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H.B. No. 0097 |
Juvenile hearings-timelines. |
Sponsored By: Representative(s) Lubnau and Senator(s) Ross
AN ACT relating to juveniles; modifying timelines for specified juvenile hearings; and providing for an effective date.
2/6/2008 Bill Number Assigned
2/11/2008 H Received for Introduction
2/13/2008 H Introduced and Referred to H01
ROLL CALL
Ayes: Representative(s) Alden, Anderson, R., Bagby, Berger, Blake, Brechtel, Brown, Buchanan, Childers, Cohee, Craft, Davison, Diercks, Dockstader, Edmonds, Edwards, Esquibel, F., Esquibel, K., Gilmore, Goggles, Hales, Hallinan, Hammons, Harshman, Harvey, Iekel, Illoway, Jaggi, Jones, Jorgensen, Landon, Lockhart, Lubnau, Madden, Martin, McOmie, Meyer, Miller, Millin, Olsen, Petersen, Philp, Quarberg, Samuelson, Semlek, Shepperson, Simpson, Slater, Steward, Stubson, Teeters, Thompson, Throne, Wallis, Warren, White, Zwonitzer, Dn. and Zwonitzer, Dv.
Nays: Representative(s) Gingery and Mercer
Ayes 58 Nays 2 Excused 0 Absent 0 Conflicts 0
2/15/2008 H01 Recommended Amend and Do Pass
ROLL CALL
Ayes: Representative(s) Bagby, Buchanan, Dockstader, Gingery, Olsen, Shepperson and Throne
Nays: Representative(s) Alden and Mercer
Ayes 7 Nays 2 Excused 0 Absent 0 Conflicts 0
2/15/2008 H Placed on General File
HB0097HS001/ADOPTED
Page 1-Above line 1 In the catch title delete "continuances" insert "timelines".
Page 1-line 1 Delete "authorizing continuances" insert "modifying timelines".
Page 1-lines 7 through 17 Delete entirely and insert:
"Section 1. W.S. 14‑3‑409(c), 14‑3‑426(b), 14‑6‑209(c), 14‑6‑226(b), 14‑6‑409(c) and 14‑6‑426(b) are amended to read:
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) ninety (90) days for an
adjudicatory hearing, unless the court finds good cause to delay or postpone
the hearing,.
but in no case shall the court
hold the adjudicatory hearing more than ninety (90)
one hundred twenty (120) days
after the date the petition is filed a denial is entered.
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) ninety (90)
days for an adjudicatory hearing, unless the court finds good cause to delay or
postpone the hearing,. but in no
case shall the court hold the adjudicatory hearing more than ninety (90) one
hundred twenty (120) days after the date the
petition is filed a denial is entered.
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.
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) ninety (90) days for an adjudicatory hearing or a
transfer hearing, unless the court finds good cause to delay or postpone the
hearing,.
but in no case shall the court hold the
adjudicatory hearing more than ninety (90) one hundred twenty (120) days after the date the petition is filed a
denial is entered.
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) ninety (90)
days for an adjudicatory or a transfer hearing, unless the court finds good
cause to delay or postpone the hearing,. but in no
case shall the court hold the adjudicatory hearing more than ninety (90) one
hundred twenty (120) days after the date the
petition is filed a denial is entered.
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.
14‑6‑409. 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) ninety (90)
days for an adjudicatory hearing, unless the court finds good cause to delay or
postpone the hearing,. but in no
case shall the court hold the adjudicatory hearing more than ninety (90) one
hundred twenty (120) days after the date the
petition is filed a denial is entered.
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) ninety (90)
days for an adjudicatory hearing, unless the court finds good cause to delay or
postpone the hearing,. but in no
case shall the court hold the adjudicatory hearing more than ninety (90) one
hundred twenty (120) days after the date the
petition is filed a denial is entered.
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.".
Page 2-lines 1 through 8 Delete entirely. BUCHANAN, CHAIRMAN
2/19/2008 H Passed CoW
2/20/2008 H Passed 2nd Reading
HB0097H3001/FAILED
Page 1-lines 7 through 17 Delete entirely, including the House standing committee amendment (HB0097HS001/A) to these lines and insert:
"Section 1. W.S. 14‑3‑409(c), 14‑3‑426(b), 14‑6‑209(c), 14‑6‑226(b), 14‑6‑409(c) and 14‑6‑426(b) are amended to read:
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 the child is placed out of home and the petition
is denied, the court shall set a time not to exceed sixty (60) ninety (90)
days for an adjudicatory hearing., If the child remains
in the home and the petition is denied, the court shall set a time not to
exceed ninety (90) days for an adjudicatory hearing, unless the
court finds good cause to delay or postpone the hearing,. but in no case shall the court hold the
adjudicatory hearing more than ninety (90) one hundred twenty (120) days after the date the petition is filed a
denial is entered. If a hearing is not
held within the time periods specified in this subsection through no fault of
the respondent, the petition shall be dismissed and may not be refiled.
