41-5-522. Dispositional hearing. (1) As soon as practicable after a youth is found to be a delinquent youth or a youth in need of supervision, the court shall conduct a dispositional hearing. The dispositional hearing may involve a determination of the financial ability of the youth's parents or guardians to pay a contribution for the cost of care, commitment, and treatment of the youth as required in 41-5-523.
     (2) Before conducting the dispositional hearing, the court shall direct that a social summary or predisposition report be made in writing by a probation officer concerning the youth, the youth's family, the youth's environment, and other matters relevant to the need for care or rehabilitation or disposition of the case. The youth court may have the youth examined, and the results of the examination must be made available to the court as part of the social summary or predisposition report. The court may order the examination of a parent or guardian whose ability to care for or supervise a youth is at issue before the court. The results of the examination must be included in the social summary or predisposition report. The youth or the youth's parents, guardian, or counsel has the right to subpoena all persons who have prepared any portion of the social summary or predisposition report and has the right to cross-examine the parties at the dispositional hearing.
     (3) Defense counsel must be furnished with a copy of the social summary or predisposition report and psychological report prior to the dispositional hearing.
     (4) The dispositional hearing must be conducted in the manner set forth in subsections (3), (4), and (5) of 41-5-521. The court shall hear all evidence relevant to a proper disposition of the case best serving the interests of the youth and the public. The evidence must include but is not limited to the social summary and predisposition report provided for in subsection (2) of this section.
     (5) If the court finds that it is in the best interest of the youth, the youth or the youth's parents or guardian may be temporarily excluded from the hearing during the taking of evidence on the issues of need for treatment and rehabilitation.
     (6) In determining whether restitution, as authorized by 41-5-523, is appropriate in a particular case, the following factors may be considered in addition to any other evidence:
     (a) age of the youth;
     (b) ability of the youth to pay;
     (c) ability of the parents, legal guardian, or those that contributed to the youth's delinquency or need for supervision to pay;
     (d) amount of damage to the victim; and
     (e) legal remedies of the victim. However, the ability of the victim or the victim's insurer to stand any loss may not be considered in any case.

     History: En. 10-1221 by Sec. 21, Ch. 329, L. 1974; R.C.M. 1947, 10-1221; amd. Sec. 4, Ch. 246, L. 1979; amd. Sec. 9, Ch. 567, L. 1979; amd. Sec. 5, Ch. 484, L. 1981; amd. Sec. 31, Ch. 465, L. 1983; amd. Sec. 10, Ch. 515, L. 1987; amd. Sec. 61, Ch. 609, L. 1987; amd. Sec. 10, Ch. 696, L. 1991; amd. Sec. 8, Ch. 528, L. 1995.