Title 8 — Child Safety

A proceeding under this chapter may be commenced by one of the following procedures: 1. By transfer of a case from another court as provided in section 8-302. 2. By the filing of a petition by the county attorney. 3. For an offense other than a felony, by the referral of a unifor…

A. If during the pendency of a criminal charge in any court of this state the court determines that the defendant is a juvenile who is not subject to prosecution as an adult pursuant to section 13-501, the court shall transfer the case to the juvenile court, together with all of …

A. Except as provided in section 8-305, a juvenile taken into temporary custody shall not be detained in a police station, jail or lockup where adults charged with or convicted of a crime are detained. B. A child shall be taken into temporary custody: 1. Pursuant to an order of t…

A. The law enforcement officer having jurisdiction in the place in which an act of delinquency or incorrigibility is alleged to have occurred is responsible for the complete investigation surrounding the alleged commission of the act. B. A department investigator is responsible f…

A. The county board of supervisors or the county jail district, if authorized pursuant to title 48, chapter 25, shall maintain a detention center that is separate and apart from a jail or lockup in which adults are confined and where juveniles who are alleged to be delinquent or …

A. The presiding judge of the juvenile court shall supervise the juvenile detention center and may appoint a person of good moral character to operate and manage the detention center. B. The department of juvenile corrections shall inspect the detention centers of each county sem…

A. Notwithstanding any other provision of law to the contrary, any child, ten years of age or older, against whom a complaint has been filed citing the commission of a delinquent act shall appear at the juvenile court at a time certain set by the juvenile court. When the offense …

A. The parent, legal guardian or custodian of a juvenile or child against whom a petition has been filed alleging the commission of a delinquent or incorrigible act shall be served with a notice to appear and shall appear with the juvenile or child at the juvenile court at the ti…

A. It is unlawful for a juvenile to intentionally or knowingly use an electronic communication device to transmit or display a visual depiction of a minor that depicts explicit sexual material. B. It is unlawful for a juvenile to intentionally or knowingly possess a visual depict…

A. Except as provided in subsection B of this section, before a petition is filed or an admission or adjudication hearing is held, the county attorney may divert the prosecution of a juvenile who is accused of committing a delinquent act or a child who is accused of committing an…

A. The juvenile probation services fund is established. The supreme court shall administer the fund. Monies in the juvenile probation services fund are exempt from the provisions of section 35-190 relating to lapsing of appropriations. B. The supreme court shall allocate monies i…

A. The judge of the juvenile court, or in counties having more than one judge of the juvenile court, the presiding judge of the juvenile court, may appoint one or more persons of suitable experience who may be magistrates or justices of the peace to serve as juvenile hearing offi…

A. An appeal from an order entered by the juvenile hearing officer is perfected by filing a notice of appeal. B. Immediately after an order of disposition the juvenile hearing officer shall advise the juvenile that a right to appeal exists, the applicable time limit and the locat…

A. The county attorney shall: 1. Direct the investigation the county attorney deems necessary of acts of alleged delinquent behavior. 2. File petitions alleging delinquent behavior with the juvenile court as the county attorney deems necessary in the public interest. 3. Except pu…

A. The state may request an order of the juvenile court transferring jurisdiction of the criminal prosecution of any felony filed in the juvenile court to the criminal division of the superior court. B. On request of the state that a juvenile be transferred, the court shall hold …

A. A city or town attorney or prosecutor or a law enforcement agency shall not establish or conduct a diversion program or community based alternative program for juvenile offenders unless the program is authorized by the county attorney and notice is provided to the presiding ju…

A. After receiving and considering the evidence on the proper disposition of the case, the court may enter judgment as follows: 1. It may award a delinquent juvenile: (a) To the care of the juvenile's parents, subject to the supervision of a probation department. (b) To a probati…

A. If at a disposition hearing or a subsequent hearing the court orders a delinquent juvenile or incorrigible child to receive residential treatment services, other than psychiatric acute care services as defined in section 8-271, the placement must be supported by a written psyc…

1. A fee that is associated with court services or probation. 2. A fine or monetary sanction that is not specifically required by the offense or citation. B. Notwithstanding any other law, this section does not prevent a juvenile or the juvenile's parent or guardian from paying a…

A. A child who is any of the following shall not be committed or awarded to the department of juvenile corrections: 1. Adjudicated delinquent for an offense that is not a felony unless the child has been previously adjudicated delinquent for an offense that is a felony or is seri…

A. A juvenile who is adjudicated delinquent for a violation of section 28-1381 shall be detained for a period of not less than ten consecutive days in a juvenile detention center as a condition of probation, except that the judge may suspend all ten days of the sentence if the ju…

A. If a juvenile is adjudicated delinquent, the court, after considering the nature of the offense and the age, physical and mental condition and earning capacity of the juvenile, shall order the juvenile to make full or partial restitution to the victim of the offense for which …

A. A person who is entitled to restitution pursuant to section 8-323, subsection F, paragraph 9 or section 8-344 may file a restitution lien. No filing fee or other charge is required for filing a restitution lien. B. A judge, commissioner or juvenile hearing officer shall sign t…

A. The county board of supervisors shall establish a separate fund for the payment of restitution in juvenile delinquency proceedings by juveniles who are ordered to pay restitution and who are financially unable to pay or who are otherwise unable to be employed to earn money to …

