As Amended
SEC. 43-21-313. Release from custody upon change of circumstances.
(1) A child held in custody under order of the youth court shall be released upon a finding that a change of circumstances makes continued custody unnecessary.
(2) A written request for the release of the child from custody, setting forth the changed circumstances, may be filed by the child; by the child's parent, guardian or custodian; by the child's counsel; or by the child's guardian ad litem, if any.
(3) Based upon the facts stated in the request, the judge may direct that a hearing be held at a date, time and place as fixed by the youth court. Reasonable notice of the hearing shall be given to the child; his parent, guardian or custodian; his counsel; and his guardian ad litem, if any, prior to the hearing. At the hearing, upon receiving evidence, the youth court may grant or deny the request.
(4) A child held in custody in violation of Section 43-21-301 (6) shall be immediately transferred to a proper juvenile facility.
SOURCES: Laws, 1979, ch. 506, Sec. 38; 1993, ch. 439, Sec. 5, eff from and after passage (approved March 27, 1993).