ENROLLED

H. B. 2873


(By Delegates Amores, Givens, Buchanan, Coleman, Johnson,


Smirl, L. White)



[Passed April 12, 1997; in effect ninety days from passage.]



AN ACT to repeal section five, article one, chapter forty-nine of the code of West Virginia, one thousand nine hundred thirty-one, as amended; to repeal section three, article five-b of said chapter; to amend and reenact sections two and four, article one of said chapter; to amend and reenact sections three, eight, nine, eleven, thirteen and sixteen, article five of said chapter; to further amend said article by adding thereto two new sections, designated sections eight-a and eleven-a; and to amend and reenact sections two, four, five, six and seven, article five-b of said chapter, all relating to decriminalizing status offenses and providing that no juvenile shall be confined in a facility for adult offenders.

Be it enacted by the Legislature of West Virginia:
That section five, article one, chapter forty-nine of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be repealed; that section three, article five-b of said chapter be repealed; that sections two and four, article one of said chapter be amended and reenacted; that sections three, eight, nine, eleven, thirteen and sixteen, article five of said chapter be amended and reenacted; that said article be further amended by adding thereto two new sections, designated sections eight-a and eleven-a; and that sections two, four, five, six and seven, article five-b of said chapter be amended and reenacted, all to read as follows:
ARTICLE 1. Purposes; Definitions.
§49-1-2. "Juvenile" or "Child" defined.

As used in this chapter, "juvenile" or "child" means any person under eighteen years of age. Once a juvenile or child is transferred to a court with criminal jurisdiction pursuant to section ten, article five of this chapter, he or she nevertheless remains a juvenile or child for the purposes of the applicability of the provisions of this chapter with the exception of sections one through seventeen of article five of this chapter, unless otherwise stated therein.
§49-1-4. Other definitions.

As used in this chapter:
(1) "Child welfare agency" means any agency or facility maintained by the state or any county or municipality thereof, or any agency or facility maintained by an individual, firm, corporation, association or organization, public or private, to receive children for care and maintenance or for placement in residential care facilities;
(2) "Community based," when referring to a facility, program, or service, means located near the juvenile's home or family and involving community participation in planning, operation, and evaluation, and which may include, but is not limited to, medical, educational, vocational, social and psychological guidance, training, special education, counseling, alcoholism and any treatment, and other rehabilitation services;
(3) "Court"" means the circuit court of the county with jurisdiction of the case or the judge thereof in vacation unless otherwise specifically provided;
(4) "Custodian" means a person who has or shares actual physical possession or care and custody of a child, regardless of whether such person has been granted custody of the child by any contract, agreement or legal proceedings;
(5) "Department" or "state department" means the state department of health and human resources;
(6) "Division of juvenile services" means the division within the department of military affairs and public safety pursuant to article five-e of this chapter;
(7) "Guardian" means a person who has care and custody of a child as a result of any contract, agreement or legal proceeding;
(8) "Juvenile delinquent" means a juvenile who has been adjudicated as one who commits an act which would be a crime under state law or a municipal ordinance if committed by an adult;
(9) "Non-secure facility" means any public or private residential facility not characterized by construction fixtures designed to physically restrict the movements and activities of individuals held in lawful custody in such facility and which provides its residents access to the surrounding community with supervision;
(10) "Referee" means a juvenile referee appointed pursuant to section one, article five-a of this chapter, except that in any county which does not have a juvenile referee the judge or judges of the circuit court may designate one or more magistrates of the county to perform the functions and duties which may be performed by a referee under this chapter;
(11) "Secretary" means the secretary of health and human resources;
(12) "Secure facility" means any public or private residential facility which includes construction fixtures designed to physically restrict the movements and activities of juveniles or other individuals held in lawful custody in such facility;
(13) "Staff-secure facility" means any public or private residential facility characterized by staff restrictions of the movements and activities of individuals held in lawful custody in such facility and which limits its residents' access to the surrounding community, but is not characterized by construction fixtures designed to physically restrict the movements and activities of residents;
(14) "Status offender" means a juvenile who has been adjudicated as one:
(A) Who habitually and continually refuses to respond to the lawful supervision by his or her parents, guardian or legal custodian such that the child's behavior substantially endangers the health, safety, or welfare of the juvenile or any other person;
(B) Who has left the care of his or her parents, guardian or custodian without the consent of such person or without good cause;
(C) Who is habitually absent from school without good cause; or
(D) Who violates any West Virginia municipal, county, or state law regarding use of alcoholic beverages by minors; (15) "Valid court order" means a court order given to a juvenile who was brought before the court and made subject to such order, and who received, before the issuance of such order, the full due process rights guaranteed to such juvenile by the constitutions of the United States and the state of West Virginia.
ARTICLE 5. JUVENILE PROCEEDINGS.
§49-5-3. Noncustodial counseling of a child.

