Section 47.12.040. Investigation and petition.

   (a) Whenever circumstances subject a minor to the jurisdiction of this chapter, the court shall
        (1) require in conformance with this section, that, for a minor who is alleged to be a delinquent minor under AS 47.12.020, the department or an entity selected by it shall make a preliminary inquiry to determine if any action is appropriate and may take appropriate action to adjust the matter without a court hearing; the department or an entity selected by it may arrange to interview the minor, the minor's parents or guardian, and any other person having relevant information; at or before the interview, the minor and the minor's parents or guardian, if present, must be advised that any statement may be used against the minor and of the following rights of the minor: to have a parent or guardian present at the interview; to remain silent; to have retained or appointed counsel at all stages of the proceedings, including the initial interview; if a petition is filed, to have an adjudication hearing before a judge or jury with compulsory process to compel the attendance of witnesses; and the opportunity to confront and cross-examine witnesses; if, under this paragraph,
             (A) the department or an entity selected by it makes a preliminary inquiry and takes appropriate action to adjust the matter without a court hearing, the minor may not be detained or taken into custody as a condition of the adjustment and, subject to AS 47.12.060, the matter shall be closed by the department or an entity selected by it if the minor successfully completes all that is required of the minor by the department or an entity selected by it in the adjustment; in a municipality or municipalities in which a youth court has been established under AS 47.12.400, adjustment of the matter under this paragraph may include referral to the youth court; if a community dispute resolution center has been established under AS 47.12.450(a) and has obtained recognition under AS 47.12.450(b), adjustment of the matter under this paragraph may include use of the services of the community dispute resolution center;
             (B) the department or an entity selected by it concludes that the matter may not be adjusted without a court hearing, the department may file a petition under (2) of this subsection setting out the facts; or
        (2) appoint a competent person or agency to make a preliminary inquiry and report for the information of the court to determine whether the interests of the public or of the minor require that further action be taken; if, under this paragraph, the court appoints a person or agency to make a preliminary inquiry and to report to it, then upon the receipt of the report, the court may informally adjust the matter without a hearing, or it may authorize the person having knowledge of the facts of the case to file with the court a petition setting out the facts; if the court informally adjusts the matter, the minor may not be detained or taken into the custody of the court as a condition of the adjustment, and the matter shall be closed by the court upon adjustment.
   (b) The petition and all subsequent pleadings shall be styled as follows: "In the matter of . . . . . . . . . . . . . . . . . . . . . . . ., a minor under 18 years of age." The petition may be executed upon the petitioner's information and belief, and must be verified. It must include the following information:
        (1) the name, address, and occupation of the petitioner, together with the petitioner's relationship to the minor, and the petitioner's interest in the matter;
        (2) the name, age, and address of the minor;
        (3) a brief statement of the facts that bring the minor within this chapter;
        (4) the names and addresses of the minor's parents;
        (5) the name and address of the minor's guardian, or of the person having control or custody of the minor.
   (c) If the petitioner does not know a fact required in this section, the petitioner shall so state in the petition.

Authorities

47.12.025;47.12.060;47.12.065;47.12.100;47.12.110;47.12.300;47.12.450

Notes

References

AS 47.12.025 Special provisions for certain persons considered to be minors.
AS 47.12.060 Informal action to adjust matter.
AS 47.12.065 Dual sentencing provisions.
AS 47.12.100 Waiver of jurisdiction.
AS 47.12.110 Hearings.
AS 47.12.300 Court records.
AS 47.12.450 Community dispute resolution centers for matters involving minors.

History

(Sec. 46 ch 59 SLA 1996; am Sec. 17 ch 107 SLA 1998; am Sec. 1 ch 108 SLA 1998)