2005 Nevada Revised Statutes - Chapter 63 — State Facilities for Detention of Children
CHAPTER 63 - STATE FACILITIES FOR DETENTIONOF CHILDREN
GENERAL PROVISIONS
NRS 63.010 Definitions.
NRS 63.020 Commissaryfund defined.
NRS 63.030 Facilitydefined.
NRS 63.040 Giftaccount defined.
NRS 63.050 Qualifiedfinancial institution defined.
SUPERINTENDENT AND EMPLOYEES
NRS 63.100 Superintendent:Position established; duty to administer provisions governing facilities.
NRS 63.110 Superintendent:Qualifications.
NRS 63.120 Superintendent:Restrictions on other employment; designation as executive and administrativehead of facility.
NRS 63.130 Superintendent:Housing and other perquisites.
NRS 63.140 Superintendent:General duties.
NRS 63.150 Powerof superintendent to contract with university or organization for research ortraining.
NRS 63.160 Appointmentof staff of facility; contracts for athletic coaches; designation of deputies;duties of deputies.
NRS 63.170 Housingand other perquisites for employees; report to Legislature.
NRS 63.180 Assignmentof child to program of education, employment, training, treatment, care andcustody by designated staff; review of assignment; denial of request for changein assignment.
EDUCATION AND EMPLOYMENT OF CHILDREN
NRS 63.200 Dutyof superintendent to carry out provisions of title 34 of NRS governingeducation.
NRS 63.210 Establishmentof department of instruction; programs of study; enrollment of children inpublic schools.
NRS 63.220 Employmentof children; compensation.
NRS 63.230 Purposeof education and employment.
NRS 63.240 Programto educate children regarding alcohol and drug abuse.
FINANCES
NRS 63.300 Paymentof claims; issuance of checks.
NRS 63.310 Applicationfor and receipt of federal money.
NRS 63.320 Giftaccount.
NRS 63.330 Farmaccount.
NRS 63.340 Trustfund for money and valuables accepted from child; disposition of money andvaluables upon discharge.
NRS 63.350 Commissaryfor children in facility.
NRS 63.360 Commissaryfund.
COMMITMENT TO FACILITY
NRS 63.400 Acceptanceof child at facility; time of delivery; juvenile court to send summary of childshistory.
NRS 63.410 Commitmentof female child to facility outside State or to private institution in State.
NRS 63.420 Physicalexamination of child before commitment; report; payment of costs.
NRS 63.430 Parentor guardian may be ordered to pay for support of child.
NRS 63.440 Placementof delinquent child by Division of Child and Family Services; requirements forchanging placement of child.
NRS 63.450 Whenalternative to commitment or placement must be recommended to juvenile court.
NRS 63.460 Forestrycamps: Establishment; employment of children; power of superintendent tocontract with other governmental officials and agencies.
NRS 63.470 Temporaryfurlough.
NRS 63.480 Powerof juvenile court to change, modify or set aside order of commitment; notice.
NRS 63.490 Transfer.
NRS 63.500 Childto be dealt with by or in presence of attendant of same gender.
NRS 63.510 Officersand employees of facility prohibited from serving as guardian of child orestate of child; exceptions.
NRS 63.520 Medical,surgical and dental services for child.
ESCAPE FROM FACILITY
NRS 63.600 Writtenorder of superintendent constitutes warrant for arrest; execution of order.
NRS 63.610 Penaltiesfor permitting or aiding escape or concealing escaped child.
NRS 63.620 Requirednotice upon escape and apprehension of child.
RELEASE FROM FACILITY
Parole
NRS 63.700 Powerof Chief of Youth Parole Bureau to appoint employees and to contract withuniversity or organization for research or training.
NRS 63.710 Dutiesof Chief of Youth Parole Bureau.
NRS 63.720 Grantingof parole; setting date of release; supervision by Chief of Youth Parole Bureauupon release.
NRS 63.730 Placementof parolee in home and educational or work program; payment of expenses foralternative placements.
NRS 63.740 Accountfor money and valuables accepted from parolee; disposition of money andvaluables upon discharge.