The court at any time, or the department or other official upon a request from a parent, guardian, or custodian, may, without institution of proceedings under this article, refer a juvenile alleged to be delinquent or a status offender to a counselor at the department or a community mental health center, or other professional counselor in the community. In the event the juvenile refuses to respond to such reference the department may serve a notice by first-class mail or personal service of process upon the juvenile, setting forth the facts and stating that the department will seek a noncustodial order from the court directing the juvenile to submit to counseling. The notice shall set forth the time and place for the hearing on the matter. The court or referee after hearing may direct the juvenile to participate in a noncustodial period of counseling not to exceed six months. Upon recommendation of the department, and with the consent of the juvenile's parent, custodian, or guardian, the court or referee may also allow the participation of such parent, custodian, or guardian in said counseling. No information obtained as the result of such counseling shall be admissible in a subsequent proceeding under this article.
§49-5-8. Taking a juvenile into custody.

(a) In proceedings instituted by the filing of a juvenile petition the circuit court may enter an order directing that a juvenile be taken into custody only if one of the following conditions exist: (1) The petition shows that grounds exist for the arrest of an adult in identical circumstances; (2) the health, safety and welfare of the juvenile demand such custody; (3) the juvenile is a fugitive from a lawful custody or commitment order of a juvenile court; or (4) the juvenile is an alleged delinquent and has a record of willful failure to appear at juvenile proceedings, and custody is necessary to assure his or her presence before the court. A detention hearing pursuant to section eight-a of this article shall be held without delay by the judge, juvenile referee or magistrate authorized to conduct such hearing, and in no event shall the delay exceed the next day, and such juvenile shall be released on recognizance to his or her parent, guardian or custodian unless findings are made as specified in subsection (a) of section eight-a of this article.
(b) Absent a warrant or court order, a juvenile may be taken into custody by a law-enforcement official only if one of the following conditions exist: (1) Grounds exist for the arrest of an adult in identical circumstances; (2) emergency conditions exist which in the judgment of the officer pose imminent danger to the health, safety and welfare of the juvenile; (3) the official has reasonable grounds to believe that the juvenile has left the care of his or her parents, guardian or custodian without the consent of such person, and the health, safety and welfare of the juvenile is endangered; (4) the juvenile is a fugitive from a lawful custody or commitment order of a juvenile court; or (5) the official has reasonable grounds to believe the juvenile to have been driving a motor vehicle with any amount of alcohol in his or her blood.
(c) Upon taking a juvenile into custody, with or without a warrant or court order, the official shall:
(1) Immediately notify the juvenile's parent, guardian, custodian or, if the parent, guardian or custodian cannot be located, a close relative;
(2) Release the juvenile into the custody of his or her parent, guardian or custodian unless the circumstances warrant otherwise: Provided, That an alleged status offender shall not be detained in a secure facility in any case and in a staff-secure facility only if:
(A) Circumstances present an immediate threat of serious bodily harm to the juvenile if released;
(B) No responsible adult can be found into whose custody the juvenile can be delivered: Provided, That each day the juvenile is detained, a written record must be made of all attempts to locate such responsible adult and, after the initial detention, a lawyer shall be appointed to represent the juvenile by the end of the next calendar day;
(3) Refer the matter to the prosecuting attorney, department or probation officer for proceedings under this article; and
((4) If a juvenile is being held in custody absent a warrant or court order, cause a warrant or order, as the case may be, to be immediately issued authorizing the detention of such juvenile.
An alleged status offender detained pursuant to paragraphs (A) and (B) of subdivision (2) herein shall be placed in the custody of the department.
(d) If an alleged status offender is taken into custody pursuant to this section, the department shall be immediately notified. Such child shall be placed in the custody of the department and shall not be confined in a secure facility.
(e) In the event that a child is delivered into the custody of a sheriff or director of a detention facility, such sheriff or director shall immediately notify the court or referee. Said sheriff or director shall immediately provide to every child who is delivered into his or her custody a written statement explaining the child's right to a prompt detention hearing, his or her right to counsel including appointed counsel if he cannot afford counsel and his or her privilege against self- incrimination. In all cases when a child is delivered into custody, the child shall be released to his or her parent, guardian or custodian by the end of the next day, after being delivered into such custody, unless the child has been placed in detention pursuant to section eight-a of this article.
(f) A child in custody must immediately be taken before a referee or judge of the circuit court and in no event shall a delay exceed the next day: Provided, That if there be no judge or referee then available in the county, then such child shall be taken immediately before any magistrate in the county for the sole purpose of holding a detention hearing.
§49-5-8a. Detention hearing; counsel.
(a) The judge, referee or magistrate shall inform the juvenile of his or her right to remain silent, that any statement may be used against him or her and of his or her right to counsel, and no interrogation shall be made without the presence of a parent or counsel. If the juvenile or his or her parent, guardian or custodian has not retained counsel, counsel shall be appointed as soon as practicable. The referee, judge or magistrate shall hear testimony concerning the circumstances for taking the juvenile into custody and the possible need for detention in accordance with section two, article five-a of this chapter. The sole mandatory issue at the detention hearing shall be whether the juvenile shall be detained pending further court proceedings. The court shall, if advisable, and if the health, safety and welfare of the juvenile will not be endangered thereby, release the juvenile on recognizance to his or her parents, custodians or an appropriate agency; however, if warranted, the court may require bail, except that bail may be denied in any case where bail could be denied if the accused were an adult.
(b) The judge of the circuit court or referee may, in conjunction with the detention hearing, conduct a preliminary hearing pursuant to section nine, article five of this chapter: Provided, That all parties are prepared to proceed and the juvenile has counsel during such hearing.
§49-5-9. Preliminary hearing; counsel; improvement period.

