Release of child alleged to be in need of supervision required within certain period; exceptions.
1. Except as otherwise provided in this section, if a child who is alleged to be in need of supervision is taken into custody and detained, the child must be released not later than 24 hours, excluding Saturdays, Sundays and holidays, after the child’s initial contact with a peace officer or probation officer to:
(a) A parent or guardian of the child;
(b) Any other person who is able to provide adequate care and supervision for the child; or
(c) Shelter care.
2. A child does not have to be released pursuant to subsection 1 if the juvenile court:
(a) Holds a detention hearing;
(b) Determines that the child:
(1) Has threatened to run away from home or from the shelter;
(2) Is accused of violent behavior at home; or
(3) Is accused of violating the terms of a supervision and consent decree; and
(c) Determines that the child needs to be detained to make an alternative placement for the child.
Ê The child may be detained for an additional 24 hours but not more than 48 hours after the detention hearing, excluding Saturdays, Sundays and holidays.
3. A child does not have to be released pursuant to this section if the juvenile court:
(a) Holds a detention hearing; and
(b) Determines that the child:
(1) Is a ward of a federal court or held pursuant to a federal statute;
(2) Has run away from another state and a jurisdiction within that state has issued a want, warrant or request for the child; or
(3) Is accused of violating a valid court order.
Ê The child may be detained for an additional period as necessary for the juvenile court to return the child to the jurisdiction from which the child originated or to make an alternative placement for the child.
4. For the purposes of this section, an alternative placement must be in a facility in which there are no physical restraining devices or barriers.
Last modified: February 25, 2006