45.0302 Referral to court-Preliminary investigation.

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Whenever it appears to a law enforcement officer or other person that a child is or appears to be within the Court’s jurisdiction, as provided in paragraph (a)(2) or (a)(3) of 45.0115, the law enforcement officer or other person may refer the matter to the Court, which shall have a preliminary investigation made to determine whether the interests of the child or of the community require that further action be taken. This investigation shall be made by the juvenile probation officer, the Department of Health, or any other agency designated by the Court. On the basis of the preliminary investigation, the Court may:

(1) decide that no further action is required, either in the interests of the public or of the child;

(2) authorize a petition to be filed; or

(3) make whatever informal adjustment is practicable without a petition if:

(A) the child and his parents, guardian, or other legal custodian were informed of their constitutional and legal rights including being represented by counsel at every stage of the proceedings;

(B) the facts are admitted and establish prima facie jurisdiction, except that the admission shall not be used in evidence if a petition is filed; and

(C) written consent is obtained from the parents, guardian, or other legal custodian and also from the child, if of sufficient age and understanding.

History: 1980, PL 16-71 § 1.

Research Guide: CRS 19-3-101.