NRS 63.750 Dismissalof proceedings and accusations.
NRS 63.760 Allegedviolator of parole: Written order of Chief of Youth Parole Bureau constituteswarrant for arrest; execution of order.
NRS 63.770 Suspension,modification or revocation.
NRS 63.780 Recommendationfor revocation by Chief of Youth Parole Bureau.
Discharge
NRS 63.790 Ageupon which child may or must be discharged.
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GENERAL PROVISIONS
NRS
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1. Commissary fund means a commissary fund createdpursuant to NRS 63.360.
2. The term includes a commissary fund established forthe Nevada Youth Training Center and for the Caliente Youth Center.
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1. Facility means a state facility for the detentionor commitment of children which is administered by the State of Nevada.
2. The term includes, but is not limited to, theNevada Youth Training Center and the Caliente Youth Center.
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1. Gift account means a gift account established fora facility in the Gift Fund of the Department of Health and Human Services.
2. The term includes the gift accounts established forthe Nevada Youth Training Center and for the Caliente Youth Center.
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SUPERINTENDENT AND EMPLOYEES
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1. For each facility, the position of superintendentof the facility is hereby created.
2. The superintendent of a facility shall administerthe provisions of NRS 63.010 to
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1. To be appointed as the superintendent of afacility, a person must have:
(a) Administrative experience in correctional programsfor children that embody rehabilitative or delinquency prevention concepts;
(b) At least 2 years of administrative experience in aninstitution dealing primarily with children on a 24-hour basis; and
(c) Graduated from an accredited 4-year college oruniversity or have an equivalent combination of experience and training,substituting 2 years of experience for 1 year of training.
2. The Administrator of the Division of Child andFamily Services shall request that the Department of Personnel use extensiverecruitment and merit selection techniques and procedures to provide a list ofpersons who are qualified for appointment as the superintendent of a facility.
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1. Except as otherwise provided in
2. The superintendent of a facility is the executiveand administrative head of the facility, subject to administrative supervisionby the Administrator of the Division of Child and Family Services.
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1. If a residence is available on the grounds of ornear a facility, the superintendent of the facility shall reside at theresidence, as provided for in this section.
2. In addition to his salary, the superintendent of afacility is entitled to:
(a) The use of a residence on the grounds of or nearthe facility, if such a residence is available, which must be maintained by theState of Nevada.
(b) Heat, electricity and water for the residence.
(c) The use of any appliances and furnishings for theresidence which are reasonably necessary, as determined by the Administrator ofthe Division of Child and Family Services.
(d) Meals at the facility without charge whensupervising personnel or children.
3. The superintendent of a facility shall not receiveany perquisites except those provided for in this section.
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1. Exercise general supervision of the facility.
2. Make and revise rules and regulations for thegovernment of the facility, for the preservation of order and for theenforcement of discipline.
3. Invoke any legal, equitable or special proceduresfor the enforcement of the orders of the superintendent or the provisions ofthis chapter.
4. Assume responsibility for and supervise the fiscalaffairs of the facility.
5. Record and file all bonds and contracts.
6. Purchase supplies and equipment for the facility asthe superintendent deems necessary.
7. Keep a complete and accurate record of allproceedings.
8. Assume responsibility for the custody andpreservation of all papers and documents pertaining to the office of thesuperintendent.
9. Submit certain reports and information to theAdministrator of the Division of Child and Family Services, including, but notlimited to:
(a) Quarterly reports;
(b) Biennial reports before September 1 of eacheven-numbered year covering the biennium ending June 30 of that year, regardingthe condition, operation, functioning and anticipated needs of the facility;and
(c) Material on which to base proposed legislation.
10. Keep the public informed by disseminatinginformation regarding the activities and operation of the facility andcorrectional problems involving children.
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1. Conducting research in the field of delinquency andcrime prevention.
2. Training special workers, including teachers,probation and parole officers, social workers and others who:
(a) Work part time or full time;
(b) Work as volunteers or for compensation; and
(c) Are engaged in the fields of education, recreation,mental hygiene and the treatment and prevention of delinquency.
