Facilities - control and restraint - liability - duty to pursue runaways.

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(1) Any facility that houses or provides nonresidential services to adjudicated juveniles pursuant to this article whether publicly or privately operated for short-term or long-term commitment or detention is authorized to respond in a reasonable manner to issues of control and restraint of adjudicated juveniles when necessary. Each facility or program shall establish clearly defined policies and procedures for the short-term restraint and control of adjudicated juveniles housed within the facility or receiving services in the nonresidential program.

  1. Any facility that houses or provides nonresidential services to adjudicated juvenilespursuant to this article and any person employed by said facility or program shall not be liable for damages arising from acts committed in the good faith implementation of this section; except that the facility or program and any person employed by the facility or program may be liable for acts that are committed in a willful and wanton manner.

  2. Any facility that houses adjudicated juveniles pursuant to this article shall have aduty to notify the court and the local law enforcement agency as soon as possible after discovering that an adjudicated juvenile housed at the facility has run away.

Source: L. 96: Entire article amended with relocations, p. 1623, § 1, effective January 1, 1997.

Editor's note: The former section 19-2-404 was relocated to section 19-2-705.


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