Section 12-15-7

(Subject to the satisfaction of contingencies specified in Act 98–392) Appointment, terms of office, etc., of probation officers; designation of chief probation officer, etc.; duties of probation officers generally; powers of probation officers and representatives of Department of Human Resources as to taking into custody and placing in shelter or detention care of children generally; procedure upon taking into custody of child by probation officer or representative of Department of Human Resources generally.

(a) For the purpose of carrying out the objectives and purposes of this chapter and subject to the limitations of this chapter or imposed by the court, a probation officer shall perform all of the following duties:

(1) Make investigations, reports, and recommendations to the juvenile court.

(2) Receive and examine complaints and allegations of delinquency, in need of supervision, or dependency of a child for the purpose of considering the commencement of proceedings under this chapter.

(3) Refer to the Department of Human Resources for investigations, reports, and recommendations those complaints and allegations of dependency or other appropriate matters and may refer to the Department of Human Resources for investigations, reports, and recommendations those complaints on children in need of supervision.

(4) Supervise and assist a child placed on probation or in his or her protective supervision or aftercare by order of the court or other authority of law.

(5) Make appropriate referrals to other private or public agencies of the community if their assistance appears to be needed or desirable.

(6) Make predisposition studies and submit reports and recommendations to the court as required by this chapter, except as provided in subdivision (3) of this subsection.

(7) Collect and compile statistical data and file such reports as may be required by the Administrative Director of Courts pursuant to subdivision (1) of Section 12-5-10. The reports may include, but shall not be limited to, statistical data, case studies, and research materials.

(8) Collect and compile data and file reports required by the Department of Youth Services.

(9) Perform other functions as are designated by this chapter or directed by the court.

(b) For the purposes of this chapter, a probation officer or representative of the Department of Human Resources, with the approval of the court, shall have the power to take into custody and place in shelter or detention care a child who is under his or her supervision as a delinquent, in need of supervision, or dependent when the probation officer or representative of the Department of Human Resources has reasonable cause to believe that the child has violated the conditions of his or her probation, aftercare, or terms of protective supervision or that he or she may flee from the jurisdiction of the court. A probation officer does not have the powers of a law enforcement officer with respect to a person who is not on probation or otherwise under his or her supervision.

(c) If a probation officer or representative of the Department of Human Resources takes a child into custody, he or she shall proceed as provided for in Section 12-15-58.

(Acts 1975, No. 1205, p. 2384, §5-105; Acts 1984, No. 84-245, p. 387; Act 98-392, p. 782, §2.)