A juvenile 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 imprisonment for more than one year, or punishable by death), or if a judge, intake officer, or clerk (when authorized by the judge) issues a detention order requiring an arresting officer to take a juvenile into custody. If not immediately released by an intake officer or magistrate, the juvenile is held in custody (detention) until being brought before a judge or Court official for a detention hearing. This hearing usually must occur within 72 hours of the taking of the juvenile into custody.
The detention hearing is not a trial, but merely a hearing to determine whether detention of the juvenile should be continued. If the judge decides that a juvenile is to be released from detention, it must also be decided who shall have custody and be responsible for the juvenile until trial. Also, the judge decides whether or not the juvenile is to be restricted or required to do certain things until the trial. A bail bond may also be required. 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 juvenile 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 juvenile, or the juvenile's life or health would be placed in danger if he/she were released. Prior notice of the detention hearing must be given to the juvenile's parent or guardian and to the juvenile if he/she is 12 years of age or older. The juvenile 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 contents of the petition.
While the juvenile is in a detention home or shelter placement, parents or guardians wishing to visit may do so only during permitted visiting hours. Parents or guardians should make prior arrangements for a visit during the hours when visitation is permitted.