Chapter 03 - Petition-Adjudication-Disposition

Chapter 03 - Petition-Adjudication-Disposition

45.0301 Referral to Attorney General-Petition.


(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.

45.0302 Referral to court-Preliminary investigation.


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 preliminary investigation made to determine whether the interests of the child or of the community require that further action be taken. This investigation shall be made by the juvenile probation officer, the Department of Health, or any other agency designated by the Court. On the basis of the preliminary investigation, the Court may:

(1) decide that no further action is required, either in the interests of the public or of the child;

(2) authorize a petition to be filed; or

(3) make whatever informal adjustment is practicable without a petition if:

(A) the child and his parents, guardian, or other legal custodian were informed of their constitutional and legal rights including being represented by counsel at every stage of the proceedings;

(B) the facts are admitted and establish prima facie jurisdiction, except that the admission shall not be used in evidence if a petition is filed; and

(C) written consent is obtained from the parents, guardian, or other legal custodian and also from the child, if of sufficient age and understanding.

45.0303 Informal adjustment-Time limit.


(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 custodian in a constructive manner designed to promote rehabilitation using the methods as provided in subsection (c) of 45.0502 as well as requiring any 1 or more of the conditions of probation that are authorized under 46.2205.

(c) No child may be handled by informal adjustment where the child referred to the Court by any person has had any sustained petition for delinquency in the preceding 12 months or has been handled by informal adjustment for a delinquent act in the preceding 12 months.

45.0304 Petition for protection from child abuse.


(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 require that he be protected from risk of further abuse, the Court shall then authorize and may order the filing of a petition.

(b) Upon receipt of a report, as described in subsection (a), from any person other than those specified in subsection (a), the Court, after the investigation as may be reasonable tinder the circumstances. may authorize and may order the filing of a petition.

45.0310 Form and content of petition.


(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 ……………..Respondent”. The petition shall be verified, and the statements in the petition may be made upon information and belief.

(b) The petition sets forth plainly the facts which bring the child within the court’s jurisdiction. If the petition alleges that the child is delinquent, it cites the law which the child is alleged to have violated. The petition also states the name, age, and residence of the child and the names and residences of his parents, guardian, or other legal custodian or of his nearest known relative if no parent, guardian, or other legal custodian is known.

45.0311 Summons-Issuance.


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 constitutional and legal rights of the child, his parents or guardian, or any other respondent, including the right to have an attorney present at the hearing on the petition.

45.0312 Summons-Not to issue when.


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 request.

45.0313 Summons-Requirement for appearance.


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 parents or guardian, or both, notifying them of the pendency of the case and of the time and place set for hearing.

45.0314 Summons-Additional respondents-Attendance.


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 compulsory process by the Court requiring the attendance of witnesses on his own behalf or on behalf of the child.

45.0315 Summons-Custody of child required when.


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.

45.0316 Summons-Payment of travel expenses.


The Court may authorize the payment of necessary travel expenses incurred by persons summoned or otherwise required to appear.

45.0317 Summons-Personal service.


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 person served, except that personal service shall be effected not less than 5 days prior to the time set for a hearing concerning a dependent or neglected child.

45.0318 Summons.


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 custodian if due notice has been given in the following manner:

(a) When the residence of the person to be served outside the territory is known, a copy of the summons and petition shall be sent by certified mail with postage prepaid to the person at his place of residence with a return receipt requested. Service of summons is considered complete within 5 days after return of the requested receipt.

(b) When the person to be served has no residence within American Samoa, his place of residence is not known, or when he cannot be found within the territory after due diligence, service may be by publication in a newspaper of general circulation in American Samoa or by any other means authorized by the court.

45.0325 Contempt-Warrant.


(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 of the child requires that he be brought immediately into the custody of the court, a bench warrant may be issued for the parents, guardian, or other legal custodian, or for the child.

(c) When a parent or other person who signed a written promise to appear and bring the child to court under 45.0202 through 45.0207 and 45.0210 or who has waived or acknowledged service fails to appear with the child on the date set by the court, a bench warrant may be issued for the parent or other person, or the child, or both.