(a) Following the filing of a juvenile petition, unless a preliminary hearing has previously been held in conjunction with a detention hearing with respect to the same charge contained in the petition, the circuit court or referee shall hold a preliminary hearing. In the event that the juvenile is in custody, such hearing shall be held within ten days of the time the juvenile is taken into custody unless good cause be shown for a continuance. If no preliminary hearing is held within ten days of the time the juvenile is taken into custody, the juvenile shall be released on recognizance unless the hearing has been continued for good cause. If the judge is in another county in the circuit, the hearing may be conducted in such other county. The preliminary hearing may be waived by the juvenile, upon advice of his counsel. At the hearing, the court or referee shall:
(1) If the juvenile is not represented by counsel, inform the juvenile and his parents, guardian or custodian or any other person standing in loco parentis to him of the juvenile's right to be represented at all stages of proceedings under this article and the right to have counsel appointed.
(2) Appoint counsel by order entered of record, if counsel has not already been retained, appointed or knowingly waived.
(3) Determine after hearing if there is probable cause to believe that the juvenile is a status offender or a juvenile delinquent. If probable cause is not found, the juvenile, if in detention, shall be released and the proceedings dismissed. If probable cause is found, the case shall proceed to adjudication. At the hearing or as soon thereafter as is practicable, the date for the adjudicatory hearing shall be set to give the juvenile, the juvenile's parents and attorney at least ten days' notice, unless notice is waived by all parties.
(4) In lieu of placing the childjuvenile in a detention facility when bond is not provided, the court may place the juvenile in the temporary custody of the department pursuant to section sixteen, article two of this chapter or may place the juvenile, if the juvenile is an alleged delinquent, in the custody of a probation officer.
If the juvenile is detained in custody, the detention shall not continue longer than thirty days without commencement of the adjudicatory hearing unless good cause for a continuance be shown by either party or, if a jury trial be demanded, no longer than the next regular term of said court.
(5) Inform the juvenile of the right to demand a jury trial.
(b) The juvenile may move to be allowed an improvement period for a period not to exceed one year. If the court is satisfied that the best interest of the juvenile is likely to be served by an improvement period, the court may delay the adjudicatory hearing and allow a noncustodial improvement period upon terms calculated to serve the rehabilitative needs of the juvenile. At the conclusion of the improvement period, the court shall dismiss the proceeding if the terms have been fulfilled; otherwise, the court shall proceed to the adjudicatory stage. A motion for an improvement period shall not be construed as an admission or be used as evidence.
§49-5-11. Adjudication.

