§ 14-1-42 - Modification of order of commitment – Release, detention, or recommitment of child.
SECTION 14-1-42
§ 14-1-42 Modification of order ofcommitment – Release, detention, or recommitment of child. – (a) An order of commitment made by the court in the case of a child shall besubject to modification or revocation from time to time.
(b) A parent, guardian, or next friend of a child or counselfor a child who has been committed or assigned by the court to the custody ofthe department of children, youth and families may at any time file with thecourt a verified petition, stating that the person or the department has deniedan application for the release of the child or has failed to act upon theapplication within a reasonable time. If the court is of the opinion that aninvestigation should be had, it may, upon due notice to all concerned, proceedto hear and determine the question at issue. If a petition is filed, it shallbe the duty of the court to determine by clear and convincing evidence thatthere has been a change of circumstances, and where the modification orrevocation of the order of commitment is in the best interest of the child andthe public, the court may:
(1) Order that the child be restored to the custody of itsparent or guardian or be detained in the custody of the person or thedepartment;
(2) Direct the person or the department to make any otherarrangements for the child's care and welfare that the circumstances of thecase may require; or
(3) A further order of commitment.
(c) In any case where a child has been certified andadjudicated pursuant to §§ 14-1-7.2 and 14-1-7.3, and sentencedpursuant to § 14-17.3(a)(2), the court shall schedule a review of thechild's case thirty (30) days prior to the child's eighteenth birthday orthirty (30) days prior to the one-year anniversary of the imposition of thesentence, whichever is greater. It shall be the responsibility of the attorneygeneral or of the law enforcement agency making the arrest to notify the victimor victims of the crime for which the juvenile was certified and adjudicated ofthe pendency of the hearing and afford them the opportunity to be heard. Thecourt shall not hear or determine any other motion for modification of theorder of certification, except as provided for in this section. At that timeand upon proof by clear and convincing evidence that demonstrates that theperson has made sufficient efforts at rehabilitation and that the modificationof the order of certification would not pose a threat to the safety of thepublic, the court may suspend, but shall not vacate, the balance of thesentence.
(d) In the event that the court, after a hearing, determinesthat it has not been demonstrated by clear and convincing evidence that theperson has made sufficient efforts at rehabilitation and that the modificationof the order of certification entered pursuant to § 14-1-7.3(a)(2) wouldpose a threat to the safety of the public, the court shall order either:
(1) That the person be remanded to the training school foryouth until further hearing to be held no later than one year thereafter inaccordance with subsection (c) of this section; or
(2) That the jurisdiction of the sentence be transferred tothe department of corrections and that the balance of the sentence be served infacilities under the control of the department.
(3) In any case where a child has been certified andadjudicated pursuant to § 14-17.3(a)(2), upon motion by the attorneygeneral and/or the department of children, youth and families, the court shallconduct a hearing to consider modification of the order of certification if thefamily court determines that the individual poses a serious threat to thesafety of the public, other residents at the training school and/or trainingschool staff. Upon that finding the court may order that the jurisdiction ofthe sentence be transferred to the department of corrections and that thebalance of the sentence be served in facilities under the control of thedepartment.