45.0326 Appointment of guardian ad litem.


(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; or

(2) the court finds that there may be a conflict of interest between the child and his parent, guardian, or other legal custodian; or

(3) the court finds that it is in the child’s interest and necessary for his welfare, whether or not a parent, guardian, or other legal custodian is present.

(b) The court shall appoint a guardian ad litem for any parent in proceedings under paragraph (a)(3) or (a)(5) of 45.0115 who has been adjudicated as mentally ill by a court of competent jurisdiction or is developmentally disabled, except that if a conservator has been appointed, the conservator may serve as the guardian ad litem. If the conservator does not serve as guardian ad litem, he shall be informed that a guardian ad litem has been appointed.

(c) At the time any child first appears in court, if it is determined that he has no guardian of his person, the court shall appoint a guardian of the person of the child before proceeding with the matter.

(d) In all proceedings brought for the protection of a child suffering from abuse or nonaccidental injury, following a report made under 45.2010, a guardian ad litem shall be appointed for this child. The guardian shall have the powers and duties specified in 45.2017.

45.0330 Adjudicatory hearing-Consideration of evidence.


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 of the evidence in cases concerning neglected or dependent children; except that jurisdictional matters of the age and residence of the child is considered admitted by or on behalf of the child unless specifically denied prior to the adjudicatory hearing.

45.0331 Adjudicatory hearing-Consideration of additional evidence-Amendment of petition.


(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, the court, on the motion of any interested party or on its own motion, shall order the petition to be amended to conform to the evidence.

(c) If the amendment results in a substantial departure from the original allegations in the petition, the court shall continue the hearing on the motion of any interested party, or the court may grant a continuance on its own motion if it finds it to be in the best interests of the child or any other party to the proceeding.

(d) If it appears from the evidence that the child may be mentally ill or developmentally disabled, subsections (a) to (c) do not apply, and the court shall proceed under 45.0336.

45.0332 Adjudicatory hearing-Continuation.


(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 or agency subject to conditions of conduct and of visitation or supervision by a juvenile officer as the court may prescribe, if:

(1) consent is given by the child and his parent, guardian, or other legal custodian after being fully in formed by the court of their rights in the proceeding, including their right to have an adjudication made either dismissing or sustaining the petition; and

(2) the continuation extends no longer than 6 months without review by the court.

(b) Upon review the court may continue the case for an additional period not to exceed 6 months, after which the petition shall either be dismissed or sustained.

45.0333 Adjudicatory hearing-Allegation of delinquent child.


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 45.0330 through 45.0335; or

(2) upon request of the Attorney General, continue the case for further investigation to determine whether the court should certify the child for criminal proceedings as an adult under subsection (d) of 45.0115, in which event the court shall advise the child and his parents, guardian, or legal custodian of the possible consequences of the certification and all constitutional and legal rights in connection with it.

45.0334 Adjudicatory hearing-Dismissal of petition.


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, the court shall order the petition dismissed and the child discharged from any detention or restriction previously ordered. His parents, guardian, or other legal custodian shall also be discharged from any restriction or other previous temporary order.

45.0335 Adjudicatory hearing-Petition sustained.


(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, except when the case is continued as provided in subsection (a) of 45.0332, the Court shall sustain the petition and shall make an order of adjudication setting forth whether the child is delinquent, in need of supervision, or neglected or dependent. In cases concerning neglected or dependent children, evidence that child abuse or nonaccidental injury has occurred constitutes prima facie evidence that the child is neglected or dependent and the evidence sufficient to support an adjudication under 45.0330 to 45.0335.

(b) The Court then holds the dispositional hearing, but the hearing may be continued on the motion of any interested party or on the motion of the Court.

45.0336 Mentally ill or developmentally disabled child-Procedure.


(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 facility for the purpose of examination.

(b) If the report of the examination made under subsection (a) states that the child is mentally ill to the extent that short-term or long-term hospitalization or institutional con-finement and treatment is required, the Court may order the treatment or confinement.

(c) The Court dismisses the original petition when a child who has been ordered to receive treatment is no longer receiving treatment.

(d) The Court sets a time for resuming the hearing on the original petition when:

(1) the report of the examination made under subsection (a) states that the child is not mentally ill to the extent that short-term or long-term hospitalization or institutional con-finement and treatment are required;

(2) the report of the examination made under subsection (a) states that the child is developmentally disabled but not mentally ill; or

(3) the child is found not to be mentally ill.

