Consideraciones fundamentales sobre consolidación:

OVERVIEW

The dispositional hearing is the sentencing phase of the family court process. It is the hearing where the judge determines what is most appropriate regarding treatment and custody for a child who has been adjudicated delinquent, while addressing concerns of community safety. In making this determination, the judge will consider the seriousness of the offense, the child’s prior record, the child’s family background, school records, and any available social reports or evaluations.

The dispositional hearing may be held immediately following the adjudicatory hearing, or it may be scheduled for a later date, pending an evaluation of the child and the child’s circumstances.

PREDISPOSITION EVALUATION

There are two reasons why the judge may order a child to undergo a predisposition evaluation: (1) the judge may determine that he or she needs more information about the child and the child’s needs before sentencing the child; or (2) it may be required by law.

Before committing a child to DJJ, the court must order the child to undergo an evaluation unless one of the exceptions described below applies. There are two types of predisposition evaluations: the community evaluation, where the child remains at home or in alternative placement in the community while undergoing the evaluation; and the residential evaluation, where the child is committed to DJJ for not more than 45 days while undergoing the evaluation. § 63-19- 1440(C).

Both types of evaluation include psychological, social, and educational assessments. A child who undergoes a residential evaluation will also receive a medical examination and attend school while at the evaluation center. § 63-19- 1440(C).

Following either type of evaluation, DJJ will submit an evaluation report to the court. The evaluation report includes: information gathered from interviews with the child and the child’s parents or guardian; psychological evaluations, psychiatric evaluations and tests when deemed necessary; information gathered from the child’s teachers and school officials; an overview of the child’s school and court records; and recommendations regarding treatment and services that would benefit the child.

91

The court may waive the evaluation in writing and move straight into disposition of the case if the child:

has already undergone a community or residential evaluation and the evaluation is available to the court;

has been released from DJJ within the past year and the child’s previous evaluation or other equivalent information is available to the court; or

receives a sentence of probation or if committed to DJJ, it is for a determinate sentence of 90 days or less. § 63-19-1440(C).

DISPOSITIONAL HEARING PROCEEDINGS

Rule 37, SCRFC, requires the judge who presided over the adjudicatory hearing to preside over the disposition hearing as well, unless a change of venue is made pursuant to Rule 33(b), SCRFC, or unless “otherwise unavailable.” In practice, and especially in larger counties with several family court judges, the judge assigned to juvenile cases the day the child is scheduled for the dispositional hearing is the judge who will preside, as opposed to the judge who actually presided over the adjudicatory hearing.

The South Carolina Rules of Evidence (other than with respect to privileges) do not apply in dispositional hearings in juvenile delinquency matters. Rule 1101(d)(3), SCRE.

Though proceedings may vary county to county, the following is an overview of a typical dispositional hearing:

The hearing generally begins with the solicitor calling the case.

The judge will then ask to hear from the DJJ community specialist who will report on the child’s school records and prior court history. The DJJ representative will also highlight the evaluation report if an evaluation was conducted, which the judge will have read in full prior to the hearing, and make a recommendation on behalf of DJJ as to sentencing.

The solicitor will address the court and make a recommendation regarding sentencing.

The court will hear from the defense attorney who will speak on the child’s behalf and request a sentence for the child.

The court may also ask the child and the child’s parents questions before sentencing the child.

92

SECTION 63-19-1410.Adjudication.

(A) When a child is found by decree of the court to be subject to this chapter, the court shall in its decree make a finding of the facts upon which the court exercises its jurisdiction over the child. Following the decree, the court by order may:

(1) cause a child concerning whom a petition has been filed to be examined or treated by a physician, psychiatrist, or psychologist and for that purpose place the child in a hospital or other suitable facility;

(2) order care and treatment as it considers best, except as otherwise provided in this section and may designate a state agency as the lead agency to provide a family assessment to the court. The assessment shall include, but is not limited to, the strengths and weaknesses of the family, problems interfering with the functioning of the family and with the best interests of the child, and recommendations for a comprehensive service plan to strengthen the family and assist in resolving these issues.

The lead agency shall provide the family assessment to the court in a timely manner, and the court shall conduct a hearing to review the proposed plan and adopt a plan as part of its order that will best meet the needs and best interest of the child. In arriving at a comprehensive plan, the court shall consider:

(a) additional testing or evaluation that may be needed;

(b) economic services including, but not limited to, employment services, job training, food stamps, and aid to families with dependent children;

(c) counseling services including, but not limited to, marital counseling, parenting skills, and alcohol and drug abuse counseling; and

(d) any other programs or services appropriate to the child's and family's needs.

The lead agency is responsible for monitoring compliance with the court-ordered plan and shall report to the court as the court requires. In support of an order, the court may require the parents or other persons having custody of the child or any other person who has been found by the court to be encouraging, causing, or contributing to the acts or conditions which bring the child within the purview of this chapter to do or omit to do acts required or forbidden by law, when the judge considers the requirement necessary for the welfare of the child. In case of failure to comply with the requirement, the court may proceed against those persons for contempt of court;

(3) place the child on probation or under supervision in the child's own home or in the custody of a suitable person elsewhere, upon conditions as the court may determine. A child placed on probation by the court remains under the authority of the court only until the expiration of the specified term of the child's probation. This specified term of probation may expire before but not after the eighteenth birthday of the child. Probation means casework services during a continuance of the case. Probation must not be ordered or administered as punishment but as a measure for the protection, guidance, and well-being of the child and the child's family. Probation methods must be directed to the discovery and correction of the basic causes of maladjustment and to the development of the child's personality and character, with the aid of the social resources