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1. The superintendent of a facility shall appoint suchteaching, technical, clerical and operational staff as may be required for:
(a) The execution of the duties of the superintendent;
(b) The care of the children; and
(c) The maintenance and operation of the facility.
2. The superintendent of a facility may enter intocontracts with qualified employees for their services as athletic coaches inaddition to their regular duties and responsibilities.
3. The superintendent of a facility may designate oneor more employees of the facility to act as deputies. If the superintendent isabsent or unable for any reason to discharge the powers and duties of theoffice, the deputies shall discharge those powers and duties.
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1. If the superintendent of a facility determines thatit is necessary or desirable that any employee reside at the facility, theAdministrator of the Division of Child and Family Services may grantperquisites to the employee or pay for services rendered to the employee.
2. The Administrator of the Division of Child andFamily Services shall submit to the Director of the Department of Health andHuman Services, for transmission to each regular session of the Legislature, areport of any perquisites granted to an employee and any payments made forservices rendered to an employee.
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1. The superintendent of a facility shall designateone or more members of the staff of the facility to classify and assign eachchild in the facility to a program of education, employment, training,treatment, care and custody.
2. As soon as practicable after a child enters thefacility and not later than 30 days after the date on which the child entersthe facility, the designated staff members shall:
(a) Study the file of the child;
(b) Interview the child;
(c) Determine which program of education, employment,training, treatment, care and custody is appropriate for the child;
(d) Place in the file of the child a written record ofthe program assignment of the child; and
(e) Assign to each child a counselor from among themembers of the staff.
3. The designated staff members shall review theprogram assignment of each child:
(a) At least once every 3 months.
(b) If the child requests a review.
(c) If a review is deemed necessary or desirable.
4. After reviewing the program assignment of thechild, the designated staff members:
(a) May change the program assignment as is deemednecessary or desirable; and
(b) Shall place in the file of the child a writtenrecord of any changes made in the program assignment.
5. If the child requests a change in his programassignment and the request is denied, the designated staff members shall:
(a) Provide the child with the reasons for the denial;and
(b) Place in the file of the child a written statementconcerning the denial.
6. The objective of the program assignment is tochange the behavior, attitude and thinking of the child so that the child canonce again function freely in his normal environment.
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EDUCATION AND EMPLOYMENT OF CHILDREN
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1. The superintendent of a facility shall establish adepartment of instruction for the children of the facility, with programs ofstudy corresponding so far as practicable with programs of study given in theelementary and high schools of this state.
2. The superintendent of a facility may:
(a) Arrange for industrial training and the teaching ofvarious trades; and
(b) Purchase the supplies and equipment necessary forthe teaching of such programs of study.
3. If deemed practicable and with the concurrence ofthe board of trustees of the county school district, the superintendent of afacility may allow children in the facility to be enrolled for instruction inthe public schools within the county school district. If any children are soenrolled, the superintendent of the facility or the county school districtshall provide transportation for the children to the public schools.
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1. Except as otherwise provided in this section, thesuperintendent of a facility may arrange for the employment of children onranches, farms and in other private occupations during the summer vacation monthsand for other periods which the superintendent deems proper for the fullutilization of the childrens time and productive capacities.
2. A child may not be compelled to accept privateemployment against his desires.
3. For the purposes of this section, thesuperintendent of a facility and the employer must determine the amount ofcompensation the child must be paid and the working conditions of the child.
4. The superintendent of a facility may determinewhether the compensation paid to the child may be paid in whole or in part tothe child or to the superintendent for safekeeping as provided for in
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FINANCES
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1. Each claim paid from any fund in the State Treasurythat is available to a facility must be:
(a) Approved by the superintendent of the facilitybefore it is paid; and
(b) Paid as other claims against this state are paid.
2. All money on deposit in a financial institutionwhich is available to a facility must be paid out by checks signed by thesuperintendent of the facility or by a person designated for that purpose.
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1. Deposit in the State Treasury for credit to thegift account of the facility any gifts of money which the facility isauthorized to accept; and
2. Expend money from the gift account only forfacility purposes and, to the extent permitted by law, in accordance with theterms of the gift.