45.0340 Certification of child for criminal proceedings as an adult.


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 introductory portion and paragraph (2) of 45.0333; and

(2) whether the interest of the child or of the community would be better served if the child were certified for criminal proceedings as an adult.

45.0341 Certification hearing-Consideration of factors.


(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 to certify the child for criminal proceedings as an adult, the Court considers the following factors:

(1) the seriousness of the offense and whether the protection of the community requires isolation of the child beyond that afforded by juvenile facilities;

(2) whether the alleged offense was committed in an aggressive, violent, premeditated, or willful manner;

(3) whether the alleged offense was against persons or property, greater weight being given to offenses against persons;

(4) the maturity of the child as determined by considerations of his home, environment, emotional attitude, and pattern of living;

(5) the record and previous history of the child; and

(6) the likelihood of rehabilitation of the child by use of juvenile facilities available to the court.

(c) The amount of weight to be given to each of the factors listed in subsection (b) is discretionary with the Court, except that a record of 2 or more previously sustained petitions for acts which would constitute felonies if committed by an adult establishes prima facie evidence that not to certify the child for criminal proceedings as an adult would be contrary to the best interests of the child or of the community.

(d) The insufficiency of evidence pertaining to any 1 or more of the factors listed in subsection (b) is not determinative in and of itself of the issue of certification.

45.0342 Certification hearing-Consideration of written reports.


Written reports and other materials relating to the child’s mental, physical, educational, and social history may be considered by the Court in a hearing as provided in 45.0340, but the Court, if so requested by the child, his parent or guardian, or other interested party, shall require the person or agency preparing the report and other material to appear and be subject to both direct and cross-examination.

45.0343 Certification hearing-Order for proceedings as an adult.


(a) In a hearing as provided in 45.0340, if the court finds that it should certify the child for criminal proceedings as an adult, it shall enter an order to that effect; except, that, the order shall be null and void if the Attorney General fails to file any information in the Court within 5 days of issuance of the written order of certification, exclusive of Saturdays, Sundays, and Court holidays. Upon failure of the Attorney General to file any information, the Court retains jurisdiction and proceeds under 45.0330 to 45.0335.

(b) As a condition of the certification, the Court in its discretion may provide that a child continues to be held in detention pending the filing of any information in the Court. Where the child has made bond in proceedings in the Court, it continues in full force and effect unless modified by order of the Court.

45.0344 Certification hearing-Procedure under 45.0330 to 45.0335.


In a hearing as provided in 45.0340 if the Court finds that it is in the best interests of the child and of the community not to certify the child for criminal proceedings as an adult, then it proceeds with the adjudicatory hearing under 45.0330 to 45.0335.

45.0345 Disposition hearing.


(a) After making an order of adjudication, the Court hears evidence on the question of the proper disposition best serving the interests of the child and the public. The evidence includes, but is not limited to, the social study and other reports under 45.0130.

(b) The Court may have the child examined by a physician, psychiatrist, or psychologist, and the Court may place the child in a suitable facility for this purpose.

(c) (1) The Court may continue the dispositional hearing, either on its own motion or on the motion of any interested party, for a reasonable period to receive reports or other evidence, but the Court shall continue the hearing for good cause on the motion of any interested party in any case where the termination of parental rights is a possible remedy.

(2) If the hearing is continued, the Court shall make an appropriate order for detention of the child or for his release into the custody of his parents, guardian, or other responsible person or agency under conditions of supervision as the Court may impose during the continuance.

(3) In scheduling investigations and hearings, the Court gives priority to proceedings concerning a child who is in detention or who has otherwise been removed from his home before an order of disposition has been made.

45.0346 Order of protection.


(a) The Court may make an order of protection in assistance of or as a condition of any decree of disposition authorized by this chapter. The order of protection may set forth reasonable conditions or behavior to be observed for a specified period by the parent, guardian, or any other person who is party to proceedings brought under paragraph (a)(l), (a)(2), or (a)(3) of 45.0115.

