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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.
(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 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;
(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.
(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 prohibit
the filing of a petition and further proceedings thereunder,
but shall prohibit holding the child in detention
prior to an adjudicatory hearing.
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