15-11-65
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15-11-65.
(a)
Dispositional hearing
for delinquent or unruly child. If the
court finds on proof beyond a reasonable doubt that the child committed the acts
by reason of which he or she is alleged to be delinquent or unruly, it shall
proceed immediately or at a later time to conduct a dispositional hearing for
the purpose of hearing evidence as to whether the child is in need of treatment,
rehabilitation, or supervision and shall make and file its findings thereon. If
the court finds that the allegations of delinquency or unruly conduct have not
been established, it shall dismiss the petition and order the child discharged
from any detention or other restriction theretofore ordered in relation to the
allegations. If the child is to be held in custody at a detention facility
between the adjudicatory hearing and the dispositional hearing, the court shall
conduct the dispositional hearing within 30 days of the adjudicatory hearing
unless the court makes and files written findings of fact explaining the need
for the delay. In the absence of evidence to the contrary, evidence sufficient
to warrant a finding that acts have been committed which constitute a felony is
also sufficient to sustain a finding that the child is in need of treatment or
rehabilitation. If the court finds that the child is not in need of treatment,
rehabilitation, or supervision, it shall dismiss the proceeding and discharge
the child from any detention or other restriction theretofore ordered.
(b)
Evidence.
In dispositional hearings under subsection (a) of this Code section and in all
proceedings involving custody of a child, all information helpful in determining
the questions presented, including oral and written reports, may be received by
the court and relied upon to the extent of its probative value even though not
otherwise competent in the hearing on the petition. The parties or their
counsel shall be afforded an opportunity upon request to examine and controvert
written reports so received and to cross-examine individuals making the reports,
except that portions of such reports not relied on by the court in reaching its
decision which, if revealed, would be prejudicial to the interests of the child
or any party to the proceeding may be withheld in the court´s discretion.
Confidential sources of information need not be disclosed.
(c)
Continuances;
scheduling. On its own motion or that of
a party, the court may continue the hearings under this Code section for a
reasonable period to receive reports and other evidence bearing on the
disposition or the child´s need for treatment or rehabilitation. In this
event, the court shall make an appropriate order for detention of the child or
for the child´s release from detention subject to supervision of the court
during the period of the continuance. In scheduling investigations and
hearings, the court shall give priority to proceedings in which a child is in
detention or has otherwise been removed from his or her home before an order of
disposition has been made.