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…

(a) A child may be taken into temporary custody by a law enforcement officer without order of the Court: (1) when there are reasonable grounds to believe that he has committed an act which would be a felony or misdemeanor if committed by an adult, except that traffic violations s…

When a child is taken into temporary custody, the officer shall notify a parent, guardian, or legal custodian as soon as possible and within 12 hours, and inform him that, if the child is placed in detention pursuant to paragraph (a)(1) of 45.0201, all parties have a right to a p…

After notification pursuant to 45.0202, the child shall be released to the care of his parents or other responsible adult, unless his immediate welfare or the protection of the community requires that he be detained. The parent or other person to whom the child is released may be…

(a) Except as provided in subsection (b), a child may not be detained by law enforcement officials any longer than is reasonably necessary to obtain his name, age, residence, and other necessary information and to contact his parents, guardian, or legal custodian. (b) If he is no…

The officer or other person who takes a child to a detention or shelter facility pursuant to 45.0201 shall immediately notify the Court and any agency or persons so designated by the Court that the child has been taken into custody and where he has been taken. He shall also promp…

The records of law enforcement officers concerning all children taken into temporary custody or issued a summons under the provisions of this chapter shall be maintained separately from the records of arrest and may not be inspected by or disclosed to the public, including the na…

No fingerprint, photograph, name, address, or other information concerning identity of a child taken into temporary custody or issued a summons under this chapter may be transmitted to any person or agency except a local law enforcement agency when necessary to assist in apprehen…

(a) A child in need of supervision or neglected or dependent who must be taken from his home shall be given temporary care in a shelter facility and shall not be placed in detention. (b) When a child is placed in a detention facility or in a shelter facility, the law enforcement …

(a) A search warrant may be issued by the Court to search any place for the recovery of any child within the jurisdiction of the Court believed to be a delinquent child, a child in need of supervision, or a neglected or dependent child. (b) The warrant shall be issued only on the…

(a) Whenever it appears to a law enforcement officer or any other person that a child is or appears to be within the Court’s jurisdiction, as under paragraph (a)(l) of 45.0115, the law enforcement officer or other person may refer the matter conferring or appearing to confer juri…

Whenever it appears to a law enforcement officer or other person that a child is or appears to be within the Court’s jurisdiction, as provided in paragraph (a)(2) or (a)(3) of 45.0115, the law enforcement officer or other person may refer the matter to the Court, which shall have…

(a) Efforts to effect informal adjustment may extend no longer than 6 months. (b) In any informal adjustment, the Court for its designated agency shall, during the period of informal adjustment, periodically counsel and guide the child and his parents, guardian, or legal custodia…

(a) Upon receipt of a report filed by a law enforcement agency, an employee of a public or private school, or any person required to report under 45.2002, indicating that a child has suffered abuse as defined in subsection (a) of 45.2001 and that the best interest of the child re…

(a) The petition and all subsequent court documents in any proceedings brought under paragraph (a)(l), (a)(2), or (a)(3) of 45.0115 shall be entitled “The People of the Territory of American Samoa in the Interest of. ……………. , a child (or children), and Concerning ……………..Responden…

After a petition has been filed, the court promptly issues a summons reciting briefly the substance of the petition. The summons also contains a statement, when appropriate, that the termination of parental rights is a possible remedy under the proceedings and sets forth the cons…

No summons may issue to any respondent who appears voluntarily, or who waives service, or who has promised in writing to appear at the hearing as provided in 45.0202 through 45.0207 and 45.0210 but that person is provided with a copy of the petition and summons upon appearance or…

The summons requires the person or persons having the physical custody of the child to appear and to bring the child before the court at a time and place stated. If the person or persons so summoned are not the parents or guardian of the child, then summons is also issued to the …

The court on its own motion or on the motion of any party may join as a respondent or require the appearance of any person it considers necessary to the action and authorize the issuance of a summons directed to that person. Any party to the action may request the issuance of com…

If it appears that the welfare of the child or of the public requires that the child be taken into custody, the Court may, by endorsement upon the summons, direct that the person serving the summons take the child into custody at once. History: 1980, PL 16-71 § 1.

The Court may authorize the payment of necessary travel expenses incurred by persons summoned or otherwise required to appear. History: 1980, PL 16-71 § 1.

Summons shall be served personally. under Rules 4 and 5 of the Federal Rules of Civil Procedure. If personal service is used, it shall be sufficient to confer jurisdiction if service is effected not less than 2 days before the time fixed in the summons for the appearance of the p…

If the parents, guardian, or other legal custodian of the child required to be summoned under 45.0313 cannot be found within the territory, the fact of the child’s presence in the territory shall confer jurisdiction on the court as to any absent parent, guardian, or legal custodi…

(a) Any person summoned or required to appear as under 45.0311 through 45.0318 who has acknowledged service and fails to appear without reasonable cause may be proceeded against for contempt of court. (b) If after reasonable effort the summons cannot be served or if the welfare o…

(a) The court may appoint a guardian ad litem to protect the interest of a child in proceedings under paragraph (a)(l), (a)(2) or (c)(l) of 45.0115 when: (1) no parent, guardian, legal custodian, or relative of the child appears at the first or any subsequent hearing in the case;…

At the adjudicatory hearing, which is conducted as provided in 45.0124, the court considers whether the allegations of the petition are supported by evidence beyond a reasonable doubt in cases concerning delinquent children or children in need of supervision or by a preponderance…

(a) When it appears that the evidence presented at the hearing as provided in 45.0330 discloses facts not alleged in the petition, the court may proceed immediately to consider the additional or different matters raised by the evidence if the parties consent. (b) In that event, t…

(a) After making a finding as provided by under subsection (a) of 45.0335, but before making an adjudication, the court may continue the hearing as provided in 45.0330, from time to time, allowing the child to remain in his own home or in the temporary custody of another person o…

When the petition alleges a child 14 years of age or older to be a delinquent child as defined by subsection (9) of 45.0103, by virtue of having committed an act which would constitute a felony if committed by an adult, the court shall: (1) proceed as otherwise provided in 45.033…

When the court finds that the allegations of the petition are not supported by evidence beyond a reasonable doubt in cases concerning delinquent children or children in need of supervision or by a preponderance of the evidence in cases concerning neglected or dependent children, …

(a) When the court finds that the allegations of the petition are supported by evidence beyond a reasonable doubt in cases concerning delinquent children or children in need of supervision or by a preponderance of the evidence in cases concerning neglected or dependent children, …

(a) If it appears from the evidence presented at an adjudicatory hearing or otherwise that the child may be mentally ill or developmentally disabled, the Court orders that the child be examined by a physician, psychiatrist, or psychologist and may place the child in a suitable fa…

Under subsection (c) of 45.0115, at the certification hearing, the Court considers: (1) whether there is probable cause to believe that the child has committed an act for which he may be certified for criminal proceedings as an adult under subsection (c) of 45.0115, and the intro…

(a) The hearing pursuant to 45.0340 is conducted under 45.0124 and the Court makes certain that the child and his parents, guardian, or legal custodian have been fully informed of their right to be represented by counsel under 45.0120 to 45.0123. (b) In considering whether or not…