At the outset of an adjudicatory hearing, the court shall inquire of the juvenile whether he wishes to admit or deny the allegations in the petition. The juvenile may elect to stand mute, in which event the court shall enter a general denial of all allegations in the petition.
(a) If the respondent juvenile admits the allegations of the petition, the court shall consider the admission to be proof of the allegations if the court finds (1) the respondent fully understands all his rights under this article, (2) the respondent voluntarily, intelligently and knowingly admits all facts requisite for an adjudication and (3) the respondent in his admission has not set forth facts which constitute a defense to the allegations.
(b) If the respondent juvenile denies the allegations, the court shall dispose of all pretrial motions and the court or jury shall proceed to hear evidence.
(c) If the allegations in a petition alleging that the juvenile is delinquent are admitted or are sustained by proof beyond a reasonable doubt, the court shall schedule the matter for disposition pursuant to section thirteen of this article.
(d) If the allegations in a petition alleging that the juvenile is a status offender are admitted or sustained by clear and convincing proof, the court shall refer the juvenile to the department of health and human resources for services, pursuant to section eleven-a of this article.
(e) If the allegations in a petition are not sustained by proof as provided in subsections (c) and (d) of this section, the petition shall be dismissed and the juvenile shall be discharged if he or she is in custody.
(f) Findings of fact and conclusions of law addressed to all allegations in the petition shall be stated on the record or reduced to writing and filed with the record or incorporated into the order of the court.
§49-5-11a. Status Offenders: Intervention and services by state department; enforcement; detention; out-of-home placement; state department custody; least restrictive alternative.
(a) Services for status offenders provided by the department shall be consistent with the provisions of article five-b of this chapter and shall be designed to develop skills and supports within families and to resolve problems related to the juveniles or conflicts within their families. Services may include, but are not limited to, referral of juveniles and parents, guardians, or custodians and other family members to services for psychiatric or other medical care, or psychological, welfare, legal, educational, or other social services, as appropriate to the needs of the juveniles and the family.
(b) If necessary, the department may petition the circuit court:
(1) For a valid court order, as defined in section four, article one of this chapter, to enforce compliance with a service plan or to restrain actions that interfere with or defeat a service plan; or
(2) For a valid court order to place a juvenile out-of-home in a nonsecure or staff-secure setting, and/or to place a juvenile in custody of the department.
(c) The court shall not be limited to the relief sought in the department's petition and shall make every effort to place juveniles in community based facilities which are the least restrictive alternatives appropriate to the needs of the juvenile and the community.
§49-5-13. Disposition of juvenile delinquents; appeal.
(a) In aid of disposition of juvenile delinquents, the juvenile probation officer assigned to the court shall, upon request of the court, make an investigation of the environment of the juvenile and the alternative dispositions possible. The court, upon its own motion, or upon request of counsel, may order a psychological examination of the juvenile. The report of such examination and other investigative and social reports shall not be made available to the court until after the adjudicatory hearing. Unless waived, copies of the report shall be provided to counsel for the petitioner and counsel for the juvenile no later than seventy-two hours prior to the dispositional hearing.
(b) Following the adjudication, the court shall conduct the dispositional proceeding, giving all parties an opportunity to be heard. In disposition the court shall not be limited to the relief sought in the petition and shall, in electing from the following alternatives, consider the best interests of the juvenile and the welfare of the public:
