Delaware, Wisconsin Arkansas, Kentucky, West California Louisiana, Washington Utah New Mexico Oregon Indiana Maryland Tennessee Pennsylvania Nevada Ohio New Hampshire South Carolina Florida Segregation Provision Child dangerous to other children to be segregated Dependent, abused, neglected juveniles from children in need of Dependent, abused, neglected juveniles from children in need of Abused and neglected from delinquents Children in need of supervision from delinquents Dependent, abused, neglected juveniles from children in need of No provision but only delinquents can go to detention facility; No provision, but those not requiring physical restriction to be Dependent, abused, neglected juveniles and children in need of If runaway, delinquent or dangerous to self and others, detention Dependent, abused, neglected juveniles and children in need of Alleged delinquents from adjudicated delinquents Alleged dependent, abused, neglected juveniles from alleged Although dependent, abused, neglected juveniles and children in need Alleged dependent, abused, neglected juveniles from alleged delinquents unless by court order. Dependent, abused, neglected juveniles from delinquents Dependent, abused, neglected juveniles not in a facility for the detention of criminal or juvenile offenders Dependent, abused, neglected juveniles and children in need of State table 9 SEGREGATION OF GROUPS OF CHILDREN-HOLDING FACILITIES District of Columbia, North Dakota, Virginia Arkansas, Louisiana, Hawaii, Utah, Vermont Oregon Georgia, Montana, Tennessee, Wyoming New Hampshire Kansas Provision Neglected child not to be in detention home for allegedly delinquent or children in need of supervision Facilities may be same but separation required Same as (4) pre-disposition; separate institutions after disposition Shelter care for those not requiring physical restriction; Jail and detention for delinquents, runaways, those dangerous to self Detention facilities for children in need of supervision and delin- Children in need of supervision not to be placed in delinquent Delinquents (felonies) and miscreants (adult misdemeanors) 62 7 Time And Petition This section covers the time and petition re- (2) Whether a formal petition must be filed stating the specific facts which bring the juvenile within the court's jurisdiction and if there is a requirement, within what time period must the petition be filed. The following examples illustrate how both areas (1) and (2) are provided for in the statutes: South Dakota No child shall be held in detention or shelter care longer than 48 hours...unless a petition has been filed, or the court so orders following a hearing to determine further detention or release.48 Maryland If the child is not released, the intake officer shall immediately file a petition to authorize continued detention or shelter care. A hearing on the petition shall be held not later than the next court day, unless extended by the court upon good cause shown...Detention and shelter care shall not be ordered for a period of more than 30 days unless an adjudicatory or waiver hearing is held.49 The final area to be discussed is: (3) If a juvenile is held in detention following the detention hearing, whether there are any time limitations--how long may a juvenile be held in custody before an adjudicatory hearing is held and how long after the adjudicatory hearing and before the disposition hearing may s/he be held. The main point is for what possible time period may a juvenile be statutorily held in detention or shelter care before her/his case is decided--is it a matter of weeks, months, or possibly, years? A. Time Period Within Which the Detention Hearing Must Be Held. National standards provide that: Unless a juvenile who has been taken into custody has been released, a judicial hearing to review the necessity for his continued detention should be held within 48 hours from the time he was taken into custody.50 Although administrative handling of the detention decision may appear to be the more acceptable because more efficient alternative, due process requirements and the need for prompt judicial 51 review make judicial handling a necessity. Of course, the definitions of what is "prompt" judicial review is the issue of concern in this area. The commentary to Standard 12.11 states a preference that a detention hearing be held on the same day as a juvenile is taken into custody. However, Standard 12.11 itself requires a hearing within 48 hours from the time the juvenile is taken into custody, the drafters having recognized the need for time to schedule the hearing and time to give notice to parents and various officials.52 Table 10 indicates, for those states which specify a time limitation, what that limitation is. Of those states not listed in Table 10, which statutorily (note that this may be provided for by rules of court as in New Jersey) require a hearing, Minnesota sets the time at 36 hours excluding nonjudicial days while Illinois requires 36 hours for delinquents and 48 hours for others excluding nonjudicial days. Tennessee law requires an informal hearing in three days and if one is not held, a hearing on the petition must be held in seven days. North Dakota sets 96 hours as its time limit while in North Carolina, it's five days for delinquents and children in need of supervision (a hearing on the merits must be held for dependent, abused, or neglected juveniles within five days). In Mississippi, a hearing must be held if emergency custody is involved within ten days of the filing of the petition. In Connecticut, for dependent, abused, or neglected juveniles in custody a hearing on the petition must be held within ten days otherwise there is no provision. Finally, in Massachusetts, the hearing must be held within 15 days for children in need of supervision otherwise there is no provision. B. Petition Requirement, Contents, Time for A petition in juvenile court proceedings serves The petition is thus significant in the juvenile court proceedings, and is in fact statutorily provided for in most states. The filing of a formal petition or "information" or complaint which states the specific facts which bring the juvenile within the jurisdiction of the juvenile court is generally required for the continued detention of juveniles. Of course, the important objectives of the petition, especially the notice aspect, require some time limitation within which the petition should be filed following the detention of a juvenile. Table 11 indicates the time limitations for those states which statutorily provide one. The following variations reveal the possible diversity in this area: In Illinois and Oregon, a petition must be filed by the time of the detention or shelter care hearing. In Arkansas, the time is 72 hours for dependent, abused, or neglected juveniles, 24 hours of detention hearing or 96 hours of arrest if others, whichever time comes first. In Florida, a complaint must be filed within 24 hours excluding nonjudicial days, and a petition must be filed within 45 days of the time the complaint is referred to the intake office. In Maine, a petition must be filed within 10 days from the date of detention following court-ordered detention. In North Carolina, a juvenile taken into temporary custody cannot be held for more than 12 hours unless a petition has been filed and an order for secure or nonsecure custody has been entered by a judge. Further, a juvenile is not to be held under a custody order for more that 5 days without a detention hearing. final example, in Nevada if the juvenile is a delinquent or in need of supervision, the petition must be filed ten days from the date the complaint was referred to the probation officer. Note once again that petition requirements may be set out by Court Rules as in Arizona where a petition alleging a juvenile's delinquent conduct must be filed within 24 hours to hold the juvenile in detention.54 |