Juvenile courts procedures.

WORKING DRAFT
2008
STATE OF
WYOMING
08LSO-0287

HOUSE BILL
NO.
HB0049

Juvenile courts procedures.

Sponsored by:
Representative(s) Buchanan and Senator(s) Ross

A BILL

for

AN ACT relating to juveniles; repealing the right to a jury trial in juvenile actions; amending the maximum time in which a juvenile matter may be adjudicated as specified; and providing for an effective date.

Be It Enacted by the Legislature of the State of
Wyoming
:

Section 1.
W.S. 14
‑
3
‑
402(a)(i), 14
‑
3
‑
409(c), 14
‑
3
‑
424(a) and (b), 14
‑
3
‑
425(b), 14
‑
3
‑
426(b) and (c), 14
‑
6
‑
201(a)(i), 14
‑
6
‑
209(c), 14
‑
6
‑
225(b), 14
‑
6
‑
226(b), 14
‑
6
‑
237(a), 14
‑
6
‑
402(a)(i), 14
‑
6
‑
409(c), 14
‑
6
‑
424(a) and (b), 14
‑
6
‑
425(b)
and
14
‑
6
‑
426(b) and (c) are amended to read:

14
‑
3
‑
402.

Definitions.

(a)

As used in this act:

(i)

"Adjudication" means a finding by the court
,

or the jury,

incorporated in a decree, as to the truth of the facts alleged in the petition;

14
‑
3
‑
409.

Taking of child into custody; informal hearing where no court order; conditional release; evidence; rehearing.

(c)

The parents, guardian or custodian shall be given an opportunity to admit or deny the allegations in the petition. If the allegations are admitted, the court shall make the appropriate adjudication and may proceed immediately to a disposition of the case, provided the court has the predisposition report and multidisciplinary team recommendations, in accordance with the provisions of W.S. 14
‑
3
‑
429, except that a commissioner acting in the absence or incapacity of the judge may take testimony to establish a factual basis and accept an admission and perform all other requirements of the initial hearing but shall not proceed to disposition. If denied, the court shall set a time not to exceed sixty (60) days for an adjudicatory hearing, unless the court finds good cause to delay or postpone the hearing.

In no case shall the court hold the adjudicatory hearing more than ninety (90) days after the date the petition is filed.

14
‑
3
‑
424.

Conduct of hearings generally; exclusion of general public and child; exceptions; consolidations, continuances or deferrals permitted.

(a)

Unless a jury trial is demanded,
H
earings under this act shall be conducted by the court without a jury in an informal but orderly manner and separate from other proceedings not included under this act. The district attorney shall present evidence in support of the petition and otherwise represent the state. If the allegations in the petition are denied, adjudicatory and disposition hearings shall be recorded by the court reporter or by electronic, mechanical or other appropriate means.

(b)

Except in hearings to declare a person in contempt of court, the general public are excluded from hearings under this act. Only the parties, counsel for the parties,

jurors,

witnesses, and other persons the court finds having a proper interest in the proceedings or in the work of the court shall be admitted. If the court finds it necessary in the best interest of the child, the child may be temporarily excluded from any hearing.

14
‑
3
‑
425.

Burden of proof required; effect thereof.

(b)

If trial by jury is demanded, the jury shall decide issues of fact raised by the petition and return its verdict as to the truth of the allegations contained in the petition.
A finding
by the jury

that the allegations are true is a determination that judicial intervention is necessary for the best interest and welfare of the child.

14
‑
3
‑
426.

Initial appearance; adjudicatory hearing; entry of decree and disposition; evidentiary matters; continuance of disposition hearing.

(b)

If the allegations of the petition are denied, the court may, with consent of the parties, proceed immediately to hear evidence on the petition or it may set a later time not to exceed sixty (60) days for an adjudicatory hearing, unless the court finds good cause to delay or postpone the hearing.
In no case shall the court hold the adjudicatory hearing more than ninety (90) days after the date the petition is filed.
Only competent, relevant and material evidence shall be admissible at an adjudicatory hearing to determine the truth of the allegations in the petition. If after an adjudicatory hearing the court finds that the allegations in the petition are not established as required by this act, it shall dismiss the petition and order the child released from any shelter care.

(c)

If after an adjudicatory hearing or a valid admission or confession the court
or jury
finds that a child is neglected, it shall enter a decree to that effect stating the jurisdictional facts upon which the decree is based. It may then proceed immediately or at a postponed hearing within sixty (60) days to make proper disposition of the child.

14
‑
6
‑
201.

Definitions; short title; statement of purpose and interpretation.

(a)

As used in this act:

(i)

"Adjudication" means a finding by the court
,

or the jury,
incorporated in a decree, as to the truth of the facts alleged in the petition;

14
‑
6
‑
209.

Taking of child into custody; informal hearing where no court order; conditional release; evidence; rehearing.

(c)

The child shall be given an opportunity to admit or deny the allegations in the petition. If the allegations are admitted, the court shall make the appropriate adjudication and may proceed immediately to a disposition of the case, provided the court has the predisposition report and multidisciplinary team recommendations, in accordance with the provisions of W.S. 14
‑
6
‑
229, except that a commissioner acting in the absence or incapacity of the judge may take testimony to establish a factual basis and accept an admission and perform all other requirements of the initial hearing but shall not proceed to disposition. If denied, the court shall set a time not to exceed sixty (60) days for an adjudicatory hearing or a transfer hearing, unless the court finds good cause to delay or postpone the hearing.

In no case shall the court hold the adjudicatory hearing more than ninety (90) days after the date the petition is filed.

14
‑
6
‑
225.

Burden of proof required; effect thereof.