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1. The superintendent of a facility:
(a) May buy and sell hay, grain, produce, livestock,and other farm supplies and equipment; and
(b) Shall deposit all money obtained from the sale ofsuch items in the State Treasury for credit to the farm account of thefacility.
2. The farm account is a continuing account withoutreversion to the State General Fund.
3. The superintendent of a facility shall expend themoney in the farm account for supplies and equipment needed by the facility inaccordance with the provisions of the State Budget Act.
4. The superintendent of a facility shall keep arecord of all transactions pertaining to the farm account.
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1. The superintendent of a facility may accept moneyand other valuables of a child in the facility for safekeeping pending thedischarge of the child.
2. To carry out the purposes of this section, thesuperintendent of a facility shall establish a trust fund in a qualifiedfinancial institution.
3. If the superintendent of a facility accepts moneyor other valuables of a child for safekeeping, the superintendent shall:
(a) Deposit the money in the trust fund establishedpursuant to this section;
(b) Keep a full account of any money and valuables; and
(c) Submit reports to the Administrator of the Divisionof Child and Family Services regarding the money and valuables as theAdministrator may require.
4. When a child is discharged from the facility, thesuperintendent of the facility shall:
(a) Issue to the child a check in the amount of thebalance held in the trust fund for the child; and
(b) Return to the child any valuables held forsafekeeping.
5. If a check that is issued to a child pursuant tothis section has not been cashed within 6 months from the date on which thecheck was issued, the superintendent of the facility may transfer the amount ofthe uncashed check to the gift account. Each check issued to a child must bestamped void after 6 months from date of issue.
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1. The superintendent of a facility may establish acommissary or store in the facility for the benefit and use of the children inthe facility.
2. So far as practicable, sales of supplies andmaterials to the children in the commissary or store must be at cost.
3. The superintendent of a facility shall keep arecord of all transactions of the commissary or store.
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1. The commissary fund is hereby created, and must beused:
(a) To purchase supplies and materials for resale tothe children of a facility;
(b) To provide money for needy children of a facility;and
(c) For other incidentals as may be deemed necessary bythe superintendent of the facility.
2. The superintendent of a facility shall deposit anymoney received for the commissary fund in a qualified financial institution.
3. The superintendent of a facility may maintain asmall sum of money which is received for the commissary fund as petty cash atthe commissary or store.
4. All money drawn from the commissary fund must berepaid if possible.
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COMMITMENT TO FACILITY
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1. If the juvenile court or the Division of Child andFamily Services commits or places a child in a facility, the superintendent ofthe facility shall accept the child unless, before the child is conveyed to thefacility, the superintendent determines that:
(a) There is not adequate room or resources in the facilityto provide the necessary care of the child;
(b) There is not adequate money available for thesupport of the facility; or
(c) In the opinion of the superintendent, the child isnot suitable for admission to the facility.
2. The superintendent of the facility shall fix thetime at which the child must be delivered to the facility.
3. The juvenile court shall send to the superintendentof the facility a summary of all the facts in the possession of the juvenilecourt concerning the history of the child committed to the facility.
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1. A facility outside the State of Nevada; or
2. A private institution within the State of Nevada.
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1. Before a child is committed to a facility, thejuvenile court shall order that a physician conduct a physical examination ofthe child, which includes a blood test, test for tuberculosis, urinalysis andan examination for venereal disease.
2. Not later than 5 days after the date on which thephysical examination is conducted, the physician shall make a written report ofthe results of the physical examination to the clerk of the court.
3. Upon receipt of the written report:
(a) The clerk of the court shall immediately forward acopy of the written report to the superintendent of the facility; and
(b) The county auditor shall allow a claim for paymentto the physician for the physical examination.
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1. If the juvenile court commits a child to afacility, the juvenile court may order the parent or guardian of the child topay, in whole or in part, for the support of the child in the facility.
2. If the juvenile court orders the parent or guardianof the child to pay for the support of the child:
(a) The payments must be paid to the Administrator ofthe Division of Child and Family Services; and
(b) The Administrator shall deposit the payments withthe State Treasurer for credit to a separate account in the State General Fund.The Administrator may expend the money in the separate account to carry out thepowers and duties of the Administrator and the Division of Child and FamilyServices.