(1) Dismiss the petition;
(2) Refer the juvenile and the juvenile's parent or custodian to a community agency for needed assistance and dismiss the petition;
(3) Upon a finding that the juvenile is in need of extra-parental supervision: (A) Place the juvenile under the supervision of a probation officer of the court or of the court of the county where the juvenile has his or her usual place of abode or other person while leaving the juvenile in custody of his or her parent or custodian; and (B) prescribe a program of treatment or therapy or limit the juvenile's activities under terms which are reasonable and within the child's ability to perform, including participation in the litter control program established pursuant to section twenty-five, article seven, chapter twenty of this code, or other appropriate programs of community service;
(4) Upon a finding that a parent or custodian is not willing or able to take custody of the juvenile, that a juvenile is not willing to reside in the custody of his parent or custodian, or that a parent or custodian cannot provide the necessary supervision and care of the juvenile, the court may place the juvenile in temporary foster care or temporarily commit the juvenile to the department, the division of juvenile services or a child welfare agency. The court order shall state that continuation in the home is contrary to the best interest of the juvenile and why; and whether or not the department made a reasonable effort to prevent the placement or that the emergency situation made such efforts unreasonable or impossible. Whenever the court transfers custody of a youth to the division of human services, an appropriate order of financial support by the parents or guardians shall be entered in accordance with section five, article seven of this chapter and guidelines promulgated by the supreme court of appeals;
(5) Upon a finding that the best interests of the juvenile or the welfare of the public require it, and upon an adjudication of delinquency pursuant to subdivision (1), section four, article one of this chapter, the court may commit the juvenile to an industrial home, correctional institution for juveniles, or other appropriate facility for the treatment, instruction and rehabilitation of juveniles: Provided, That the court maintains discretion to consider alternative sentencing arrangements. Commitments shall not exceed the maximum term for which an adult could have been sentenced for the same offense. The order shall state that continuation in the home is contrary to the best interests of the juvenile and why; and whether or not the state department made a reasonable effort to prevent the placement or that the emergency situation made such efforts unreasonable or impossible;
or
(6) After a hearing conducted under the procedures set out in subsections (c) and (d), section four, article five, chapter twenty-seven of this code, commit the juvenile to a mental health facility in accordance with the juvenile's treatment plan; the director may release a juvenile and return him to the court for further disposition. The order shall state that continuation in the home is contrary to the best interests of the juvenile and why; and whether or not the state department made a reasonable effort to prevent the placement or that the emergency situation made such efforts unreasonable or impossible.
(c) The disposition of the juvenile shall not be affected by the fact that the juvenile demanded a trial by jury or made a plea of denial. Any dispositional order is subject to appeal to the supreme court of appeals.
(d) Following disposition, it shall be inquired of the respondent whether or not appeal is desired and the response transcribed; a negative response shall not be construed as a waiver. The evidence shall be transcribed as soon as practicable and made available to the juvenile or his or her counsel, if the same is requested for purposes of further proceedings. A judge may grant a stay of execution pending further proceedings.
(e) Notwithstanding any other provision of this code to the contrary, if a juvenile charged with delinquency under this chapter is transferred to adult jurisdiction and there tried and convicted, the court may make its disposition in accordance with this section in lieu of sentencing such person as an adult.
§49-5-16.
Prohibition on committing juveniles to adult facilities.