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) ninety (90) days for an adjudicatory hearing, if the child is placed out of home. If the child remains
within the home, the court may set the adjudicatory or transfer hearing to
occur a later time not to exceed ninety (90) days, unless the court
finds good cause to delay or postpone the hearing,. but in no
case shall the court hold the adjudicatory hearing more than ninety (90) one
hundred twenty (120) days after the date the
petition is filed a denial is entered.
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. If a hearing is not held within the time periods specified in
this subsection through no fault of the respondent, the petition shall be
dismissed and may not be refiled.
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 the child
is placed out of home and the petition is denied, the court shall
set a time not to exceed sixty (60) ninety (90) days for an adjudicatory hearing or a
transfer hearing., If the child
remains in the home and the petition is denied, the court shall set a time not
to exceed ninety (90) days for an adjudicatory hearing, unless the
court finds good cause to delay or postpone the hearing,. but in no case shall the court hold the
adjudicatory hearing more than ninety (90) one hundred twenty (120) days after the date the petition is filed a
denial is entered. If a hearing is not
held within the time periods specified in this subsection through no fault of
the respondent, the petition shall be dismissed and may not be refiled.
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) ninety (90)
days for an adjudicatory or a transfer hearing, if
the child is placed out of home. If the child remains within the home, the
court may set the adjudicatory or transfer hearing to occur at a later time not
to exceed ninety (90) days, unless the court finds good cause to
delay or postpone the hearing,. but in no
case shall the court hold the adjudicatory hearing more than ninety (90) one
hundred twenty (120) days after the date the
petition is filed a denial is entered.
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. If a hearing is not held within the time periods specified in
this subsection through no fault of the respondent, the petition shall be
dismissed and may not be refiled.
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 the child is placed out of home and
the petition is denied, the court shall set a time not to exceed sixty (60) ninety (90)
days for an adjudicatory hearing. If the child remains in the home and the petition is denied,
the court shall set a time not to exceed ninety (90) days for an adjudicatory
hearing, unless the court finds good cause to delay or postpone the
hearing,.
but in no case shall the court hold the
adjudicatory hearing more than ninety (90) one hundred twenty (120) days after the date the petition is filed a
denial is entered. If a hearing is not
held within the time periods specified in this subsection through no fault of
the respondent, the petition shall be dismissed and may not be refiled.
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) ninety (90)
days for an adjudicatory hearing, if the child is
placed out of home. If the child remains
within the home, the court may set the adjudicatory or transfer hearing to
occur at a later time not to exceed ninety (90) days, unless the
court finds good cause to delay or postpone the hearing,. but in no case shall the court hold the
adjudicatory hearing more than ninety (90) one hundred twenty (120) days after the date the petition is filed a
denial is entered. 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. If a hearing is not held
within the time periods specified in this subsection through no fault of the
respondent, the petition shall be dismissed and may not be refiled.".
MERCER, CRAFT, OLSEN, SHEPPERSON
2/21/2008 H Passed 3rd Reading
ROLL CALL
Ayes: Representative(s) Anderson, R., Bagby, Berger, Blake, Brown, Buchanan, Childers, Cohee, Craft, Dockstader, Edwards, Esquibel, F., Esquibel, K., Gilmore, Gingery, Goggles, Hales, Hammons, Harshman, Harvey, Illoway, Jaggi, Jones, Jorgensen, Landon, Lockhart, Lubnau, Madden, Martin, McOmie, Meyer, Miller, Millin, Petersen, Philp, Quarberg, Samuelson, Simpson, Slater, Steward, Stubson, Teeters, Thompson, Throne, Warren, White and Zwonitzer, Dn.
Nays: Representative(s) Alden, Brechtel, Davison, Diercks, Edmonds, Hallinan, Mercer, Olsen, Semlek, Shepperson, Wallis and Zwonitzer, Dv.
Excused: Representative(s) Iekel
Ayes 47 Nays 12 Excused 1 Absent 0 Conflicts 0
2/22/2008 S Received for Introduction
2/22/2008 S Introduced and Referred to S01
2/27/2008 S01 Recommended Do Pass
ROLL CALL
Ayes: Senator(s) Burns, Decaria and Ross
Nays: Senator(s) Perkins and Sessions
Ayes 3 Nays 2 Excused 0 Absent 0 Conflicts 0
2/27/2008 S Placed on General File
2/28/2008 S Failed CoW; Indef Postponed
ROLL CALL
Ayes: Senator(s) Burns, Fecht, Johnson, Landen, Nicholas, Perkins, Peterson, Ross, Schiffer and Von Flatern
Nays: Senator(s) Anderson, J., Bebout, Case, Coe, Cooper, Decaria, Geis, Hastert, Hines, Jennings, Job, Larson, Massie, Meier, Mockler, Scott, Sessions, Townsend and Vasey
Excused: Senator(s) Aullman
Ayes 10 Nays 19 Excused 1 Absent 0 Conflicts 0