(b) The order of protection may require a person to:

(1) stay away from a child or his residence;

(2) permit a parent to visit a child at stated periods;

(3) abstain from offensive conduct against a child, his parent or parents, guardian, or any other person to whom legal custody of a child has been given;

(4) give proper attention to the care of the home;

(5) cooperate in good faith with an agency:

(A) which has been given legal custody of a child;

(B) which is providing protective supervision of a child by Court order; or

(C) which the child has been referred by the Court;

(6) refrain from acts of commission or omission that tend to make a home an improper place for a child; or

(7) perform any legal obligation of support.

(c) After notice and opportunity for a hearing is given to a person subject to an order of protection, the order may be terminated, modified, or extended for a specified period of time if the Court finds that the best interests of the child and the public will be served.

(d) A person failing to comply with an order of protection without good cause may be found in contempt of court.

45.0350 Delinquent child-Disposition.


(a) If a child has been adjudicated as being delinquent, the Court shall enter a decree of disposition containing 1 or more of the following provisions which the Court finds appropriate:

(1) The Court may make any disposition, or combination of dispositions when appropriate, under subsection (a) of 45.0352, except that any delinquent child committed to the Corrections Bureau may be placed in any training school or any other facility, or other disposition may be made, which the bureau may determine as provided by law;

(2) The Court may commit a person 18 years of age or older to the Bureau if he is adjudicated delinquent for an act committed prior to his 18th birthday or upon revocation of probation;

(3) The Court may sentence a person who is 18 years of age or older on the date of a dispositional hearing to the Territorial Correctional Facility for a period not to exceed an aggregate total of 180 days, which may be served consecutively or in intervals, if he is adjudicated delinquent for an act committed prior to his 18th birthday

(4) The Court may impose a fine of not more than $300.

(b) The Court may grant a new hearing under 45.0362.

45.0352 Child in need of supervision-Disposition.


(a) When a child has been adjudicated as being in need of supervision, the Court enters a decree of disposition containing 1 or more of the following provisions which the Court finds appropriate:

(1) The Court may place the child on probation or under protective supervision in the legal custody of 1 or both parents or the guardian under conditions the Court may impose.

(2) The Court may place the child in the legal custody of a relative or other suitable person under conditions the Court may impose, which may include placing the child on probation or under protective supervision.

(3) The Court may require as a condition of probation that the child report for assignment to a supervised work program or place the child in a child care facility which shall provide a supervised work program, if:

(A) the child is not deprived of the schooling which is appropriate to his age, needs, and specific rehabilitative goals;

(B) the supervised work program is of a constructive nature designed to promote rehabilitation, is appropriate to the age level and physical ability of the child, and is combined with counseling from a juvenile officer or other guidance personnel; or

(C) the supervised work program assignment is made for a period of time consistent with the child’s best interest, but not exceeding 180 days.

(4) The Court may place legal custody in the Department of Health, or a child placement agency for placement in a family care home or child care facility, or it may place the child in a child care center.

(5) The Court may order that the child be examined or treated by a physician, surgeon, psychiatrist, or psychologist, or that he receive other special care, and may place the child in a suitable facility for those purposes.

(6) The Court may require the child to pay for any damage done to persons or property, upon conditions the Court may consider best when the payment can be enforced without serious hardship or injustice to the child.

(7) Court ordered placement for a child committed under this section shall not exceed 2 years; except, that the committing Court may renew the placement for an additional period not to exceed 2 years, upon recommendation of the placement agency.

(8) When the placement agency determines that a child committed under this section should be released, it shall notify the committing Court in writing, setting forth the reasons why the child should be released.

(9) Upon receipt of that notification, the Court may:

(A) enter an order releasing the child from commitment to the placement agency, either unconditionally or under conditions the Court may impose;

(B) enter an order releasing the child from the jurisdiction of the Court;

(C) enter an order continuing the commitment of the child;

(D) hold a hearing on the request for release after due notice has been given to all parties involved; or

(E) enter any combination of the orders included in subparagraphs (A) to (C) which the Court finds appropriate and which are not mutually exclusive.

(10) When the Court enters an order releasing the child from commitment to the placement agency, the agency immediately returns the child to the court.