(b)

If trial by jury is demanded, the jury shall decide issues of fact raised by the petition and return its verdict as to the truth of the allegations contained in the petition.
A finding
by the jury
that the allegations are true is not deemed a conviction of guilt, but is a determination that judicial intervention is necessary for the best interest and welfare of the child and the public.

14
‑
6
‑
226.

Initial appearance; adjudicatory or transfer hearing; entry of decree and disposition; evidentiary matters; continuance of disposition hearing.

(b)

If the allegations of the petition are denied, the court may, with consent of the parties, proceed immediately to hear evidence on the petition or it may set a later time not to exceed sixty (60) days for an adjudicatory or a transfer hearing, unless the court finds good cause to delay or postpone the hearing.
In no case shall the court hold the adjudicatory hearing more than ninety (90) days after the date the petition is filed.

Only competent, relevant and material evidence shall be admissible at an adjudicatory hearing to determine the truth of the allegations in the petition. If after an adjudicatory hearing the court finds that the allegations in the petition are not established as required by this act, it shall dismiss the petition and order the child released from any detention or shelter care.

14
‑
6
‑
237.

Transfer hearing; transfer of proceedings commenced in district court or in municipal or circuit court.

(a)

After a petition alleging a child has committed a delinquent act is filed, the court may, on its own motion or that of any party any time prior to the adjudicatory hearing, order a transfer hearing to determine if the matter should be transferred to another court having jurisdiction of the offense charged for criminal prosecution as provided by law. Notice in writing of the time, place and purpose of the transfer hearing shall be given to the child and his parents, guardian or custodian at least three (3) days before the hearing. The transfer hearing shall be conducted in conformity with W.S. 14
‑
6
‑
222 through 14
‑
6
‑
224
.

except there shall be no jury.

14
‑
6
‑
402.

Definitions.

(a)

As used in this act:

(i)

"Adjudication" means a finding by the court
,

or the jury,

incorporated in a decree, as to the truth of the facts alleged in the petition;

14
‑
6
‑
409.

Taking of child into custody; informal hearing where no court order; conditional release; evidence; rehearing.

(c)

The child shall be given an opportunity to admit or deny the allegations in the petition. If the allegations are admitted, the court shall make the appropriate adjudication and may proceed immediately to a disposition of the case, provided the court has the predisposition report and multidisciplinary recommendations, in accordance with the provisions of W.S. 14
‑
6
‑
429, except that a commissioner acting in the absence or incapacity of the judge may take testimony to establish a factual basis and accept an admission and perform all other requirements of the initial hearing but shall not proceed to disposition. If denied, the court shall set a time not to exceed sixty (60) days for an adjudicatory hearing, unless the court finds good cause to delay or postpone the hearing.

In no case shall the court hold the adjudicatory hearing more than ninety (90) days after the date the petition is filed.

14
‑
6
‑
424.

Conduct of hearings generally; exclusion of general public and child; exceptions; consolidations permitted.

(a)

Unless a jury trial is demanded,
H
earings under this act shall be conducted by the court without a jury in an informal but orderly manner and separate from other proceedings not included under this act. The district attorney shall present evidence in support of the petition and otherwise represent the state. If the allegations in the petition are denied, adjudicatory and disposition hearings shall be recorded by the court reporter or by electronic, mechanical or other appropriate means.

(b)

Except in hearings to declare a person in contempt of court, the general public are excluded from hearings under this act. Only the parties, counsel for the parties,

jurors,

witnesses, and other persons the court finds having a proper interest in the proceedings or in the work of the court shall be admitted. If the court finds it necessary in the best interest of the child, the child may be temporarily excluded from any hearing except while evidence is being received at an adjudicatory hearing in support of the allegations of his need for supervision.

14
‑
6
‑
425.

Burden of proof required; effect thereof.

(b)

If trial by jury is demanded, the jury shall decide issues of fact raised by the petition and return its verdict as to the truth of the allegations contained in the petition.
A finding
by the jury
that the allegations are true is a determination that judicial intervention is necessary for the best interest and welfare of the child.

14
‑
6
‑
426.

Initial appearance; adjudicatory hearing; entry of decree and disposition; evidentiary matters; continuance of disposition hearing.

(b)

If the allegations of the petition are denied, the court may, with consent of the parties, proceed immediately to hear evidence on the petition or it may set a later time not to exceed sixty (60) days for an adjudicatory hearing, unless the court finds good cause to delay or postpone the hearing.
In no case shall the court hold the adjudicatory hearing more than ninety (90) days after the date the petition is filed.
Only competent, relevant and material evidence shall be admissible at an adjudicatory hearing to determine the truth of the allegations in the petition. If after an adjudicatory hearing the court finds that the allegations in the petition are not established as required by this act, it shall dismiss the petition and order the child released from any detention or shelter care.

(c)

If after an adjudicatory hearing or a valid admission or confession the court
or jury
finds that a child is in need of supervision, it shall enter a decree to that effect stating the jurisdictional facts upon which the decree is based. It may then proceed immediately or at a postponed hearing within sixty (60) days to make proper disposition of the child, unless the court finds good cause to delay or postpone the hearing.

Section 2.
W.S. 14
‑
3
‑
409(b)(iv), 14
‑
3
‑
423(b), 14
‑
3
‑
434(b)(ii), 14
‑
6
‑
209(b)(v), 14
‑
6
‑
223(c), 14
‑
6
‑
224(a) and (b), 14
‑
6
‑
235(b)(ii), 14
‑
6
‑
409(b)(iv), 14
‑
6
‑
423(b) and 14
‑
6
‑
434(b)(ii) are repealed.

Section 3.
This act is effective July 1, 2008.

(END)

1
HB0049