A. At the time of the disposition of a juvenile who is adjudicated for an offense that would be a felony offense if committed by an adult, the court shall execute a disposition document or minute order. B. At the time of disposition and in open court, the court or a person who is…

A. Except as provided in subsection I of this section, a person who is at least eighteen years of age, who has been adjudicated delinquent or incorrigible and who has fulfilled the conditions of probation or who is discharged from the department of juvenile corrections pursuant t…

A. A person who is at least eighteen years of age and who has been adjudicated delinquent or incorrigible may apply for destruction of the person's juvenile court and department of juvenile corrections records if the records involve an adjudication for an offense other than an of…

A. If a juvenile is adjudicated delinquent for or convicted of a dangerous offense or a violation of section 13-1405, 13-1406, 13-1410 or 13-1417 and the juvenile is placed on probation and is enrolled in school, the court shall notify the school in which the juvenile is enrolled…

A. If the court or the adult or juvenile probation department places a sex offender in a sex offender treatment program, the treatment provider or, if the treatment is provided by the state department of corrections or the department of juvenile corrections, the state department …

A juvenile who is adjudicated in a delinquency proceeding is precluded from subsequently denying in any civil proceeding brought by the victim or this state against the adjudicated delinquent the essential allegations of the delinquent act of which the juvenile was adjudicated de…

In this article, unless the context otherwise requires, "juvenile intensive probation" means a program that is established pursuant to this article of highly structured and closely supervised juvenile probation and that emphasizes individualized interventions and services for juv…

A. A juvenile probation officer shall prepare a disposition summary report for every juvenile who has been adjudicated of a delinquent act or of a technical violation of probation. B. The juvenile probation officer shall evaluate the needs of the juvenile and the juvenile's risk …

A. The director of juvenile court services in each county, with approval of the presiding juvenile court judge of the superior court, shall appoint juvenile intensive probation teams that may consist of the following: 1. One juvenile probation officer. 2. Two juvenile probation o…

A. The juvenile probation officer shall periodically examine the needs of each juvenile who is granted intensive probation and the risks of modifying the level of supervision of the juvenile. The juvenile probation officer may modify the juvenile's level of intensive probation. T…

The juvenile intensive probation team shall ensure that each juvenile under its supervision is participating in one or more of the following, if approved by the court or probation officer, throughout the term of intensive probation: 1. School. 2. A treatment program. 3. Employmen…

The presiding juvenile judge of the superior court in the county shall annually submit a proposed budget for the following fiscal year for the juvenile intensive probation program to the supreme court. The supreme court shall review each request and include the counties' requests…

A. The supreme court shall establish juvenile intensive probation guidelines. In establishing these guidelines, the supreme court shall ensure that both: 1. Juveniles who are granted intensive probation meet the requirements of section 8-352. 2. Based on the nature of the offense…

The governor is authorized and directed to enter into a compact on behalf of this state with any of the United States lawfully joined in the compact in a form substantially as follows: ARTICLE I PURPOSE A. This state and the other compacting states to this interstate compact reco…

The department of juvenile corrections shall pay the assessment that is levied each year by the interstate commission for juveniles pursuant to section 8-361.

Pursuant to the compact, the governor shall: 1. Designate the director of the department of juvenile corrections as the state's interstate compact commissioner and compact administrator. The director of the department of juvenile corrections, acting as the state's interstate comp…

The compact administrator, subject to the approval of the director of the department of administration, may make or arrange for any payments necessary to discharge any financial obligations imposed on this state by the compact or by any supplementary agreement entered into under …

The courts, departments, agencies and officers of this state and its subdivisions shall enforce this compact and shall do all things appropriate to the effectuation of its purposes and intent that may be within their respective jurisdictions.

A. Juveniles who are subject to the supervision of a probation officer pursuant to an order of the juvenile court, or who are otherwise eligible for absolute discharge or conditional liberty from the department of juvenile corrections in accordance with section 41-2816, shall, as…

This article applies to acts that are committed by a juvenile and that if committed by an adult would be either: 1. A misdemeanor offense. 2. A felony offense. 3. A petty offense. 4. A violation of a local criminal ordinance.

In this article, unless the context otherwise requires: 1. "Accused" means a juvenile who is referred to juvenile court for committing a delinquent act. 2. "Appellate proceeding" means any contested matter before the state court of appeals, the state supreme court, a federal cour…

A. Except as provided in sections 8-386 and 8-412 and section 8-389, subsection B, the rights and duties that are established by this article arise on the arrest or formal charging of a juvenile who is alleged to be responsible for a delinquent act against a victim. The rights an…

A. If a criminal offense against a victim has been charged but the prosecution on the count or counts involving the victim has been or is being dismissed as the result of a plea agreement in which the defendant is pleading to or pled to other charges, the victim of the offenses i…

A. If a victim is physically or emotionally unable to exercise any right but is able to designate a lawful representative who is not a bona fide witness, the designated person may exercise the same rights that the victim is entitled to exercise. The victim may revoke this designa…

Any corporation, partnership, association or other legal entity that, except for its status as an artificial entity, would be included in the definition of victim in section 8-382 shall be afforded the following rights: 1. Within a reasonable time after arrest, the prosecutor sha…

A. A neighborhood association may register with the city, town or county in which the neighborhood association is located to invoke the rights that are afforded pursuant to this article. The city, town or county shall establish procedures for the registration of neighborhood asso…