45.0354 Neglected or dependent child-Disposition.


When a child has been adjudicated to be neglected or dependent, the Court shall enter a decree of disposition. When the decree does not terminate parental rights, it shall include 1 or more of the following provisions which the Court finds appropriate:

(a) The Court may place the child in the legal custody of 1 or both parents or the guardian, with or without protective supervision, under conditions the Court may impose, under 45.0346.

(b) The Court may place the child in the legal custody of a relative or other suitable person, with or without protective supervision, under conditions the Court may impose, under 45.0346.

(c) The Court may place legal custody in a child placement agency for placement in a family care home, the department of health, or other child care facility.

(d) The Court may order that the child be examined or treated by a physician, surgeon, psychiatrists, or psychologist or that he receive other special care and may place the child in a suitable facility for those purposes.

45.0355 Neglected or dependent child-Termination of parental rights.


In a disposition as provided in 45.0354:

(a) The Court may enter a decree terminating all parental rights of 1 or both parents in the child when it finds that the best interests and welfare of the child so require.

(b) Upon the entry of a decree terminating the legal rights of both parents, of the sole surviving parent, or of the mother of a child born out of wedlock, the Court may:

(1) vest the Department of Health or a child placement agency with the legal custody and guardianship of the person of a child for the purposes of placing the child for adoption; or

(2) make any other disposition provided under (a)(2), (3), or (4) above that the Court finds appropriate.

(c) Upon the entry of a decree terminating the parental rights of 1 parent, the Court may:

(1) leave the child in. the legal custody of the other parent and discharge the proceedings; or

(2) make any other disposition under (a) above that the Court finds appropriate.

45.0356 Neglected or dependent child-Surrender of custody.


When a child has been adjudicated neglected because he has been willfully abandoned by his parent or parents, the Court may enter a decree terminating parental rights in the child if it finds that the parent or parents having legal custody have surrendered physical custody for a period of at least 6 months and during this period have not manifested to the child or the person having physical custody a firm intention to resume physical custody or to make arrangements for the care of the child.

45.0357 Neglected or dependent child-Consideration of placement.


In placing the legal custody or guardianship of the person of a child with an individual or a private agency, the Court, in a disposition as provided in 45.0354, shall give primary consideration to the welfare of the child, but shall take into consideration the religious preference of the child or his parents whenever practicable.

45.0358 Neglected or dependent child-New hearing-Permanency of decree.


In a disposition as provided in 45.0354:

(a) The Court may grant a new hearing as under 45.0362.

(b) Unless there is an appeal from a decree terminating the rights of 1 or both parents, the decree terminates permanently the legal parent-child relationship and all the rights and duties, including residual parental rights and duties, of the parent or parents involved.

45.0360 Commitment to corrections bureau.


(a) (1) When a child is committed to the Corrections Bureau, the Court, in a disposition as provided in 45.0354, transmits with the commitment order a copy of the petition, the order of adjudication, copies of the social study, any clinical or educational reports, and other information pertinent to the care and treatment of the child.

(2) The Bureau provides the Court with any information concerning a child committed to its care which the Court at any time may require.

(b) (1) A commitment of a child to the Bureau under 45.0350 is for an indeterminate period, but institutional placement may not exceed a total of 2 years as determined by the Bureau, except under paragraph (b)(3).

(2) The Bureau may petition the committing Court to extend the commitment for an additional period not to exceed 2 years. The petition sets forth the reasons why it would be in the best interests of the child or the public to extend the commitment. Upon filing the petition, the Court sets a hearing to determine whether the petition should be granted or denied and notifies all interested parties.

(3) Parole supervision of children committed to the Bureau under 45.0350 may not exceed 2 years as determined by the Parole Board, except under 45.1102.

(4) When it is brought to the attention of the Court that a child committed to the Bureau by the Court has been placed in an institution or other facility for a period exceeding 1 year without being considered for parole, the Court may request the Parole board to review the case.

45.0361 Legal custody-Guardianship.


(a) (1) Any individual, agency, or institution vested by the Court with legal custody of a child has the rights and duties defined under subsection (18) of 45.0103.

(2) Any individual, agency, or institution vested by the Court with the guardianship of the person of a child has the rights and duties defined in subsection (16) of 45.0103 except that no guardian of the person may consent to the adoption of a child unless that authority is expressly given him by the Court.

