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Session Laws, 1975
Volume 716, Page 2685   View pdf image
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MARVIN MANDEL, Governor

2685

(3)     THE CHILD'S AMENABILITY TO TREATMENT IN
ANY INSTITUTION, FACILITY, OR PROGRAM AVAILABLE TO
DELINQUENTS;

(4)     THE NATURE OF THE OFFENSE AND THE
CHILD'S ALLEGED PARTICIPATION IN [[ITS]] IT; AND

(5)    THE PUBLIC SAFETY.

(E)    IF THE JURISDICTION IS WAIVED, THE COURT SHALL
ORDER THE CHILD HELD FOR TRIAL UNDER THE REGULAR
PROCEDURES OF THE COURT WHICH WOULD HAVE JURISDICTION
OVER THE OFFENSE IF COMMITTED BY AN ADULT, THE PETITION
ALLEGING DELINQUENCY SHALL BE CONSIDERED A CHARGING
DOCUMENT FOR PURPOSES OF DETAINING THE CHILD PENDING A
BAIL HEARING.

(F)    AN ORDER WAIVING JURISDICTION IS IMMEDIATELY
APPEALABLE,

(G)    IF THE COURT HAS ONCE WAIVED ITS JURISDICTION
WITH RESPECT TO A CHILD IN ACCORDANCE WITH THIS SECTION,
AND THAT CHILD IS SUBSEQUENTLY BROUGHT BEFORE THE COURT
ON ANOTHER CHARGE OF DELINQUENCY, THE COURT MAY WAIVE ITS
JURISDICTION IN THE SUBSEQUENT PROCEEDING AFTER SUMMARY
REVIEW,

3-818. STUDY AND EXAMINATION OF CHILD, ETC.

(A)    AFTER A PETITION HAS BEEN FILED, THE COURT MAY
DIRECT THE [[DEPARTMENT OF]] JUVENILE SERVICES
ADMINISTRATION OR OTHER QUALIFIED AGENCY DESIGNATED BY
THE COURT, TO MAKE A STUDY CONCERNING THE CHILD, HIS
FAMILY, HIS ENVIRONMENT, AND OTHER MATTERS RELEVANT TO
THE DISPOSITION OF THE CASE, THE REPORT OF THE STUDY IS
ADMISSIBLE AS EVIDENCE AT A WAIVER HEARING AND AT A
DISPOSITION HEARING, BUT NOT AT AN ADJUDICATORY HEARING.
HOWEVER, THE ATTORNEY FOR EACH PARTY HAS THE RIGHT TO
INSPECT THE REPORT PRIOR TO ITS PRESENTATION TO THE
COURT, TO CHALLENGE OR IMPEACH ITS FINDINGS, AND TO
PRESENT APPROPRIATE EVIDENCE WITH RESPECT TO IT.

(B)    AS PART OF THE STUDY, THE CHILD OR ANY PARENT,
GUARDIAN, OR CUSTODIAN MAY BE EXAMINED AT A SUITABLE
PLACE BY A PHYSICIAN, PSYCHIATRIST, PSYCHOLOGIST, OR
OTHER PROFESSIONALLY QUALIFIED PERSON.

3-819. ADJUDICATION.

(A) AFTER A PETITION HAS BEEN FILED, AND UNLESS
JURISDICTION HAS BEEN WAIVED, THE COURT SHALL HOLD AN
ADJUDICATORY HEARING. THE ADJUDICATORY HEARING IS SOLELY
TO DETERMINE THE MERITS OF THE ALLEGATIONS OF THE
PETITION.

 

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Session Laws, 1975
Volume 716, Page 2685   View pdf image
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