Title 45

 

JUVENILE JUSTICE

Chapters:

01                General Provisions                 

02                Temporary Custody, Detention and Shelter

03               Petition-Adjudication-Disposition

04               Relinquishment and Adoption

05               Juvenile Probation Services

06—09       (Reserved)

10                Institutional Facilities and Transfers

11               Juvenile Parole

12—14       (Reserved)

15               Paternity Proceedings

16               Support Proceedings

17—19       (Reserved)

20               Child Protection

Chapter 01

 

GENERAL PROVISIONS

 

Sections:

45.0101       Short title.

45.0102       Legislative declaration.

45.0103       Definitions.

45.0104       Child not neglected-When.

45.0115       Original jurisdiction.

45.0120       Right to counsel.

45.0121       Nonrepresentation by counsel-Motion for new trial.

45.0122      Representation by Attorney General.

45.0123      Trial by jury-Waiver.

45.0124      Hearing-Procedure-Record-Publicity.

45.0130      Social study and other reports.

45.0135      Effect of proceedings.

45.0140      Referees-Qualifications-Duties.

45.0141      Records of court proceedings-Inspection.

45.0142      Records of court proceedings-Petition for expungement.

45.0143      Record of court proceedings-Order for expungement.

45.0145      Appeals.

 

Research Guide: Following each section of this chapter appear the various codes, and their sections. upon which the juvenile justice provisions were based. The following abbreviations apply:

ASC—American Samoa Code

CRS—Colorado Revised Statutes (1973)

 

45.0101           Short title.

This act shall be known and may be cited as the “Juvenile Justice Act of 1980”.

 

History:            1980, PL 16-71 § 1.

 

Research Guide: CRS 19-1-101.

 

45.0102           Legislative declaration.

(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 ties when­ever possible;

(3)  remove a child from the custody of his parents only when his welfare and safety or the protection of the public would otherwise be en­dangered; and

(4)  secure for any child removed from the custody of his parents the necessary care, guidance and discipline to assist him in becom­ing a responsible and productive member of society.

(b)  To carry out these purposes, the provi­sions of this title shall be liberally construed.

 

History:            1980, PL 16-71 § 1.

 

Research Guide: CRS 19-1-102.

 

Case Notes:

In a petition to relinquish parental rights to a child, a court is required to first consider the best interest and welfare of the child, as well as the best interest of all concerned.  A.S.C.A. §§ 45.0102, 45.0402.  In re Two Minor Children, 19 A.S.R.2d 32 (1991).

A petition t