Title 15, Chapter 11, Section 56
( 15-11-56)
(a) Findings. After hearing the evidence on any petition alleging
delinquency, unruliness, or deprivation, the court shall make and
file its findings as to whether the child is a deprived child or, if
the petition alleges that the child is delinquent or unruly, after
hearing the evidence the court shall make and file its findings as
to whether the acts ascribed to the child were committed by the
child. If the court finds that the child is not a deprived child or
that the allegations of delinquency or unruly conduct have not been
established, it shall dismiss the petition and order the child
discharged from any detention or other restriction theretofore
ordered in the proceeding. (b) Disposition. The court shall proceed immediately or at a
postponed hearing to make a proper disposition of the case if the
court finds from clear and convincing evidence that the child: (1) Is deprived; (2) Is in need of treatment or rehabilitation as a delinquent
child; or (3) Is in need of treatment or rehabilitation or supervision as an
unruly child. (c) Evidence. In dispositional hearings under subsection (b) of this
Code section and in all proceedings involving custody of a child,
all information helpful in determining the questions presented,
including oral and written reports, may be received by the court and
relied upon to the extent of its probative value even though not
otherwise competent in the hearing on the petition. The parties or
their counsel shall be afforded an opportunity upon request to
examine and controvert written reports so received and to
cross-examine individuals making the reports, except that portions
of such reports not relied on by the court in reaching its decision
which, if revealed, would be prejudicial to the interests of the
child or any party to the proceeding may be withheld in the court's
discretion. Confidential sources of information need not be
disclosed. (d) Continuances; scheduling. On its own motion or that of a party,
the court may continue the hearings under this Code section for a
reasonable period to receive reports and other evidence bearing on
the disposition or the child's need for treatment or rehabilitation.
In this event, the court shall make an appropriate order for
detention of the child or for the child's release from detention
subject to supervision of the court during the period of the
continuance. In scheduling investigations and hearings, the court
shall give priority to proceedings in which a child is in detention
or has otherwise been removed from his or her home before an order
of disposition has been made. |