Once the juvenile division judge decides not to open a hearing, what happens to the temporary measures, and when must that decision be cancelled?
General information · Not legal advice
Material to check
In a practice file we read the transfer paper and the investigator's report that the decision rests on, the order imposing the temporary measure and any paper showing when it ended, and any record showing that the whereabouts of the juvenile were found.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading takes the consequences as written: once the judge makes the decision not to open a hearing, the temporary measures under the provision are 'deemed cancelled' without any separate order, so the file need show only that such a decision was made and that a temporary measure had been imposed.
Another reading turns on the later paragraph: a decision not to open a hearing given because the juvenile's 'whereabouts are not clear' stands until the juvenile's whereabouts are found, at which point the judge 'shall cancel' it, while the provision says nothing about whether a temporary measure may be imposed again in the interval.
Your judgment
Once the decision is cancelled and the hearing opens, what in the file would show whether a temporary measure may be imposed again at that stage?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We look at this again if the provision is amended to change the effect of the decision on temporary measures, or if a court decision sets when a juvenile's whereabouts count as found.