8-234

8-234. Treatment, community restitution,
restraining and protective orders

A. A parent or legal guardian of a person who is under eighteen years of age shall
exercise reasonable care, supervision, protection and control over the parent's or legal
guardian's minor child.

B. On petition of a party or on the court's own motion, the court may make an order
directing, restraining or otherwise controlling the conduct of a person if:

1. An order or disposition of a delinquent, dependent or incorrigible child has
been or is about to be made in a proceeding under this chapter.

2. The court finds that such conduct is or may be detrimental or harmful to the
child, will tend to defeat the execution of an order or disposition made or to be made or
will assist in or is necessary for the rehabilitation of the child.

3. Notice of the petition or motion and the grounds for the petition or motion and
an opportunity to be heard on the petition or motion have been given to the person
against whom the order is directed.

C. The court may invoke its contempt powers pursuant to section 8-247 to enforce
any treatment, counseling, education or other restraining or protective order that
applies to:

1. The child, the parents or guardian of the child or any other party before the
court who is the subject of an order to participate in a counseling, treatment or
education program or any other restraining or protective order.

2. The legal custodians or agencies, including agency personnel, that are ordered
to provide treatment or services to the child, the child's family or any party named in
the dispositional order.

D. The court may order a parent or guardian to pay the cost of any counseling,
treatment or education program ordered pursuant to subsection F of this section.

E. If the court after notice and hearing finds that a person has failed to exercise
reasonable care, supervision, protection and control of a minor pursuant to subsection A
of this section or if the court holds a person in contempt for violating an order issued
pursuant to this section, the court may immediately take one or more of the following
actions:

1. Impose a fine of not more than one thousand dollars, plus any applicable
surcharges and assessments.

2. Impose a term of incarceration in jail for a period of not more than thirty
days.

3. Order the parents or guardian of the child to perform community restitution with
the child.

F. If the court finds that the best interests of the child would be served by
participation in a diversion program, in lieu of taking any action pursuant to subsection
C of this section, the court may order the parent or guardian of a child to participate
in a diversion program, approved by the supreme court, that requires the parent or
guardian to perform community restitution or to attend and successfully complete a
program of counseling, treatment or education. If the terms and conditions of the
diversion order are successfully completed, the court shall dismiss its finding against
the parents. If the court finds that the terms and conditions of the diversion order
were not successfully completed it may take one or more of the actions specified in
subsection B of this section.

G. Before a hearing that may result in incarceration for a person who is alleged to
have violated a court order under this section, the court shall advise the person that
the person has the right to be represented by counsel and that the court may appoint
counsel if the court finds that the person is indigent.