Title 45, Juvenile Justice

This act shall be known and may be cited as the “Juvenile Justice Act of 1980”. History: 1980, PL 16-71 § 1.

(a) The Legislature declares that the purposes of this title are to: (1) secure for each child subject to these provisions such care and guidance, preferably with his own family, as will best serve his welfare and the interests of Samoan society; (2) preserve and strengthen aiga …

As used in this title, unless the context otherwise requires, the following definitions apply: (1) “Adjudicatory hearing” means a hearing to determine whether the allegations of a petition under paragraph (a)(l) or (a)(2) of 45.0115 are supported by evidence beyond a reasonable d…

Notwithstanding any other provision of this title, no child who in good faith is under treatment solely by spiritual means through prayer in accordance with the tenets and practices of a recognized church or religious denominations by a duly accredited practitioner shall, for tha…

(a) The Trial Division of the High Court of American Samoa has exclusive original jurisdiction in proceedings: (1) concerning any delinquent child, as defined in subsections (2) and (9) of 45.0103; (2) concerning any child in need of supervision, as defined in subsection (5) of 4…

(a) At his first appearance before the Court, the child and his parents, guardian, or other legal custodian shall be fully advised by the Court of their constitutional and legal rights, including the right to a jury trial as provided in 45.0123 and the right to be represented by …

If the child and his parents, guardian, or other legal custodian were not represented by counsel at his first appearance, the court shall inform them at the conclusion of the proceedings that they have the right to file a motion for a new trial and that if the motion is denied, t…

Upon the request of the Court, the Attorney General represents the Territory in the interest of the child in any proceedings brought under paragraph (a)(3) of 45.0115, and in other proceedings brought under this title, when the child is the victim. History: 1980, PL 16-71 § 1.

A child, his parent, his guardian, or any interested party may demand a trial by jury, or the Court on its own motion may order the jury to try any case in adjudicatory hearings under paragraph (a)(l) of 45.0115, when a child is alleged to have committed an act which would be a f…

(a) The Court shall adopt rules of procedure to apply in all proceedings under 45.0115. (b) Hearings shall be held before the Court without a jury, except as provided in 45.0123, and may be conducted in an informal manner, except in proceedings brought under subsection (b) of 45.…

(a) Unless waived by the Court, a juvenile officer or other agency designated by the court shall make a social study and report in writing in all children’s cases, except: (I) if the allegations of a petition filed under paragraph (a)(l) of 45.0115 are denied, the study may not b…

(a) No adjudication or disposition in proceedings under 45.0115 imposes any civil disability upon a child or disqualifies him from any personnel system or military service application or appointment or from holding public office. (b) No adjudication, disposition, or evidence give…

(a) The Court may appoint 1 or more referees to hear any case or matter under the Court’s jurisdiction, except where a jury trial has been requested. Referees serve at the pleasure of the Court, unless otherwise provided by law. (b) A person need not be licensed to practice law i…

(a) Records of Court proceedings shall be open to inspection by the parents or guardian, attorneys, and other parties in proceedings before the Court, and to any agency to which legal custody of the child has been transferred, except as provided in 45.0404. (b) With consent of th…

(a) Any person who has been adjudicated under paragraph (a)(l) or (a)(2) of 45.0115, who was handled under paragraph (3) of 45.0302, or who was the subject of a petition dismissed under subsection (b) of 45.0332 may petition the Court for the expungement of his record and shall b…

In any proceeding under paragraph (a)(l) or (a)(2) of 45.0115 in which the Court orders the petition dismissed as provided in 45.0334, the Court may order the records expunged as in subsections (c) to (f) of 45.0142. The order of expungement may be entered without delay upon peti…

(a) An adjudication in juvenile delinquency proceedings under 45.0115, and all orders in connection with those proceedings, are subject to appeal as in civil actions: except, that no filing fees are required. (b) The people of the Territory of American Samoa have the same right t…