Bill No.: SF0064                  Drafter:  JHR

LSO No.:  08LSO-0119              Effective Date:  7/1/2008

Enrolled Act No.:  SEA0009

Chapter No.:       18

Prime Sponsor:     Joint Judiciary Interim Committee

Catch Title:       Valid court orders.

Subject:  Clarifies conditions that may apply to a child who is returned to court for violations of a court order as specified.

Summary/Major Elements:

· Wyoming has not adopted all provisions of the federal Juvenile Justice and Delinquency Prevention Act (JJDPA).  One requirement of the JJDPA not completely adopted in Wyoming law is that certain procedures must be followed, including procedures for a "valid court order," before a juvenile may be detained for violation of such order. Most of the valid court order procedures are already present in Wyoming law. This bill further amends Wyoming law to incorporate other procedures necessary for a valid court order by:

o Requiring the court, in child protection, juvenile delinquency and child in need of supervision (CHINS) actions, to explain the terms of a court order to the child, his parents, guardian or other necessary persons;

o Requiring an interview of the child by the Department of Family Services or its designee within 24 hours, along with a report to the court containing an assessment of the immediate needs of the child and recommendations for placement pending disposition of the violation;

o Amending definitions to include status offenders within provisions providing due process to juveniles;

o Clarifying the prohibition against placing a child in need of supervision in a jail facility.

Comments:

· Popular name - Valid Court Order Bill