of Juvenile Affairs - Placement options - Office duties and authority - Rights of delinquent or youthful offender. A. Whenever a youthful offender is committed to the custody of the Office of Juvenile Affairs, the Office of Juvenile Affairs shall have the legal responsibility and authority to place a youthful offender: 1. In a secure facility or other institution or facility maintained by the state for delinquents or youthful offenders; 2. In a group home or community residential facility for delinquents or youthful offenders; or 3. Under community supervision. B. The court shall not prohibit the reintegration of the youthful offender into the community except upon finding that the youthful offender has not reasonably completed the rehabilitation plan objectives established as preconditions for reintegration into the community or that the public would not be adequately protected if the youthful offender is reintegrated into the community. C. Placement of the youthful offender pursuant to this section or any other provision of law shall be the responsibility of the Office of Juvenile Affairs and shall occur as soon as reasonably possible but not more than forty-five (45) days following the filing and adoption of the written rehabilitation plan as provided in Section 8 of this act. This placement time period may be extended upon the declaration of an emergency by the Board of Juvenile Affairs. For the purposes of this section, "emergency" means any situation that places the health, safety and well-being of the residents or staff in imminent peril. The court shall not have authority to order a specific placement of a youthful offender. D. The Office of Juvenile Affairs shall be responsible for the care and custody of a youthful offender who has been placed in the custody of the Office of Juvenile Affairs, and shall have the duty and the authority to provide food, clothing, shelter, ordinary medical care, education, discipline and in an emergency to authorize surgery or other extraordinary care. The medical care, surgery and extraordinary care shall be charged to the appropriate agency where the youthful offender qualifies for the care under law, rule, regulation or administrative order or decision. Nothing in this section shall abrogate the right of a youthful offender to any benefits provided through public funds nor the parent's statutory duty or responsibility to provide said necessities; further, no person, agency or institution shall be liable in a civil suit for damages for authorizing or not authorizing surgery or extraordinary care in an emergency, as determined by competent medical authority. A youthful offender placed in the custody of the Office of Juvenile Affairs who has attained eighteen (18) years of age or older may authorize and consent to the medical care sought on behalf of the youthful offender by the Office of Juvenile Affairs and to be provided to the youthful offender by a qualified health care professional. No state employee shall be liable for the costs of any medical care or behavioral health services provided to any child in the custody of the Office of Juvenile Affairs. E. A youthful offender in the custody of the Office of Juvenile Affairs shall: 1. Be entitled to the rights afforded juvenile delinquents pertaining to any due process afforded delinquents in regard to movement from a nonsecure to a secure placement; and 2. As appropriate to the age and circumstances of the youthful offender, be provided education, employment, and employment skills and vocational and technical or higher education services, apprenticeship programs and similar opportunities. F. The Office of Juvenile Affairs shall have standing to seek review, including an appellate review, of any order directing the Office of Juvenile Affairs to take any action with regard to a youthful offender placed in the custody or under the supervision of the Office of Juvenile Affairs. Added by Laws 1994, c. 290, § 28, eff. July 1, 1996. Amended by Laws 1995, c. 352, § 174, eff. July 1, 1997. Renumbered from § 1507.25 of Title 10 by Laws 1995, c. 352, § 199, eff. July 1, 1995. Amended by Laws 1997, c. 293, § 32, eff. July 1, 1997; Laws 2000, c. 177, § 11, eff. July 1, 2000; Laws 2006, c. 286, § 9, eff. July 1, 2006; Laws 2008, c. 277, § 6, emerg. eff. June 2, 2008; Laws 2009, c. 234, § 90, emerg. eff. May 21, 2009. Renumbered from § 7306-2.11 of Title 10 by Laws 2009, c. 234, § 188, emerg. eff. May 21, 2009.
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