45.0301 Referral to Attorney General-Petition.

Cite as [A.S.C.A. § 45.0301]

(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 jurisdiction to the Attorney General who determines whether the interests of the child or of the community require that further action be taken.

(b) If the Attorney General determines that the interests of the child or of the community require that further action be taken, he may file a petition in delinquency on the form specified in 45.0310, which shall be accepted by the Court.

(c) If the Attorney General is unable to determine whether the interests of the child or of the community require that further action be taken he may refer the matter to the juvenile probation officer, the Department of Health, or other agency designated by the court for a preliminary investigation and recommendations as to filing a petition tinder paragraph (a)(l) of 45.0115 or as to initiating an informal adjustment under paragraphs (3) of 45.0302 and 45.0303.

(d) After the filing of a petition alleging that the child is within the Court’s jurisdiction, as provided in paragraph (a)(l) of 45.0115, the Court may conduct a preliminary hearing to determine if there is probable cause to believe that the facts alleged in the petition bring the child within the Court’s jurisdiction.

History: 1980, PL 16-71 § 1.

Research Guide: CRS 19-3-l01.