Title 26, MINORS

Fifteen days before conditionally releasing a juvenile to an aftercare supervision program or discharging a juvenile from the Department of Corrections, the secretary of corrections shall send notice of intent to conditionally release or discharge the juvenile to the committing c…

No agent or employee of the Department of Corrections may use or employ restraints upon a juvenile committed to the Department of Corrections except: (1) To prevent imminent bodily harm; (2) As a precaution against escape or to prevent an escape; (3) To prevent imminent property …

Terms used in this chapter mean: (1) "Abuse," any act or failure to act by an employee of a juvenile corrections facility or by a contract person or entity providing services to a juvenile corrections facility, which act was performed or was failed to be performed, knowingly, rec…

The Governor may designate a person or entity to serve as the monitor and whose primary responsibility is to protect the rights of persons in the custody or care of juvenile corrections facilities. The person or entity shall be independent of the Department of Corrections and sha…

Any allegation of abuse and neglect of individuals within the juvenile corrections facilities received by the Office of the Governor, the Department of Corrections, or other agencies of the executive branch shall be promptly reported in writing to the monitor. Source: SL 2000, ch…

The monitor created in § 26-11A-25 shall: (1) Investigate incidents of abuse or neglect of such individuals within the juvenile corrections facilities, if the incidents are reported to the monitor or if there is reasonable suspicion to believe that the incidents occurred; (2) Acc…

Prior to the release of the semi-annual report of the monitor as provided for in subdivision 26-11A-27(4), the attorney general shall certify that that report does not disclose the identity of any juvenile or other person in violation of the provisions of § 26-11A-30 or 26-11A-33…

It shall be the responsibility of the monitor to report immediately, in writing, any findings of abuse or neglect in a juvenile corrections facility to the secretary of the Department of Corrections, the Government Operations and Audit Committee created in § 2-6-2 , and the Gover…

The parent or parents, guardian, conservator, custodian, or other responsible party is liable for the medical, dental, optical, psychological, and other like services of a juvenile committed to the Department of Corrections. Upon failure to pay, the department may proceed to secu…

For purposes of any audit, report, evaluation, or public testimony that may be permitted or required under §§ 26-11A-24 to 26-11A-33 , inclusive, no disclosure of the identity of, or any other personally identifiable information related to, any juvenile or any individual requesti…

A person who knowingly hinders the lawful actions of the monitor is guilty of a Class 1 misdemeanor. Source: SL 2000, ch 128 , § 8.

No state agency nor any individual acting for a state agency may take any adverse action against an individual in retaliation because the individual cooperated with or provided information to the monitor. A violation of this section is a Class 1 misdemeanor. Source: SL 2000, ch 1…

The identity of the juvenile and of any person or agency making a report to the monitor shall be kept confidential. Source: SL 2000, ch 128 , § 10.

The secretary of the Department of Corrections shall compile a confidential report of all allegations of abuse and neglect of individuals under the jurisdiction of the Department of Corrections within private contracted facilities. The secretary shall provide the report to the Go…

File material concerning a child under the jurisdiction of the Department of Corrections shall be provided, upon request, to the Department of Social Services for the purposes of developing family service agreements and dispositional recommendations and to the court for use at th…

The court may not commit a juvenile to a specific department facility or program. No juvenile has any implied right or expectation to be housed in a specific facility, participate in a specific program, or receive specific services. Source: SL 1996, ch 172 , § 54.

No adjudicated juvenile may remain within the jurisdiction of the Department of Corrections beyond the age of twenty - one years. Source: SL 1996, ch 172 , § 55.

A child under the age of eighteen years who has been sentenced as an adult felon to a term of imprisonment in a state correctional facility may be placed in a Department of Corrections juvenile facility by the secretary of corrections. This section does not affect the child's sta…

Any adjudicated juvenile committed to the Department of Corrections is at all times within the jurisdiction of the department and considered in the custody of the department until discharged. Source: SL 1996, ch 172 , § 57.

If a juvenile is committed to the Department of Corrections, the department shall determine the extent of security and treatment services that are in the best interest of the juvenile and in the best interest of the state. When the department makes its determination, it shall pla…

For any child in the custody of the Department of Corrections and placed in a residential facility, state-run or private, the department shall participate in a monthly treatment team meeting with the residential facility. The department shall: (1) Review progress on the treatment…

After the juvenile's initial placement pursuant to § 26-11A-8 , the secretary of corrections may transfer a juvenile to a different Department of Corrections facility or program, the Human Services Center, detention, shelter, or a group home, group care center, residential treatm…

There continues in force a compact between this state and any other state or states legally joining therein in the form substantially as follows: INTERSTATE COMPACT ON JUVENILES ARTICLE I, PURPOSE The compacting states to this Interstate Compact recognize that each state is respo…