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1. Except as otherwise provided in
(a) If the child is at least 8 years of age but lessthan 12 years of age, place the child in any public or private institution oragency which is located within or outside this state and which is authorized tocare for children. The child must not be placed in a facility.
(b) If the child is at least 12 years of age but lessthan 18 years of age, place the child in a facility or in any public or privateinstitution or agency which is located within or outside this state and whichis authorized to care for children.
2. The Division of Child and Family Services maychange the placement of the child from any public or private institution oragency that is authorized to care for the child pursuant to this section toanother public or private institution or agency that is authorized to care forthe child pursuant to this section.
3. Before the Division of Child and Family Servicesmay change any placement authorized by this section, the Division shall:
(a) Notify the parent or guardian of the child; and
(b) Obtain the approval of the juvenile court.
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1. The superintendent of the facility reports thatsuch a commitment or placement is unsuitable; and
2. At the time of commitment or placement or afterentering the facility, the child appears to be:
(a) An improper child to be retained in the facility;or
(b) So incorrigible or so incapable of reformationunder the discipline of the facility as to render his detention detrimental tothe interests of the facility.
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1. A facility may establish forestry camps for thepurposes of:
(a) Securing a satisfactory classification andsegregation of children according to their capacities, interests andresponsiveness to control and responsibility;
(b) Reducing the necessity of extending existinggrounds and housing facilities; and
(c) Providing adequate opportunity for reform andencouragement of self-discipline.
2. Children committed to forestry camps may berequired:
(a) To labor on the buildings and grounds of theforestry camp.
(b) To perform fire prevention work, including, but notlimited to:
(1) Building firebreaks and fire trails;
(2) Fire suppression;
(3) Making forest roads for fire prevention orfire fighting; and
(4) Forestation and reforestation of publiclands.
(c) To perform other projects prescribed by thesuperintendent of the facility.
3. For the purposes of carrying out the provisions ofthis section, the superintendent of a facility may enter into contracts withthe Federal Government, state officials and various state agencies anddepartments.
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1. The superintendent of a facility may grant to achild a furlough from the facility to participate in a program or treatment if,after consultation with the Chief of the Youth Parole Bureau, thesuperintendent determines that the furlough is in the best interests of thechild.
2. The superintendent of a facility may grant afurlough for a period of not more than 90 days.
3. While a child is temporarily released from afacility on a furlough, the child is under the supervision of the Chief of theYouth Parole Bureau.
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1. The juvenile court may change, modify or set asidean order committing a child to a facility after conducting a hearing toconsider the effect that changing, modifying or setting aside the order willhave upon the child and the operation of the facility.
2. Not later than 10 days before conducting thehearing pursuant to this section, the juvenile court shall serve written noticeof the hearing upon the superintendent of the facility. Such notice must beserved by registered mail, postage prepaid.
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1. The superintendent of a facility may transfer achild from one facility to another facility if:
(a) The Administrator of the Division of Child andFamily Services consents to the transfer; and
(b) The transfer is in the best interests of the child.
2. If a transfer is made, the general provisionsregarding placements in a facility apply.
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ESCAPE FROM FACILITY
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1. The written order of the superintendent of afacility is a sufficient arrest warrant for any peace officer to return a childwho has escaped from the facility.
2. Each peace officer shall execute such an order inthe same manner as is provided for the execution of criminal process.
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1. Where a dangerous weapon is used by the person tofacilitate the escape or attempted escape, for a category B felony byimprisonment in the state prison for a minimum term of not less than 1 year anda maximum term of not more than 6 years, and may be further punished by a fineof not more than $5,000.
2. Where no dangerous weapon is used, for a grossmisdemeanor.
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1. Upon the escape of a child from a facility, the superintendentof the facility shall notify:
(a) The appropriate law enforcement agency of theescape; and
(b) Immediately thereafter, the public. The notice tothe public must include a description of the child.
