Title 45 — Juvenile Justice

(a) A parole officer position is established within the Attorney General’s office. All juveniles paroled under 45.1102 are under the supervision of the parole officer. (b) When any child is placed on parole, the parole officer gives the child a written statement of the terms and …

(a) Proceedings to establish the paternity of a child and to compel support under this chapter may be commenced by the mother, whether a minor or not, by the child’s guardian of the person, or, if the mother or the child is a public charge, by the Department of Health. (b) No pro…

Proceedings under this chapter are started by the filing of a verified petition alleging that the person named as respondent is the father of the child and requesting the Court to enter a declaration of paternity, an order of support, or any other relief that may be appropriate. …

(a) Upon filing of the petition, the Court issues a summons stating the substance of the petition and requiring the alleged father to appear at the time and place set for hearing on the petition. (b) Service of the summons is by personal service as provided in Rules 4 and 5 of th…

(a) At the hearing, the mother and alleged father are competent to testify. If the mother is married, both she and her husband may testify as to nonaccess. (b) The Court may exclude the general public from the hearing room and may admit only persons directly interested in the cas…

(a) If the Court finds the respondent is not the father of the child, it dismisses the petition. (b) If the Court finds the respondent is the father of the child, it makes an order declaring paternity. (c) (1) In a proceeding in which the Court has made an order declaring paterni…

(a) A person failing to comply with an order of the Court in connection with paternity proceedings brought under this chapter may be found in contempt of Court and dealt with accordingly. (b) The Court has authority to issue writs of execution for the collection of accrued and un…

(a) An agreement or compromise made by the mother or by some authorized person on behalf of either the mother or child concerning the support of either is binding upon the mother and child only when the court approves the agreement or compromise after determining that adequate pr…

(a) Proceedings to compel a parent of an illegitimate child or children to support his or her offspring may be commenced by the other parent, legal guardian or custodian of the child or by his or her immediate family. (b) A petition under this chapter may be filed at any time pri…

(a) Upon filing of the petition, the court issues a summons stating the substance of the petition and requiring the respondent to appear at the time and place set for hearing on the petition. (b) Service of the summons is by personal service as provided in Rules 4 and 5 of the Fe…

(a) If, at the hearing, the Court finds that the respondent has an obligation to support the child or children mentioned in the petition, the Court may enter an order directing the respondent to pay sums for support that may be reasonable under the circumstances. (b) If, at or be…

(a) A person failing to comply with an order of the Court entered under this chapter may be found in contempt of Court and dealt with accordingly. (b) The Court has authority to issue writs of execution for the collection of accrued and unpaid installments of support orders. Hist…

As used in this chapter unless the context otherwise requires: (a)( 1) “Abuse” or “child abuse or neglect” means an act or omission in one of the following categories which seriously threatens the health or welfare of a child: (A) when a child exhibits evidence of serious bruisin…

(a) Any person specified in subsection (b) who has reasonable cause to know or suspect that a child has been subjected to abuse or neglect or who has observed the child being subjected to circumstances or conditions which would reasonably result in abuse or neglect shall immediat…

Any person who is required by 45.2002 to report known or suspected child abuse or neglect and anyone who has reasonable cause to suspect that a child died as a result of child abuse or neglect shall report that fact immediately to the department. The department accepts the report…

(a) Any person who is required, or authorized, by 45.2002 to report known or sus-pected child abuse or neglect who has before him a child he reasonably believes has been abused or neglected may take or cause to be taken color photographs of the areas of trauma visible on the chil…

A law enforcement officer or any officer of the agency may take a child into custody without the consent of the parent or guardian, whether or not additional medical treatment is required if the circumstances or conditions of the child are such that continuing in his place of res…

(a) Reports of known or suspected child abuse or neglect made under this chapter are immediately made to the department by a written report prepared by those persons required to report, if so requested by the receiving agency. The receiving agency forwards a copy of its own repor…

(a) The agency makes a thorough investigation promptly upon receiving either the oral or the written report. The primary purpose of the investigation is the protection of the child. (b) The investigation shall include the nature, extent and cause of the child abuse, sexual abuse,…

Any person participating in good faith in the preparation of a report or in a judicial proceeding held under this chapter and any person responsible for the taking of photographs or X-rays, or the placing temporary protective custody of a child under this chapter, is immune from …

(a) The Attorney General, upon recommendation of the agency, may refer a person accused or suspected of child abuse or neglect to a nonjudicial source of treatment or assistance upon conditions set forth by the agency and the Attorney General. If a person is so diverted from the …

The privileged communication between patient and physician and between husband and wife is not a ground for excluding evidence in any judicial proceeding resulting from a report under this chapter. History: 1980, PL 16-71 § 1.

(a) The Department of Law Enforcement Agency receiving a report under 45.2002 or 45.2003, in addition to taking immediate steps under paragraph (a)(2) of 45.0201 and 45.2005 as may be required to protect a child, shall inform the Court within 72 hours that the child appears to be…

There is established within the agency a central registry for child abuse, sexual abuse, or neglect under this chapter. History: 1980, PL 16-71 § 1; amd 1988, PL 20-71.

There is a single telephone number that all persons, whether mandated by law or not, may use to report cases of suspected child abuse, sexual abuse, or neglect and that all persons so authorized by this chapter may use for determining the existence of prior records in order to ev…

The central registry contains, but is not limited to: (1) all information in the written report; (2) record of the final disposition of the report including services offered and services accepted; (3) the plan for rehabilitative treatment; (4) the names and identifying dates, and…

Reports made under this chapter as well as any other information obtained, and reports written or photographs taken concerning those reports in the possession of the department and agency are confidential and are made available only to: (1) Attorney General at all times; (2) a ph…

After a child, who is the subject of a report, reaches 18 years of age, access to a child’s record under this section is permitted only if a sibling or offspring of the child is before that person and is a suspected victim of child abuse, sexual abuse, or neglect. History: 1980, …

Unless an investigation of a report conducted under this chapter determines there is some credible evidence of alleged abuse, sexual abuse, or neglect, all information identifying the subject of the report is immediately expunged from the central registry. History: 1980, PL 16-71…

In all other cases, the record of the report to the central registry is sealed at no later than 10 years after the subject child’s 18th birthday. Once sealed, the record shall not otherwise be available, unless the head of the central registry upon notice to the subjects of the r…

At any time, the subject of a report may receive, upon request, a report of all information contained in the central registry; provided, however, that the head of the registry may prohibit the release of data that would identify the person who made the report or who cooperated in…

At any time, subsequent to the completion of the investigation, but in no event later than 10 years after the receipt of the report, a subject of the report may request the head of the registry to amend, seal, or expunge the record of the report. If he refuses or does not act wit…

Written notice of any amendment or expungement made under this chapter, is served on each subject of the report. History: 1980, PL 16-71 § 1.

Any person who willfully permits and any other person who encourages the release of data or information contained in the central registry to persons not permitted the information by this chapter, is upon conviction, guilty of a class B misdemeanor. History: 1980, PL 16-71 § 1.

(a) In the event a child is taken from parents due to child abuse, the parents may appeal, within 10 days, by written notice of appeal, to the Child Abuse Commission. The Commission shall be appointed by the Governor: 1 member of the medical staff from the LBJ Tropical Medical Ce…

The Child Abuse Commission cooperates with the Child Protection Agency in developing an active program of education and training in the villages, with the cooperation of religious organizations, private organizations, public health nurses, medical personnel, and in direct coopera…