14-6-411. Complaints alleging child in need of supervision; investigation and determination by district attorney.
(a) Complaints alleging a child is in need of supervision shall be referred to the office of the district attorney. The district attorney shall determine whether the best interest of the child requires that judicial action be taken. The department of family services and the county sheriff shall provide the district attorney with any assistance he may require in making an investigation. The district attorney shall prepare and file a petition with the court if he believes action is necessary to protect the interest of the child.
(b) In determining the action necessary to protect the interest of the public or the child with regard to a petition alleging a child in need of supervision, the prosecuting attorney shall consider the following:
(i) Alternative community programs;
(ii) Mental health counseling services available to the family;
(iii) Family preservation services offered by the department of family services;
(iv) Use of truancy statute enforcement;
(v) Municipal and circuit court remedies;
(vi) If the child has reached his sixteenth birthday, whether or not the child presents a clear and present danger to himself, his family or the community.