Dispositional alternatives in children in need of supervision cases

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  1. In children in need of supervision cases, the disposition order may include any of the following alternatives or combination of the following alternatives, giving precedence in the following sequence:
    1. Release the child without further action;
    2. Place the child in the custody of the parent, a relative or other person subject to any conditions and limitations as the youth court may prescribe;
    3. Place the child under youth court supervision subject to any conditions and limitations the youth court may prescribe;
    4. Order terms of treatment calculated to assist the child and the child's parent, guardian or custodian which are within the ability of the parent, guardian or custodian to perform;
    5. Order terms of supervision which may include participation in a constructive program of service or education or restitution not in excess of actual damages caused by the child to be paid out of his own assets or by performance of services acceptable to the parties and reasonably capable of performance within one (1) year;
    6. Give legal custody of the child to any of the following but in no event to any state training school;
      1. The Department of Human Services for appropriate placement which may include a wilderness training program; or
      2. Any private or public organization, preferably community-based, able to assume the education, care and maintenance of the child, which has been found suitable by the court. Prior to assigning the custody of any child to any private institution or agency, the youth court through its designee shall first inspect the physical facilities to determine that they provide a reasonable standard of health and safety for the child; or
    7. Order the child to participate in a youth court work program as provided in Section 43-21-627.
  2. The court may order drug testing as provided in Section 43-21-605(6).


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