Section 12-15-59

Authority and criteria for continuation of detention or sheltercare of children taken into custody.

(a) Unless otherwise ordered by the court pursuant to the provisionsof this chapter, a child lawfully taken into custody as an allegedly dependentor delinquent child or a child in need of supervision shall immediately bereleased, upon the ascertainment of the necessary facts, to the care, custodyand control of such child's parent, guardian, custodian or other suitableperson able and willing to provide supervision and care for such child, exceptin situations where:

(1) The child has no parent, guardian, custodian or other suitableperson able and willing to provide supervision and care for such child;

(2) The release of the child would present a clear and substantial threat of a serious nature tothe person or property of others where the child is alleged to be delinquent;

(3) The release of such child would present a serious threat ofsubstantial harm to such child; or

(4) The child has a history of failing to appear for hearings beforethe court.

(b) The criteria for continuing the child in detention or shelteror other care as set forth in subsection (a) of this section shall governthe decisions of all persons involved in determining whether the continueddetention or shelter care is warranted pending court disposition and suchcriteria shall be supported by clear and convincing evidence in support ofthe decision not to release the child.

(Acts 1975, No. 1205, p. 2384, §5-121.)