Title 15, Chapter 11, Section 65
( 15-11-65)
(a) Dispositional hearing for delinquent or unruly child. If the
court finds on proof beyond a reasonable doubt that the child
committed the acts by reason of which he or she is alleged to be
delinquent or unruly, it shall proceed immediately or at a later
time to conduct a dispositional hearing for the purpose of hearing
evidence as to whether the child is in need of treatment,
rehabilitation, or supervision and shall make and file its findings
thereon. If the child is to be held in custody at a detention
facility between the adjudicatory hearing and the dispositional
hearing, the court shall conduct the dispositional hearing within 30
days of the adjudicatory hearing. If the dispositional hearing is
conducted more than 30 days after the adjudicatory hearing, the
court shall make and file written findings of fact explaining the
need for the delay. In the absence of evidence to the contrary,
evidence sufficient to warrant a finding that acts have been
committed which constitute a felony is also sufficient to sustain a
finding that the child is in need of treatment or rehabilitation.
If the court finds that the child is not in need of treatment,
rehabilitation, or supervision, it shall dismiss the proceeding and
discharge the child from any detention or other restriction
theretofore ordered. (b) Evidence. In dispositional hearings under subsection (a) 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. |