(a) No juvenile, including one who has been transferred to criminal jurisdiction of the court, shall be detained or confined in any institution in which he or she has contact with or comes within sight or sound of any adult persons incarcerated because they have been convicted of a crime or are awaiting trial on criminal charges or with the security staff (including management) or direct-care staff of a jail or locked facility for adults.
(b) No child who has been convicted of an offense under the adult jurisdiction of the circuit court shall be held in custody in a penitentiary of this state: Provided, That such child may be transferred from a secure juvenile facility to a penitentiary after he shall attain the age of eighteen years if, in the judgment of the court which committed such child, such transfer is appropriate: Provided, however, That any other provision of this code to the contrary notwithstanding, prior to such transfer the child shall be returned to the sentencing court for the purpose of reconsideration and modification of the imposed sentence, which shall be based upon a review of all records and relevant information relating to the child's rehabilitation since his conviction under the adult jurisdiction of the court.
ARTICLE 5B. WEST VIRGINIA JUVENILE OFFENDER REHABILITATION ACT.
§49-5B-2. Purpose and intent.

It is the purpose and intent of the Legislature to provide for the creation of all reasonable means and methods that can be established by a humane and enlightened state, solicitous of the welfare of its children, for the prevention of delinquency and for the care and rehabilitation of juvenile delinquents and status offenders. It is further the intent of the Legislature that this state, through the department of health and human resources, establish, maintain, and continuously refine and develop, a balanced and comprehensive state program for juveniles who are potentially delinquent or are status offenders or juvenile delinquents in the care or custody of the department.
§49-5B-4. Responsibilities of the department of health and human resources.

(a) The department of health and human resources and the division of juvenile services of the department of military affairs and public safety are empowered to establish, and shall establish, subject to the limits of funds available or otherwise appropriated therefor, programs and services designed to prevent juvenile delinquency, to divert juveniles from the juvenile justice system, to provide community-based alternatives to juvenile detention and correctional facilities and to encourage a diversity of alternatives within the juvenile justice system. The development, maintenance and expansion of programs and services may include, but not be limited to, the following:
(1) Community-based programs and services for the prevention and treatment of juvenile delinquency through the development of foster-care and shelter-care homes, group homes, halfway houses, homemaker and home health services, twenty-four hour intake screening, volunteer and crisis home programs, day treatment and any other designated community-based diagnostic, treatment or rehabilitative service;
(2) Community-based programs and services to work with parents and other family members to maintain and strengthen the family unit so that the juvenile may be retained in his home;
(3) Youth service bureaus and other community-based programs to divert youth from the juvenile court or to support, counsel, or provide work and recreational opportunities for status offenders, juvenile delinquents and other youth to help prevent delinquency;
(4) Projects designed to develop and implement programs stressing advocacy activities aimed at improving services for and protecting rights of youth impacted by the juvenile justice system;
(5) Educational programs or supportive services designed to keep delinquents, and to encourage status offenders, juvenile delinquents, and other youth to remain in elementary and secondary schools or in alternative learning situations;
(6) Expanded use of professional and paraprofessional personnel and volunteers to work effectively with youth;
(7) Youth initiated programs and outreach programs designed to assist youth who otherwise would not be reached by traditional youth assistance programs;
(8) A statewide program designed to reduce the number of commitments of juveniles to any form of juvenile facility as a percentage of the state juvenile population, to increase the use of nonsecure community-based facilities as a percentage of total commitments to juvenile facilities and to discourage the use of secure incarceration and detention.
(b) The department of health and human resources shall establish, within the funds available, an individualized program of rehabilitation for each status offender referred to the department and to each accused alleged juvenile offender delinquent referred to the department after being allowed an improvement period by the juvenile court, and for each adjudicated juvenile offender delinquent who, after adjudication, is referred to the department for investigation or treatment or whose custody is vested in the department. Such individualized program of rehabilitation shall take into account the programs and services to be provided by other public or private agencies or personnel which are available in the community to deal with the circumstances of the particular child juvenile. For accused alleged juvenile delinquents and status offenders, such individualized program of rehabilitation shall be furnished to the juvenile court and shall be available to counsel for the child juvenile; it may be modified from time to time at the direction of the department or by order of the juvenile court. The department may develop an individualized program of rehabilitation for any child juvenile referred for noncustodial counseling under section five, article three of this chapter, for any child juvenile receiving counsel and advice under section three-a, article five of this chapter, or for any other child juvenile upon the request of a public or private agency.
(c) The department of health and human resources and the division of juvenile services of the department of military affairs and public safety are is authorized to enter into cooperative arrangements and agreements with private agencies or with agencies of the state and its political subdivisions to effectuate the purpose of this article.
§49-5B-5. Rehabilitative facilities for status offenders.

