Title 45 — Juvenile Justice

Written reports and other materials relating to the child’s mental, physical, educational, and social history may be considered by the Court in a hearing as provided in 45.0340, but the Court, if so requested by the child, his parent or guardian, or other interested party, shall …

(a) In a hearing as provided in 45.0340, if the court finds that it should certify the child for criminal proceedings as an adult, it shall enter an order to that effect; except, that, the order shall be null and void if the Attorney General fails to file any information in the C…

In a hearing as provided in 45.0340 if the Court finds that it is in the best interests of the child and of the community not to certify the child for criminal proceedings as an adult, then it proceeds with the adjudicatory hearing under 45.0330 to 45.0335. History: 1980, PL 16-7…

(a) After making an order of adjudication, the Court hears evidence on the question of the proper disposition best serving the interests of the child and the public. The evidence includes, but is not limited to, the social study and other reports under 45.0130. (b) The Court may …

(a) The Court may make an order of protection in assistance of or as a condition of any decree of disposition authorized by this chapter. The order of protection may set forth reasonable conditions or behavior to be observed for a specified period by the parent, guardian, or any …

(a) If a child has been adjudicated as being delinquent, the Court shall enter a decree of disposition containing 1 or more of the following provisions which the Court finds appropriate: (1) The Court may make any disposition, or combination of dispositions when appropriate, unde…

(a) When a child has been adjudicated as being in need of supervision, the Court enters a decree of disposition containing 1 or more of the following provisions which the Court finds appropriate: (1) The Court may place the child on probation or under protective supervision in th…

When a child has been adjudicated to be neglected or dependent, the Court shall enter a decree of disposition. When the decree does not terminate parental rights, it shall include 1 or more of the following provisions which the Court finds appropriate: (a) The Court may place the…

In a disposition as provided in 45.0354: (a) The Court may enter a decree terminating all parental rights of 1 or both parents in the child when it finds that the best interests and welfare of the child so require. (b) Upon the entry of a decree terminating the legal rights of bo…

When a child has been adjudicated neglected because he has been willfully abandoned by his parent or parents, the Court may enter a decree terminating parental rights in the child if it finds that the parent or parents having legal custody have surrendered physical custody for a …

In placing the legal custody or guardianship of the person of a child with an individual or a private agency, the Court, in a disposition as provided in 45.0354, shall give primary consideration to the welfare of the child, but shall take into consideration the religious preferen…

In a disposition as provided in 45.0354: (a) The Court may grant a new hearing as under 45.0362. (b) Unless there is an appeal from a decree terminating the rights of 1 or both parents, the decree terminates permanently the legal parent-child relationship and all the rights and d…

(a) (1) When a child is committed to the Corrections Bureau, the Court, in a disposition as provided in 45.0354, transmits with the commitment order a copy of the petition, the order of adjudication, copies of the social study, any clinical or educational reports, and other infor…

(a) (1) Any individual, agency, or institution vested by the Court with legal custody of a child has the rights and duties defined under subsection (18) of 45.0103. (2) Any individual, agency, or institution vested by the Court with the guardianship of the person of a child has t…

(a) A parent, guardian, custodian, or next friend of any child adjudicated under this chapter, or any person affected by a decree in a proceeding under this chapter, may petition the Court for a new hearing on the grounds specified in Rule 59 (a) of the Federal Rules of Civil Pro…

(a) The terms and conditions of probation are specified by the Court. Each child placed on probation is given a Written statement of the terms and conditions of his probation and has the terms and conditions fully explained to him. (b) (1) The Court reviews the terms and conditio…

Except as otherwise provided in this chapter, the jurisdiction of the Court over any child adjudicated as delinquent, in need of supervision, or neglected or dependent continues until he becomes 21 years of age unless terminated by Court order. History: 1980, PL 16-71 § 1.

Any adult who: (1) induces, aids, or encourages a child to violate any Federal, State, or Territorial law, or ordinance, or any Court order; or (2) who abuses, ill-treats, neglects, or abandons a child, upon conviction, is guilty of a class A misdemeanor. (a) in the case where th…

(a) The Court may, upon petition, terminate all rights of a parent or parents in a child in: (1) proceedings under paragraph (a)(3) of 45.0115 by which the Court has determined the child to be neglected by one or both parents or to be dependent; or (2) proceedings under paragraph…

(a) Any parent desiring to relinquish his child petitions the Court upon forms supplied by the Court, giving the following information: name of both natural parents, if known; name of the child, if named; ages of all parties concerned; race and religion of both natural parents, i…

(a) If the Court terminates parental rights of both parents or of the only living parent, the Court, after taking into account the racial, cultural, and religious background of the child, shall order guardianship of the person and legal custody transferred to: (1) the Department …

(a) Records and papers in relinquishment and in adoption proceedings from and after the filing of a petition are confidential and open to inspection only upon order of the Court for good cause shown. Separate dockets are maintained for relinquishment proceedings and for adoption …

Any child under 18 years of age present in the territory at the time the petition for adoption is filed and legally available for adoption under 45.0412 may be adopted. Upon approval of the Court, a person 18 years of age or older but under 21 years of age may be adopted as a chi…

(a) Any person 21 years of age or older may petition the Court to decree an adoption. (b) A minor, upon approval of the court, may petition the Court to decree an adoption. History: 1980, PL, 16-71 § 1.