(b) (1) If legal custody or guardianship of the person is vested in an agency or institution, the Court transmits, with the Court order, copies of the social study, any clinical reports, and other information concerning the care and treatment of the child.

(2) An individual, agency, or institution having legal custody or guardianship of the person of a child gives the Court any information concerning the child which the Court at any time may require.

(c) (1) Any agency other than the Bureau vested by the Court with legal custody of a child has the right, subject to the approval of the Court, to determine where and with whom the child shall live.

(2) No individual vested by the Court with legal custody of a child may remove the child from the Territory for more than 30 days without Court approval.

(d) (1) A decree vesting legal custody of a child in an individual, institution, or agency other than the Bureau is for an indeterminate period, not to exceed 2 years from the date it was entered. The decree is reviewed by the Court no later than 6 months after it is entered.

(2) The individual, institution, or agency vested with the legal custody of a child may petition the Court for renewal of the decree. The Court, after notice and hearing, may renew the decree for an additional period as the Court may determine, if it finds the renewal to be in the best interests of the child. The findings of the Court and the reasons for them shall be entered with the order renewing or denying renewal of the decree.

(e) No legal custodian or guardian of the person may be removed without his consent until given notice and an opportunity to be heard by the Court if he requests it.

45.0362 New hearing authorized.


(a) A parent, guardian, custodian, or next friend of any child adjudicated under this chapter, or any person affected by a decree in a proceeding under this chapter, may petition the Court for a new hearing on the grounds specified in Rule 59 (a) of the Federal Rules of Civil Procedure.

(b) If it appears to the Court that the motion should be granted, it orders a new hearing and makes a disposition of the case as warranted by all the facts and circumstances and the best interests of the child.

45.0363 Probation-Terms-Release-Revocation.


(a) The terms and conditions of probation are specified by the Court. Each child placed on probation is given a Written statement of the terms and conditions of his probation and has the terms and conditions fully explained to him.

(b) (1) The Court reviews the terms and conditions of probation and the progress of each child placed on probation at least once every 6 months.

(2) The Court may release a child from probation or modify the terms and conditions of his probation at any time, but any child who has complied satisfactorily with the terms and conditions of his probation for a period of 2 years is released from probation and the jurisdiction of the Court is terminated.

(c) (1) When it is alleged that a child has violated the terms and conditions of his probation, the Court shall set a hearing on the alleged violation and gives notice to the child and his parents, guardian or other legal custodian, and any other parties to the proceeding as under 45.0311 to 45.0318.

(2) The child, his parents, guardian, or other legal custodian, are given a written statement concerning the alleged violation and has the right to be represented by counsel at the hearing, and are entitled to the issuance of compulsory process for the attendance of witnesses, under 45.0314.

(3) When the child has been taken into custody because of the alleged violation, 45.0202 to 45.0207 and 45.0210 apply.

(4) (A) The hearing on the alleged violation is conducted under 45.0124.

(B) If the Court finds that the child violated the terms and conditions of probation, it may modify the terms and conditions of probation, revoke probation, or take any other action permitted by this chapter which is in the best interests of the child and the public; except that no child under 45.0352 is committed to the Bureau.

(C) If the Court finds that the child did not violate the terms and conditions of his probation as alleged, it dismisses the proceedings and continues the child on probation under the terms and conditions previously prescribed.

(5) If the Court revokes the probation of a person 18 years of age, or older in addition to other action permitted by this chapter, the Court may sentence him to the Territorial Correctional Facility for a period not to exceed 3 months during which he may be released during the day for school attendance, job training, or employment as ordered by the Court.

45.0364 Continuing jurisdiction.


Except as otherwise provided in this chapter, the jurisdiction of the Court over any child adjudicated as delinquent, in need of supervision, or neglected or dependent continues until he becomes 21 years of age unless terminated by Court order.

45.0365 Adult cases-Penalty.


Any adult who:

(1) induces, aids, or encourages a child to violate any Federal, State, or Territorial law, or ordinance, or any Court order; or

(2) who abuses, ill-treats, neglects, or abandons a child, upon conviction, is guilty of a class A misdemeanor. (a) in the case where the violation is of a Territorial law classified as a felony, the same degree of felony as the law violated;

(b) in all other cases, a class A misdemeanor.