Unlike with adults, a police officer does not need to obtain an arrest warrant to detain or arrest a minor. However, the juvenile in question must be taken to a specific juvenile processing center, and their parents or guardians must be made aware of the arrest as soon as reasonably possible. If an office has reason to believe that a minor violated the law, broke their probation, or engaged in delinquent conduct, they can detain them and process them right away.
Once a minor has been detained, the court has 48 hours to hold an initial hearing. This hearing is not a trial for their arrest but rather an assessment to determine whether or not the minor can be released. There is no bail system in the juvenile system, and only a successful hearing can release the minor. Parents and guardians are given ample notice before the court hearing. If a parent or guardian is unable to attend, the court will appoint a guardian to act in their stead and ensure the minor’s rights and interests are protected.
In most cases, juveniles will be released into the custody of their parents. However, the judge may rule to keep the minor in detention if any of the following conditions are met:
- There is no parent or guardian present to provide adequate supervision of the minor or ensure the minor will return to court.
- The minor is likely to run away or otherwise be removed from the court’s jurisdiction.
- The minor has a previous history of juvenile delinquency charges or appears likely to commit additional offenses if released.
- The judge has reason to believe the minor will be a danger to themselves or others if released.
In the case of a minor being returned to detention, additional hearings must be held every ten days to determine if release is warranted.