(a) A child may be available for adoption only upon: (1) order of the Court terminating all parental rights in the child in a proceeding brought under paragraph (a)(3) of 45.0115; (2) order of the Court decreeing the voluntary relinquishment of all parental rights in the child un…

No placement of any child legally available for adoption under paragraph (a)(l), (a)(2), (a)(3) or subsection (d) of 45.0412 may be made for the purposes of adoption except by the Court, the Department of Health, a child placement agency or institution, or an individual in whom g…

(a) Unless the placement is made by the Court or in accordance with the law of another State or Territory, written consent of the Department of Health, agency, or individual to the proposed adoption, as required by 45.04 12, shall be filed with the petition to adopt. (b) In place…

(a) The petition for adoption is filed not later than 30 days after the date on which the child is first placed in the home of the adoptive applicants for the purpose of adoption unless the Court finds that there was reasonable cause or excusable neglect for not filing the petiti…

Except for stepparent adoptions and those cases in which placement for adoption has been made by the Court, or by an individual in whom guardianship of the person of the child has been placed by the Court, or in accordance with the law of another State or Territory, if a petition…

(a) A hearing on the petition for adoption is held on the date set or the date to which the matter has been regularly continued. (b) No later than 6 months following the date of the hearing, unless for good cause shown that time is extended by the Court, the Court may enter a dec…

(a) After the entry of a final decree of adoption, the petitioner and the adopted person sustain toward each other the legal relation of parent and child, including the rights of inheritance from each other, and have all the rights and be subject to all the duties of a child born…

(a) If the Court enters an order of adoption, certified copies are given to the adopting parents, the person or agency consenting to the adoption, the Clerk of the High Court, and the Registrar of Vital Statistics. (b) The Court or the adopting parents or their legal representati…

(a) No person may offer, give, charge, or receive any money or other consideration or thing of value in connection with the consent to adoption or with the petition for adoption except attorney’s fees relative to the adoption proceedings and the charges and fees as may be approve…

Final decree of adoption may not be attacked by reason of any jurisdictional or procedural defect after 2 years following the entry of the final decree. History: 1980, PL, 16-71 § 1.

(a) Notwithstanding any other section of law, in appropriate cases serving the best interests of a child, the Court may appoint a qualified person as the child’s guardian with such powers and custodial duties as set forth under 45.0103 (16) and (18), or either, as the Court may o…

(a) The High Court is authorized to establish a juvenile probation office. (b) The High Court is also authorized to appoint juvenile probation officers and other professionals as may be required. (c) (1) The High Court is authorized to enter into agreement with the Department of …

(a) Juvenile probation officers appointed under the provisions of this chapter make investigations and keep written records as the Court may direct. (b) When any child is placed on probation, the juvenile probation officer gives the child and his parents or guardian a written sta…

(a) The Corrections Bureau, through the Department of Public Safety, establishes and operates facilities necessary for the care, education, training, treatment, and rehabilitation of those children legally committed to its custody under 45.0350. The Department of Public Safety in…

The Bureau and the Office of Youth Development, with the advice of the American Samoa Criminal Justice Planning Board, develops respective plans for providing detention and shelter facilities, and services for children pending Court action. The plans shall: include projected numb…

The Territorial Correctional Facility is designated as the receiving center for delinquent children committed to the Bureau under 45.3050. History: 1980, PL 16-71 § 1.

(a) Detention services for temporary care of a child under chapter 2 are provided by the Bureau, which consults on a regular basis with the court concerning the detention program at that facility. (b) The Department of Education furnishes teachers and any books or equipment neede…

(a) The Bureau may enter into agreements or contracts with any governmental unit or agency or private facility cooperating or willing to cooperate in a program to implement the purposes of this chapter. The contracts or agreements may provide, among other things, for the type of …

(a) The Department of Public Safety is authorized to appoint a Director for each facility established by 45.1001. (b) It is the duty of the Director of each facility established by 45.1001 to: (1) report to the Bureau at times and on matters the Bureau requires; (2) receive, subj…

(a) It is the duty of the Bureau to develop and adopt rules necessary for imparting instruction, preserving health, and enforcing discipline of children committed to the Bureau. (b) The academic courses of study and vocational training and instruction given in the facilities esta…

(a) (1) Each child committed to the custody of the Bureau is examined and evaluated by the Bureau prior to institutional placement or other disposition. (2) A professional psychological and medical examination is completed within 30 days. The Bureau determines by rule provisions …

(a) The Bureau may transfer any child committed under 45.0350 among the facilities established under 45.1001; except that before child is transferred, he is examined and evaluated, and the evaluation is reviewed by the bureau before it approves the transfer. (b) When the Bureau f…

Institutional placement under this chapter shall not exceed 2 years for children committed under 45.0350 except as provided in paragraphs (b)(2) to (b)(4) of 45.0360. History: 1980, PL 16-71 § 1.

Every person who aids or abets any child committed to the custody of the Bureau under 45.0350 in running away from the facility in whose care he has been placed, or who knowingly harbors the child, or who aids in abducting him from persons to whose care and service he has been pr…

The juvenile parole functions and responsibilities shall be assumed by the Board of Parole established under 46.2701. This Board shall consist of 5 members appointed by the Governor, 3 of which must be non elected private citizens not employed by the government. History: 1980, PL…

(a) The Board has the authority to grant, defer, suspend, or revoke all paroles of a child committed to the Corrections Bureau under 45.0350 as are in the best interests of the child and the public, except that each child shall be considered for parole by the Board within 1 year …