CHILDREN AND THE LAW
...Delinquency Matters
......Custodial Detention
.........Time Limits
 10 Cards On This Topic:
  • Minor must be released within 48 hours after taken into custody unless petition filed.
  • Detention hearing must take place within day after petition filed.
  • Detention rehearing required if parent or guardian does not have actual notice.
  • Juvenile detainees entitled to probable cause determination within 72 hours of arrest.
  • If 72-hr period after M’s arrest includes non-judicial days, precluding full hearing, M must have separate probable cause determination for period beyond 72 hrs.
  • Juvenile ct. required to release M when not brought to court before end of next judicial day after supplemental petition filed [Welf. & Inst. Code §632].
  • No ambiguity in Welf. & Inst. Code §631: Minor must be released from custody unless petition filed within 48 hrs after detention, excluding nonjudicial days.
  • M, who turned 18 before arrest on juv. warrant, entitled to immediate release after prob. dept. failed to file supplemental petition w/in 48 hrs of arrest.
  • Minor must be released within 48 hours after being taken into custody in order to insure speedy detention hearing.
  • Minor entitled to detention hearing if taken into custody on criminal complaint and brought into juvenile court by certification.


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