Section 12-15-60

Filing of petition and conduct of hearing as to necessity for continuationof detention or shelter care.

(a) When a child is not released from detention or shelter careas provided in Section 12-15-58, a petition shall be filed and a hearing heldwithin 72 hours, Saturdays, Sundays and holidays included, to determine whethercontinued detention or shelter care is required.

(b) Notice of the detention or shelter care or other care hearing,either oral or written, stating the time, place and purpose of the hearingand the right to counsel shall be given to the parent, guardian or custodianif they can be found and to the child if such child is over 12 years of ageor if delinquency is alleged. In every case of a dependent child, the Departmentof Human Resources shall be notified.

(c) At the commencement of the detention or shelter or other carehearing, the court shall advise the parties of the right to counsel and shallappoint counsel as required. The parties shall be informed of the child'sright to remain silent with respect to any allegation of delinquency. Theyshall also be informed of the contents of the petition and shall, except asprovided herein, be given an opportunity to admit or deny the allegationsof the petition. Prior to the acceptance of an admission of the allegationsof the petition, the court shall (1) verify if the child was previously convictedor adjudicated a youthful offender pursuant to Section 12-15-34(h) or (2)rule on any motion of the prosecutor requesting the court to transfer thechild for criminal prosecution. The juvenile court shall not accept a pleaof guilt or an admission to the allegations of the petition in any case inwhich the child will be transferred for prosecution as an adult, either by grant of the prosecutor's motion to transfer or pursuant to Section12-15-34(h).

(d) All relevant and material evidence helpful in determining theneed for detention or shelter care may be admitted by the court even thoughnot competent in a hearing on the petition.

(e) If the child is not released and no parent, guardian or othercustodian has been notified and none appeared or waived appearance at thehearing, upon the filing of an affidavit stating these facts, the court shallrehear the matter within 24 hours, Saturdays, Sundays, and holidays included.

(Acts 1975, No. 1205, p. 2384, §5-123; Acts 1990, No. 90-674,p. 1304, §8.)