536
PUBLIC LAW 91-358-JULY 29, 1970
[84 STAT.
"(2) Transfer of legal custody to a public agency for the care of delinquent children. "(3) Probation under such conditions and limitations as the Division may prescribe. " (d) No child found in need of supervision, unless also found delinquent, shall be committed to or placed in an institution or facility for delinquent children; except that if such child has previously been found in need of supervision and the Division, after hearing, so finds, the Division may specify that such child be committed to or placed in an institution or facility for delinquent children. " (e) No child who is found to be delinquent, in need of supervision, or neglected shall be committed to a penal or correctional institution for adult offenders. "§ 16-2321. Disposition of mentally ill or substantially retarded child " (a) If no previous examination has been made under section 162315 and the Division, after a factfinding but before a dispositional hearing, has reason to b?lieve that a child is mentally ill or substantially retarded, it may order an examination as provided in section 16-2315. " (b) If as a result of the examination the child is found to be mentally ill or substantially retarded, the Division may, in lieu of other disposition, direct the appropriate authority to initiate commitment 79 Stat. 750, proceedings under chapter 5 or 11 of title 21. The Division may order D!c.°cod^*2i- ' ibe child detained m suitable facilities pending commitment 501, 21-1101. proceedings. "(c) If the examination does not indicate that commitment proceedings should be initiated or if the proceedings do not result in commitment, the Division shall proceed to disposition pursuant to this subchapter.
- '§ 16-2322. Limitation of time on dispositional orders
" (a)(1) A dispositional order vesting legal custody of a child in a department, agency, or institution shall remain in force for an indeterminate period not exceeding two years. Unless the order specifies that release is permitted only by order of the Division, the department, agency, or institution may release the child at any time that it appears the purpose of the disposition order has been achieved. "(2) An order vesting le^al custody of a child in an individual other than his parent shall remain in force for two years unless sooner terminated by order of the Division. "(3) An order of probation or a protective supervision order shall remain in force for a period not exceeding one year from the date entered, but the Director of Social Services or the agency providing supervision may terminate supervision at any time that it appears the purpose of the order has been achieved. "(b) A dispositional order vesting legal custody of a child in an agency or institution may be extended for additional periods of one year, upon motion of the department, agency, or institution to which the child was committed, if, after notice and hearing, the Division finds that— "(1) in the case of a neglected child, the extension is necessary to safeguard his welfare; or "(2) in the case of a child adjudicated delinquent or in need of supervision, the extension is necessary for his rehabilitation or the protection of the public interest.
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