Page:United States Statutes at Large Volume 84 Part 1.djvu/589

 84 STAT. ]

PUBLIC LAW 91-358-JULY 29, 1970

"(2) If a child is ordered released under paragraph (1)(B) of this subsection, the judge may impose one or more of the following conditions: " (A) Placement of the child in the custody of a parent, guardian, or custodian or under supervision of a person or organization agreeing to supervise him. " (B) Placement of restrictions on the child's travel, activities, or place of abode during the period of release. " (C) Any other condition reasonably necessary to assure the appearance of the child at a factfinding hearing or his protection from harm, including a requirement that the child return to the physical custody of the parent, guardian, or custodian after specified hours. " (e) When a judge finds that a child's detention or shelter care is required under the criteria of section 16-2310, he shall then hear evidence presented by the Corporation Counsel to determine whether there is probable cause to believe the allegations in the petition are true. The child, his parent, guardian or custodian may present evidence on the issues and be heard in their own behalf. " (f) When a judge finds there is probable cause to believe the allegations in the petition are true, he shall order the child to be placed or continued in detention or shelter care and set forth his reasons. When a judge finds that there is not probable cause to believe the allegations in the petition are true, he shall order the child to be released. " (g) The Division at a detention or shelter care hearing may not postpone the determination of whether detention or shelter care is required. For good cause shown, however, the Division may grant a continuance of any other part of the hearing (including the filing of a petition) for a period not to exceed five days. (h) On motion by or on behalf of the child, a child in custody shall be released from custody if his detention or shelter care hearing is not commenced within the time set herein. "(i) If a child is not released after his detention or shelter care hearing and the parent, guardian or custodian did not receive notice thereof, the Division may, in the interest of justice, conduct a new hearing in accordance with rules prescribed by the Superior Court. "(J) Upon objection of the child or his parent, guardian or custodian, a judge who conducted a detention or shelter care hearing shall not conduct a factfinding hearing on the petition. "§ 16-2313. Place of detention or shelter " (a) A child who is alleged to be neglected and who is in custody may be placed at any time prior to disposition, only in— "(1) a foster home; "(2) a group home, youth shelter, or other appropriate home for nondelinquent children; or "(3) another facility for shelter care designated by the Division, including an appropriate facility operated by the District of Columbia. No child alleged to be neglected may be placed in a facility described in paragraph (3) of subsection (b) of this section. " (b) A child who is alleged to be in need of supervision or (except as provided in subsection (d) or (e)) is alleged to be delinquent and who is in custody may be detained at any time prior to disposition only in— " (1) a foster home; "(2) a group home, youth shelter, or other appropriate home for allegedly delinquent children; or

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