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A child may be taken into custody if he/she commits a crime in a police officer's presence, if the police officer believes that he/she committed a felony, (a crime punishable by death or imprisonment for more that one year) or if a judge, intake officer, or clerk (when authorized by the judge) issues a detention order requiring an arresting officer to take a child into custody. If not immediately released by an intake officer or magistrate, the child is held in custody (detention) until being brought before a judge or other court official for a detention hearing. This hearing must occur within 72 hours of the taking of the child into custody.
The detention hearing is not a trial, but merely a hearing to determine whether detention of the child should be continued. If the judge decides that a child is to be released from detention, he also decides who shall have custody and who shall be responsible for the child until trial. Also, the judge decides whether or not the child is to be restricted or be required to do certain things until the trial. He may also require a bond to be posted. The juvenile can be further held in a secure place only if he/she is charged with being a delinquent child. Detention will be continued only if the child is a threat to himself or the community, no parent or other suitable person is able and willing to supervise and take care of the child, or the child's life e or health would be place in danger if he/she is released. Prior notice of the detention hearing must be given to the child's parent or guardian, and to the child if he/she is over 12. The child has the right to be represented by a lawyer at the detention hearing, the right to remain silent concerning the accusation of delinquency, and to be informed of the petition.
While the child is in detention home or shelter placement, parents or guardians wishing to visit may do so only during permitted visiting hours, which are usually restricted. Parents or guardians should find out in advance of a visit the hours when visitation is permitted.
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