CHILDREN AND THE LAW
...Delinquency Matters
......Custodial Detention
.........Detention Hearing Procedures
8 Cards On This Topic:

Prima facie factual showing required to justify minor’s detention.

30-day remediation violated the W&IC as it permitted probation officer to determine a probation violation without providing M notice and a hearing.

Juv. court erred in ordering 13-yr.-old misdemeanants detained in Juvenile Hall based on their being dependents whose SWs could not find them placements.

After jurisdiction found, safeguards and due process requirements of Welf. & Inst. Code §628 must be observed.

Court must find some new evidence at detention hearing to detain minor.

PO’s or officer’s report admissible at detention hearing.

Neither juvenile detention hearing nor fitness hearing is equivalent of an adult preliminary hearing.

Rehearing required if no actual notice to parent or guardian, or by request for prima facie case.