A. It is the intent of the Legislature of this state to provide for the creation of all reasonable means and methods that can be established by a state for:

1. The prevention of delinquency;

2. The care and rehabilitation of delinquent children; and

3. The protection of the public.

It is further the intent of the Legislature that this state, through the Office of Juvenile Affairs, establish, maintain and continuously refine and develop a balanced and comprehensive state program for children who are potentially delinquent or are delinquent.

B. Except as provided in subsection C of this section, whenever a child who has been adjudicated by the court as a delinquent child has been committed to the Office of Juvenile Affairs, the Office shall provide for placement pursuant to any option authorized by paragraphs 1 through 7 of this subsection; provided, nothing in this subsection shall be construed to establish a priority in regard to the selection of an option or to mandate the exclusive use of one particular option:

1. Place the child in a secure facility, including a collocated secure facility, or other institution or facility maintained, operated or contracted by the state for delinquent children if the child has:

a.exhibited seriously violent, aggressive or assaultive behavior,

b.committed a serious felony constituting violent, aggressive and assaultive behavior,

c.habitually committed delinquent acts if such acts would constitute felonies if committed by an adult,

d.committed multiple serious delinquent acts, or

e.violated any condition of probation or parole,

to the extent that it is necessary for the protection of the public. For purposes of placement, all deferred prosecutions for serious, habitual, violent, aggressive or assaultive crimes shall count toward placement decisions;

2. Place the child in a facility maintained, operated or contracted by the state for children, or in a foster home, group home, transitional living program or community residential center;

3. Allow the child his or her liberty, under supervision, in an independent living program;

4. Allow the child his or her liberty, under supervision, either immediately or after a period in one of the facilities referred to in paragraphs 1 and 2 of this subsection;

5. Place the child in a state school for individuals with intellectual disabilities, if the child is eligible for admission thereto;

6. Place the child in any licensed private facility deemed by the Office of Juvenile Affairs to be in the best interest of the child; or

7. Place the child as provided by Section 2-2-804 of this title and the Inpatient Mental Health and Substance Abuse Treatment of Minors Act, if the delinquent child has been found by a court to be in need of mental health or substance abuse treatment.

C. The Office shall place priority on the placement of delinquent youth held in secure juvenile detention facilities.

D. Placement of a juvenile pursuant to this section or any other provision of law shall be the responsibility of the Office of Juvenile Affairs and shall occur as soon as reasonably possible after adjudication and after the selected placement option becomes available.

The court shall not have authority to require specific placement of a juvenile in a time frame which would require the removal of any other juvenile from such placement.

Added by Laws 1968, c. 282, § 138, eff. Jan. 13, 1969. Amended by Laws 1981, c. 238, § 5, eff. Oct. 1, 1981; Laws 1982, c. 312, § 29, operative Oct. 1, 1982; Laws 1987, c. 224, § 1, eff. Nov. 1, 1987; Laws 1990, c. 238, § 10, emerg. eff. May 21, 1990; Laws 1991, c. 296, § 15, eff. Sept. 1, 1991; Laws 1992, c. 298, § 36, eff. July 1, 1993; Laws 1992, c. 373, § 4, eff. July 1, 1992; Laws 1993, c. 342, § 8, eff. July 1, 1993; Laws 1994, c. 290, § 44, eff. July 1, 1994; Laws 1995, c. 352, § 91, eff. July 1, 1995. Renumbered from § 1138 of Title 10 by Laws 1995, c. 352, § 199, eff. July 1, 1995. Amended by Laws 1997, c. 293, § 7, eff. July 1, 1997; Laws 2002, c. 327, § 22, eff. July 1, 2002; Laws 2009, c. 234, § 16, emerg. eff. May 21, 2009. Renumbered from § 7302-5.3 of Title 10 by Laws 2009, c. 234, § 173, emerg. eff. May 21, 2009. Amended by Laws 2011, c. 365, § 1, emerg. eff. May 26, 2011; Laws 2014, c. 362, § 7, emerg. eff. May 28, 2014; Laws 2019, c. 475, § 14, eff. Nov. 1, 2019.

NOTE: Laws 1992, c. 299, § 11 repealed by Laws 1992, c. 373, § 22, eff. July 1, 1992.