2. The superintendent of the facility shallimmediately notify the public upon the apprehension of the child.
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RELEASE FROM FACILITY
Parole
NRS
1. The Chief of the Youth Parole Bureau may appointsuch employees as are necessary to carry out the functions of the Youth ParoleBureau.
2. The Chief of the Youth Parole Bureau may enter intocontracts with colleges, universities and other organizations for the purposesof:
(a) Conducting research in the field of delinquency andcrime prevention.
(b) Training special workers, including social workersand parole officers who:
(1) Work part time or full time;
(2) Work as volunteers or for compensation; and
(3) Are engaged in the fields of education,recreation, mental hygiene, and the treatment and prevention of delinquency.
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1. Supervise all children released on parole from afacility.
2. Supervise all children released by other states forjuvenile parole in the State of Nevada pursuant to interstate compact.
3. Furnish to each child paroled:
(a) A written statement of the conditions of theparole; and
(b) Instructions regarding those conditions.
4. Keep himself informed concerning the conduct andcondition of all children and employees under his supervision.
5. Coordinate his functions with those of thesuperintendents of each facility.
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1. After consultation with the Chief of the YouthParole Bureau, the superintendent of a facility may grant parole to a child if:
(a) The child is eligible for parole according toregulations established for that purpose; and
(b) Parole will be in the best interests of the child.
2. The superintendent of the facility and the Chief ofthe Youth Parole Bureau shall set the date of the childs release on parole notlater than 30 days after the superintendent has given the Chief a notice ofintent to parole the child.
3. Upon being released on parole, the child is underthe supervision of the Chief of the Youth Parole Bureau.
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1. Each child who is paroled from a facility must beplaced in:
(a) A reputable home; and
(b) An educational program or a work program, or both.
2. The Chief of the Youth Parole Bureau may pay theexpenses incurred in providing alternative placements for residential programsand for structured nonresidential programs from money appropriated to the YouthParole Bureau for that purpose.
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1. The Chief of the Youth Parole Bureau may acceptfrom a child who is paroled money and other valuables for safekeeping pendingthe discharge of the child from parole.
2. If the Chief of the Youth Parole Bureau acceptsfrom a child who is paroled money or other valuables for safekeeping, the Chiefshall:
(a) Deposit the money in an account in a qualifiedfinancial institution.
(b) Keep a full account of any money and valuables; and
(c) Submit reports to the Administrator of the Divisionof Child and Family Services regarding the money and valuables as theAdministrator may require.
3. When a child is discharged from parole, the Chiefof the Youth Parole Bureau shall:
(a) Issue to the child a check in the amount of thebalance held in the account for the child; and
(b) Return to the child any valuables held forsafekeeping.
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1. The child has proven his ability to make anacceptable adjustment outside the facility; or
2. In the opinion of the Chief, the child is no longeramenable to treatment as a juvenile.
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1. If there is probable cause to believe that a childhas violated his parole, the written order of the Chief of the Youth ParoleBureau is a sufficient arrest warrant for any peace officer to take the childinto custody, pending return of the child to the juvenile court.
2. Each peace officer or parole officer shall executesuch an order in the same manner as is provided for the execution of criminalprocess.
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1. A petition may be filed with the juvenile court torequest that the parole of a child be suspended, modified or revoked.
2. Pending a hearing, the juvenile court may order:
(a) The return of the child to the facility; or
(b) If approved by a local or regional facility for thedetention of children, that the child be held in the local or regionalfacility.
3. If the child is held in a local or regionalfacility for the detention of children pending a hearing, the Youth ParoleBureau must pay all actual and reasonably necessary costs for the confinementof the child in the local or regional facility.
4. If requested, the juvenile court shall allow thechild reasonable time to prepare for the hearing.
5. The juvenile court shall render a decision within10 days after the conclusion of the hearing.
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1. There is not adequate room or resources in thefacility to provide the necessary care;
2. There is not adequate money available for thesupport of the facility; or
3. The child is not suitable for admission to thefacility.
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Discharge
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1. A child may be discharged from a facility uponreaching 18 years of age.
2. A child must be discharged from a facility uponreaching 20 years of age.
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