CHAPTER 27-3
JUVENILE DIVISION PROCEDURES

27-3-1 Rules of Juvenile Procedure.

The rules of juvenile procedure set forth herein shall apply in all proceedings under this Title. To the extent that any procedure is not specifically set forth herein, the general rules of civil procedure shall apply.

27-3-2 Court Authority.

The Court shall have the authority by written Court rule to set forth rules of civil procedure, which shall provide for any procedure or form necessary for the efficient, orderly and just resolution of cases under this Chapter and which shall be filed with the Court Clerk.

27-3-3 Confidentiality of Proceedings.

(A)    The general public shall be excluded from all juvenile offender proceedings, and only the following persons shall be admitted into such proceedings:

(1)    Parties;

(2)    Attorneys for the parties;

(3)    Witnesses;

(4)    The special advocate for the juvenile;

(5)    Victims who are the subject of the proceeding; and

(6)    Any other person requested or approved by the Court.

(B)    Any victim who is admitted into a juvenile offender proceeding pursuant to subsection (A) of this Section and who was less than (18) years of age at the time of the alleged offense may be accompanied by a parent or custodian.

27-3-4 Court Records.

(A)    The official file of any proceeding pursuant to this Title shall consist of the complaint, process, service of process, orders, writs, journal entries and all other reports, documents and investigations of record.

(B)    An official file pursuant to this Section shall be kept separate from other Court records and shall not be open for public inspection except where as provided in (C) of this section.

(C)    Court records shall be disclosed only to the following:

(1)    A judge of the juvenile division and designees of such judge;

(2)    Parties to the proceedings and their attorneys, including victims;

(3)    An agency to which legal custody of the juvenile has been transferred;

(4)    A law enforcement officer or the designee of such officer when necessary for the discharge of official duties; and

(5)    Any other person authorized by a court order.

27-3-5 Court Records Sealed.

The Court records of a person who is no longer subject to the jurisdiction of the juvenile division and who is at least eighteen (18) years of age shall be sealed. The proceedings in the case shall be deemed never to have occurred and the Court, upon inquiry, may properly state that no record exists with respect to the juvenile. The custodian of the juvenile’s Court records shall not disclose the existence of such records, except upon request by the person whose juvenile record was sealed.

27-3-6 Special Advocate.

(A)    In addition to the attorney appointed pursuant to Section 27-3-8(B), the Court in its discretion may, at any stage of a proceeding pursuant to this Title, appoint a special advocate to the juvenile for the purpose of advocating the best interests of the juvenile.

(B)    The special advocate shall take an oath before the Court.

(C)    The special advocate shall be presumed to be acting in good faith and in so doing shall be immune from any civil liability that otherwise might be incurred or imposed.

(D)    Upon request of the Court at an arraignment, adjudication or disposition proceeding or any other proceeding provided under this Title, the special advocate shall provide a recommendation as to what is in the best interests of the juvenile.

27-3-7 Right to an Attorney.

(A)    A juvenile who is charged pursuant to this Title has the right to an attorney at every stage of the proceedings.

(B)    The Court shall appoint an attorney to represent the juvenile at the filing of the petition if the juvenile is not represented by an attorney.

(C)    The expense of the appointed attorney shall be assessed in whole or in part to the juvenile or to a parent or residential custodian of the juvenile.