(a) The department of welfare health and human resources shall, within the limits of state and federal funds appropriated therefor, establish and maintain one or more rehabilitative facilities to be used exclusively for the lawful custody of status offenders. Each such facility shall be primarily a nonsecure facility having as its primary purpose the rehabilitation of adjudicated juvenile offenders who are status offenders. Such facility shall not have a bed capacity for not more than twenty children juveniles, and shall minimize the institutional atmosphere and prepare the child juvenile for reintegration into the community. Provided, That such facility may function as a temporary residential facility for accused juvenile offenders when the juvenile is a status offender and no final adjudication has been made by the juvenile court. Provided, however, That a portion of such facility may be designed and operated as a secure facility used exclusively for status offenders whom the juvenile court has specifically found to be so unmanageable, ungovernable and antisocial that no other reasonable alternative exists, or could exist, for treatment or restraint other than placement in a secure facility. Temporary residents of the facility shall only be placed in the secure portion of the facility by order of the juvenile court upon a specific finding by the court that the child is likely to injure himself or others or to run away if placed in a less restrictive environment: Provided, That unless the court order committing the child specifically orders that the child not be removed from the secure portion of the facility, the person having control of the facility shall have the authority to permit any temporary resident to remain in the nonsecure portions of the facility if such temporary resident demonstrates a willingness to remain at the facility voluntarily and to conform his or her conduct to the lawful requirements established for residents of the nonsecure portions of the facility.
(b) Within the funds available, rehabilitative programs and services shall be provided by or through each such facility and may include, but not be limited to, medical, educational, vocational, social and psychological guidance, training, counseling, alcoholism treatment, drug treatment and other rehabilitative services. The department of welfare health and human resources shall provide to each child adjudicated delinquent and status offender committed to the facility a program of treatment and services consistent with the individualized program of rehabilitation developed for such child juvenile. In the case of any other child juvenile residing at the facility, the department shall provide such programs and services as may be proper in the circumstances including, but not limited to, any such programs or services directed to be provided by the court.
(c) The board of education of the county in which the facility is located shall provide instruction for children juveniles residing at the facility. Residents who can be permitted to do so shall attend local schools, and instruction shall otherwise take place at the facility.
(d) Facilities established pursuant to this section shall be structured so as to be or become community-based facilities.
§49-5B-6. Enforcement of legal custody.
The department of welfare health and human resources shall have authority to require any child juvenile committed to its legal custody to remain at and to return to the residence to which the child juvenile is assigned by the department or by the juvenile court. In aid of such authority, and upon request of a designated employee of the department, any police officer, sheriff, deputy sheriff, member or officer of the department of public safety or juvenile court probation officer is authorized to take any such child juvenile into custody and return such child juvenile to his or her place of residence or into the custody of a designated employee of the department of welfare.
§49-5B-7. Reporting requirements; cataloguing of services.

(a) The department of health and human resources shall from time to time, but not less often than annually, review its programs and services and submit a report to the governor, the Legislature and the supreme court of appeals, analyzing and evaluating the effectiveness of the programs and services being carried out by the department. Such report shall include, but not be limited to, an analysis and evaluation of programs and services continued, established and discontinued during the period covered by the report, and shall further describe programs and services which should be implemented to further the purposes of this article. Such report shall also include, but not be limited to, relevant information concerning the number of children juveniles comprising the population of any rehabilitative facility during the period covered by the report, the length of residence, the nature of the problems of each child juvenile, the child's juvenile's response to programs and services and such other information as will enable a user of the report to ascertain the effectiveness of the facility as a rehabilitative facility.
(b) The department of health and human resources shall prepare a descriptive catalogue of its juvenile programs and services available in local communities throughout this state and shall distribute copies of the same to every juvenile court in the state and, at the direction of the juvenile court, such catalogue shall be distributed to attorneys practicing before such court. Such catalogue shall also be made available to members of the general public upon request. The catalogue shall contain sufficient information as to particular programs and services so as to enable a user of the catalogue to make inquiries and referrals. The catalogue shall be constructed so as to meaningfully identify and describe programs and services. The requirements of this section are not satisfied by a simple listing of specific agencies or the individuals in charge of programs at a given time. The catalogue shall be updated and republished or supplemented from time to time as may be required to maintain its usefulness as a resource manual.