The interstate compact on the placement of children is hereby continued in force with all other jurisdictions legally joining therein in the form substantially as follows: ARTICLE I. PURPOSE AND POLICY It is the purpose and policy of the party states to cooperate with each other …

The term, "appropriate public authorities," as used in Article III of the interstate compact on the placement of children shall, with reference to this state, mean the Department of Social Services and said department shall receive and act with reference to notices required by sa…

As used in paragraph (a) of Article V of the interstate compact on the placement of children, the term, "appropriate authority in the receiving state," with reference to this state shall mean the Department of Social Services. Source: SL 1974, ch 180 , § 4.

As used in Article VII of the interstate compact on the placement of children, the term, "executive," shall mean the Governor. The Governor is hereby authorized to appoint a compact administrator in accordance with the terms of said Article VII, and the administration of the comp…

Financial responsibility for any child placed pursuant to the provisions of the interstate compact on the placement of children shall be determined in accordance with the provisions of Article V thereof in the first instance. However, in the event of partial or complete default o…

The officers and agencies of this state and its subdivisions having authority to place children are hereby empowered to enter into agreements with appropriate officers or agencies of or in other party states pursuant to paragraph (b) of Article V of the interstate compact on the …

Any court having jurisdiction to place delinquent children may place such a child in an institution or in another state pursuant to Article V of the interstate compact on the placement of children and shall retain jurisdiction as provided in Article V thereof. Source: SL 1974, ch…

Any requirements for visitation, inspection, or supervision of children, homes, institutions, or other agencies in another party state which may apply under the provisions of this chapter shall be deemed to be met if performed pursuant to an agreement entered into by appropriate …

The children's trust fund is created as a separate fund in the state treasury. The fund shall be expended only as provided in this chapter. Source: SL 1984, ch 194 , § 1.

The state treasurer may receive, by gift or devise, contributions, grants, or gifts in cash or otherwise from persons, associations, or corporations to be deposited in the children's trust fund. Source: SL 1984, ch 194 , § 3.

The children's trust fund may be used with any other money otherwise annually appropriated or contributed to nonprofit organizations to establish or continue community - based education programs to prevent the occurrence and recurrence of child abuse and neglect. The department m…

The children's trust fund shall be designated as a participating fund pursuant to § 4-5-30 . Source: SL 1984, ch 194 , § 6.

Each public school district shall, in coordination with local law enforcement agencies, develop a fingerprinting program for students of elementary and secondary schools. The principal or chief administrator of a nonpublic or parochial school may develop a fingerprinting program …

Fingerprinting programs shall be developed for the sole purpose of providing a means by which a missing child may be located or identified and shall be operated as follows: (1) No student or minor may be required to participate in the program; (2) In order for a student or minor …

The fingerprinting program developed pursuant to this chapter shall be offered on a periodic basis. Parents, guardians, legal custodians, and residents of school districts shall be notified of the program by means of memoranda or letters sent to these persons, by newspaper articl…

This chapter does not apply to any fingerprinting programs for minors that are provided by private organizations or governmental entities other than school districts. Source: SL 1985, ch 217 , § 4.

The following persons and agencies operating within a county may, by written agreement, form a county interdisciplinary child information team: (1) The state's attorney; (2) The county sheriff; (3) The chief of police of any municipality; (4) The superintendent or the chief execu…

The persons and agencies signing a written agreement to form a county interdisciplinary child information team may, from time to time, by majority vote, allow the following persons to sign the written agreement and join the team: (1) Any physician, psychologist, psychiatrist, nur…

The county interdisciplinary child information team may form one or more auxiliary teams for the purpose of providing service to a single child, a group of children, or specific children with a particular type of problem, or for any other purpose. Each auxiliary team is subject t…

The county interdisciplinary child information team and the written agreement shall facilitate the exchange and sharing of information that one or more team members may be able to use in serving a child in the course of their professions, specialities, interests, or occupations f…

The terms of the written agreement shall provide for the rules under which the team will operate, the method by which information will be shared, distributed, and managed, the means by which the confidentiality of the information will be safeguarded, and any other matters necessa…

To the extent that the county interdisciplinary child information team is involved in a proceeding that is held prior to adjudication by a court, the team satisfies the requirements of 20 U.S.C. 1232g(b)(1)(E)(ii)(I) of the Family Educational Rights and Privacy Act of 1974. South…

Any person serving as a member of a county interdisciplinary child information team as provided in § 26-16-1 whose action in facilitating the exchange and sharing of information in serving any child in the course of their professions, specialities, interests, or occupations for t…