§ 14-6-209 — Taking of child into custody; informal hearing where no court order; conditional release; evidence; rehearing

(a) When a child is placed in detention or shelter care
without a court order, a petition as provided in W.S. 14-6-212
shall be promptly filed and presented to the court. An informal
detention or shelter care hearing shall be held as soon as
reasonably possible not later than forty-eight (48) hours,
excluding weekends and legal holidays, after the child is taken
into custody to determine if further detention or shelter care
is required pending further court action. The child shall be
interviewed by the department or its designee prior to the
detention or shelter care hearing, but in no event later than
twenty-four (24) hours, excluding weekends and legal holidays,
after the child is taken into custody. The department or its
designee shall submit a written report of the interview to the
court, including an assessment of the immediate needs of the
child and a recommendation for the most appropriate placement
for the child pending disposition of the violation. Written
notice stating the time, place and purpose of the hearing shall
be given to the child and to his parents, guardian or custodian.
(b) At the commencement of the hearing the judge shall
advise the child and his parents, guardian or custodian of:
(i) The contents of the petition and the nature of
the charges or allegations contained therein;
(ii) Their right to counsel as provided in W.S.
14-6-222;
(iii) The child's right to remain silent with respect
to any allegations of a delinquent act;
(iv) The right to confront and cross-examine
witnesses or to present witnesses and evidence in their own
behalf and the right to issuance of process by the court to
compel the appearance of witnesses and the production of
evidence;
(v) The right to a jury trial as provided in W.S.
14-6-223;
(vi) The right to appeal as provided in W.S.
14-6-233; and
(vii) All other rights afforded a criminal defendant.
(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.
(d) Regardless of whether the allegations in the petition
are admitted or denied, the court shall determine whether or not
the child's full-time detention or shelter care is required
pending further proceedings. If the court finds that returning
the child to the home is contrary to the welfare of the child,
the court shall enter the finding on the record and order the
child placed in the legal custody of the department. The court
shall explain the terms of the court order to the child, his
parents or legal guardian and any other person the court deems
necessary. If the court finds that full-time detention or
shelter care is not required, the court shall order the child
released and may impose one (1) or more of the following
conditions:
(i) Place the child in the custody and supervision of
his parents, guardian or custodian, under the protective
supervision of the department or a county or state probation
officer or under the supervision of any individual or
organization approved by the court that agrees to supervise the
child;
(ii) Place restrictions on the child's travel,
associates, activities or place of abode during the period of
his release, including a requirement that the child return to
the physical custody of his parents, guardian or custodian at
specified hours; or
(iii) Impose any other terms and conditions of
release deemed reasonably necessary to assure the appearance of
the child at subsequent proceedings.
(e) All relevant and material evidence helpful in
determining the need for detention or shelter care may be
admitted by the court even though not competent in an
adjudicatory hearing on the allegations of the petition.
(f) If a child is not released after a detention or
shelter care hearing and it appears by sworn statement of the
parents, guardian or custodian that they did not receive notice
and did not waive notice and appearance at the hearing, the
court shall rehear the matter without delay.