Rule 8.010. DETENTION HEARING

RULE 8.010. DETENTION HEARING

(a)

When Required. No detention order provided for in rule

8.013 shall be entered without a hearing at which all parties shall

have an opportunity to be heard on the necessity for the child’s

being held in detention, unless the court finds that the parent or

custodian cannot be located or that the child’s mental or physical

condition is such that a court appearance is not in the child’s best

interest. The court may permit any party subject to rule 8.010(a) to

appear before the court via any approved audio-video

communication technology unless the court determines that a

January 1, 2026

Florida Rules of Juvenile Procedure

Page 24 of 469

party’s appearance by audio-video communication technology is not

in the best interest of the child. If detention proceedings are held

remotely via audio-video communication technology, the physical

presence of the child or other participants is not required but if the

child is not physically present, the child must have access to

contemporaneous and confidential communication with counsel.

(b)

Time. The detention hearing shall be held within the

time limits as provided by law. A child who is detained shall be

given a hearing within 24 hours after being taken into custody.

(c)

Place. The detention hearing may be held in the county

where the incident occurred, where the child is taken into custody,

or where the child is detained.

(d)

Notice. The intake officer shall make a diligent effort to

notify the parent or custodian of the child of the time and place of

the hearing. The notice must indicate whether appearance via

communication technology is permitted. The notice may be by the

most expeditious method available. Failure of notice to parents or

custodians or their nonattendance at the hearing shall not

invalidate the proceeding or the order of detention.

l make a diligent effort to

notify the parent or custodian of the child of the time and place of

the hearing. The notice must indicate whether appearance via

communication technology is permitted. The notice may be by the

most expeditious method available. Failure of notice to parents or

custodians or their nonattendance at the hearing shall not

invalidate the proceeding or the order of detention.

(e)

Appointment of Counsel. At the detention hearing, the

child shall be advised of the right to be represented by counsel.

Counsel shall be appointed if the child qualifies, unless the child

waives counsel in writing subject to the requirements of rule 8.165.

(f)

Advice of Rights. At the detention hearing the persons

present shall be advised of the purpose of the hearing and the child

shall be advised of:

(1)

the nature of the charge for which he or she was

taken into custody;

(2)

that the child is not required to say anything and

that anything said may be used against him or her;

January 1, 2026

Florida Rules of Juvenile Procedure

Page 25 of 469

(3)

if the child’s parent, custodian, or counsel is not

present, that he or she has a right to communicate with them and

that, if necessary, reasonable means will be provided to do so; and

(4)

the reason continued detention is requested.

(g)

Issues. At this hearing the court shall determine the

following:

(1)

The existence of probable cause to believe the child

has committed a delinquent act. This issue shall be determined in a

nonadversary proceeding. The court shall apply the standard of

proof necessary for an arrest warrant and its finding may be based

upon a sworn complaint, affidavit, deposition under oath, or, if

necessary, upon testimony under oath properly recorded.

determine the

following:

(1)

The existence of probable cause to believe the child

has committed a delinquent act. This issue shall be determined in a

nonadversary proceeding. The court shall apply the standard of

proof necessary for an arrest warrant and its finding may be based

upon a sworn complaint, affidavit, deposition under oath, or, if

necessary, upon testimony under oath properly recorded.

(2)

The need for detention according to the criteria

provided by law. In making this determination in addition to the

sworn testimony of available witnesses all relevant and material

evidence helpful in determining the specific issue, including oral

and written reports, may be relied on to the extent of its probative

value, even though it would not be competent at an adjudicatory

hearing.

(3)

The need to release the juvenile from detention and

return the child to the child’s nonresidential commitment program.

(h)

Probable Cause. If the court finds that such probable

cause exists, it shall enter an order making such a finding and may,

if other statutory needs of detention exist, retain the child in

detention. If the court finds that such probable cause does not

exist, it shall forthwith release the child from detention. If the court

finds that one or more of the statutory needs of detention exists,

but is unable to make a finding on the existence of probable cause,

it may retain the child in detention and continue the hearing for the

purpose of determining the existence of probable cause to a time

within 72 hours of the time the child was taken into custody. The

court may, on a showing of good cause, continue the hearing a

second time for not more than 24 hours beyond the 72-hour period.

Release of the child based on no probable cause existing shall not

January 1, 2026

Florida Rules of Juvenile Procedure

Page 26 of 469

prohibit the filing of a petition and further proceedings thereunder,

but shall prohibit holding the child in detention prior to an

adjudicatory hearing.

showing of good cause, continue the hearing a

second time for not more than 24 hours beyond the 72-hour period.

Release of the child based on no probable cause existing shall not

January 1, 2026

Florida Rules of Juvenile Procedure

Page 26 of 469

prohibit the filing of a petition and further proceedings thereunder,

but shall prohibit holding the child in detention prior to an

adjudicatory hearing.

(i)

Presence of Counsel. The state attorney or assistant

state attorney and public defender or assistant public defender

shall attend the detention hearing as permitted by these rules.

Detention hearings shall be held with adequate notice to the public

defender and state attorney. An official record of the proceedings

shall be maintained. If the child has retained counsel or expresses a

desire to retain counsel and is financially able, the attendance of

the public defender or assistant public defender is not required at

the detention hearing.