Rule 5.1. Child detention

(a) Detention hearing.

(1) Time limits. If a child has been detained by another court pursuant to Rule 5(b)(2)(c), a

detention hearing shall be held by this Court on the next day it is in session.

(2) Explanation of rights. Upon a child being brought directly before this Court by a peace

officer or detention facility officer for a hearing, prior to the commencement of the

detention hearing, this Court shall advise the child and custodian of the following:

(a) the nature and purpose of the pending proceeding and the possible consequences

thereof;

(b) the right to counsel, the right to request representation by the Public Defender or

appointment of counsel if the child and custodian are indigent, the right of a child

who wishes counsel to request appointment of counsel at the expense of the custodian

if the custodian is not indigent and has refused to obtain counsel for the child; and

(c) if the child is not represented by counsel, the child’s Constitutional rights.

(b) Conduct of detention hearing. At the detention hearing, the Court shall consider all available

information with respect to the possible release of the child from custody, including:

(1) the child’s prior delinquency record, if any;

(2) the present home situation;

(3) the availability of adequate adult supervision pending a trial;

(4) the nature and circumstances of the alleged misconduct;

(5) the protection of the public interest;

(6) the general welfare of the child; and

(7) the factors set forth in subparagraph (a).

ible release of the child from custody, including:

(1) the child’s prior delinquency record, if any;

(2) the present home situation;

(3) the availability of adequate adult supervision pending a trial;

(4) the nature and circumstances of the alleged misconduct;

(5) the protection of the public interest;

(6) the general welfare of the child; and

(7) the factors set forth in subparagraph (a).

(c) Pre-adjudication detention. No child alleged to be delinquent shall be ordered by this or any

other court to be detained in a secured facility pending adjudication unless one or more of the

following grounds for detention exists:

(1) the nature of the alleged offense is such that the physical safety of persons or property

could be threatened if the child is not detained;

(2) there is no custodian or other suitable person available to adequately supervise the child;

(3) it is likely that the child may flee the jurisdiction of this Court or another court;

(4) the child has escaped after a commitment ordered by this Court or is a fugitive from

another state;

(5) there are reasonable grounds to believe that the child’s physical, mental or emotional

health and well-being appear to be threatened or impaired and there is no less restrictive

alternative placement available; or

(6) the child has a prior record of delinquency.

(d) Legal sufficiency. The Court shall make a determination of the legal sufficiency of the

complaint alleging the child’s delinquency and shall act accordingly.

believe that the child’s physical, mental or emotional

health and well-being appear to be threatened or impaired and there is no less restrictive

alternative placement available; or

(6) the child has a prior record of delinquency.

(d) Legal sufficiency. The Court shall make a determination of the legal sufficiency of the

complaint alleging the child’s delinquency and shall act accordingly.

(e) Order of release or detention. Pending adjudication the Court may:

(1) release the child alleged to be delinquent to the child’s custodian or upon own

recognizance or upon the recognizance of the child’s custodian or near relative, with or

without bail for the child’s appearance and impose any conditions of release in the best

interests of the child or that are reasonably necessary to assure the child’s appearance as

requested;

(2) detain the child alleged to be delinquent in default of bond, pursuant to Rule 5(b)(2)(c), in

a facility of the Department of Services for Children, Youth and their Families and may

order the person legally liable therefor to pay for the child’s care during the period of

placement outside the home;

(3) defer proceedings pending further investigation, medical or other examination, or where

the interest of the child and the community will thereby be served; or

(4) schedule a hearing on the merits.

(f) Detention over 30 days. The Court shall review every 30 days the status of the case and the

reasons for detention of any child detained by order of the Court.