) (1) After an adjudication of delinquency and upon commitment to the Division of Youth Services of the Department of Human Services, the court may order compliance with a division aftercare plan upon a juvenile's release from the division, if recommended as part of the treatment plan submitted to the court.
(2) The division or its designee shall provide the terms and conditions of the aftercare plan in writing to the juvenile before the juvenile's release from the division.
(3) The division or its designee shall provide the aftercare terms and conditions to the juvenile's attorney and the juvenile's legal parent, guardian, or custodian by the division or its designee, the prosecutor, and the committing court before the juvenile's release from the division.
(4) The division or its designee shall explain the terms of the aftercare plan to the juvenile and his or her legal parent, guardian, or custodian before the juvenile's release from the division.
(b) (1) Any violation of an aftercare term may be reported to the prosecuting attorney, who may initiate a petition in the committing court for violation of the aftercare plan.
(2) The department may also initiate a petition for a violation with the committing court.
(c) The petition shall contain specific factual allegations constituting each violation of the aftercare plan and shall be served upon the juvenile, his or her attorney, his or her parent, guardian, or custodian, and the prosecuting attorney if filed by the department.
(d) A hearing shall be set within a reasonable time after the filing of the petition or within fourteen (14) days if the juvenile has been detained as a result of the filing of the petition for the aftercare violation.
(e) If the court finds by a preponderance of the evidence that the juvenile violated the terms of the aftercare plan, the court may:
(1) Extend the terms of the aftercare plan, if requested by the division;
(2) Impose additional conditions to the aftercare plan, if requested by the division; or
(3) Make any disposition that could have been made at the time commitment was ordered under ยง 9-27-330.
Section: Previous 9-27-354 9-27-355 9-27-356 9-27-357 9-27-359 9-27-360 9-27-361 9-27-362 9-27-363 9-27-364 9-27-365 9-27-366 9-27-367 9-27-368 NextLast modified: November 15, 2016