(a) No child sentenced to the training school for youth, after being found delinquent or wayward, shall be released prior to the end of his or her sentence unless authorized by a justice of the family court, after a hearing with due notice to the parties to the petition upon which the child was sentenced. At any such hearing, the family court shall authorize the release of the child to his or her home and/or to the care and custody of the department of children, youth and families unless the court finds that the child:
(1) Poses a substantial risk of harm to self; or
(2) Poses a substantial risk of harm to others; or
(3) Has demonstrated that he or she may leave the jurisdiction of the court.
Provided, however, any child who has been certified and adjudicated pursuant to §§ 14-1-7.2 and 14-1-7.3, may not be released prior to the end of his or her sentence, except as authorized under § 14-1-42 of this chapter.
(b) A child so sentenced may be allowed as part of a rehabilitation program to be placed temporarily in a community program outside of the training school only when authorized by the family court.
History of Section.
P.L. 1990, ch. 430, § 1; P.L. 2008, ch. 9, art. 12, § 2.