RULE 8.010. DETENTION HEARING

(a) When Required. No detention order provided for in rule
8.013 shall be entered without a hearing at which all parties shall
have an opportunity to be heard on the necessity for the child’s
being held in detention, unless the court finds that the parent or
custodian cannot be located or that the child’s mental or physical
condition is such that a court appearance is not in the child’s best
interest. The court may permit any party subject to rule 8.010(a) to
appear before the court via any approved audio-video
communication technology unless the court determines that a
party’s appearance by audio-video communication technology is not
in the best interest of the child. If detention proceedings are held
remotely via audio-video communication technology, the physical
presence of the child or other participants is not required but if the
child is not physically present, the child must have access to
contemporaneous and confidential communication with counsel.

(b) Time. The detention hearing shall be held within the
time limits as provided by law. A child who is detained shall be
given a hearing within 24 hours after being taken into custody.

(c) Place. The detention hearing may be held in the county
where the incident occurred, where the child is taken into custody,
or where the child is detained.

(d) Notice. The intake officer shall make a diligent effort to
notify the parent or custodian of the child of the time and place of
the hearing. The notice must indicate whether appearance via
communication technology is permitted. The notice may be by the
most expeditious method available. Failure of notice to parents or
custodians or their nonattendance at the hearing shall not
invalidate the proceeding or the order of detention.

(e) Appointment of Counsel. At the detention hearing, the
child shall be advised of the right to be represented by counsel.
Counsel shall be appointed if the child qualifies, unless the child
waives counsel in writing subject to the requirements of rule 8.165.

(f) Advice of Rights. At the detention hearing the persons
present shall be advised of the purpose of the hearing and the child
shall be advised of:

(1) the nature of the charge for which he or she was
taken into custody;

(2) that the child is not required to say anything and
that anything said may be used against him or her;
(3) if the child’s parent, custodian, or counsel is not
present, that he or she has a right to communicate with them and
that, if necessary, reasonable means will be provided to do so; and

(4) the reason continued detention is requested.

(g) Issues. At this hearing the court shall determine the
following:

(1) The existence of probable cause to believe the child
has committed a delinquent act. This issue shall be determined in a
nonadversary proceeding. The court shall apply the standard of
proof necessary for an arrest warrant and its finding may be based
upon a sworn complaint, affidavit, deposition under oath, or, if
necessary, upon testimony under oath properly recorded.

(2) The need for detention according to the criteria
provided by law. In making this determination in addition to the
sworn testimony of available witnesses all relevant and material
evidence helpful in determining the specific issue, including oral
and written reports, may be relied on to the extent of its probative
value, even though it would not be competent at an adjudicatory
hearing.

(3) The need to release the juvenile from detention and
return the child to the child’s nonresidential commitment program.

(h) Probable Cause. If the court finds that such probable
cause exists, it shall enter an order making such a finding and may,
if other statutory needs of detention exist, retain the child in
detention. If the court finds that such probable cause does not
exist, it shall forthwith release the child from detention. If the court
finds that one or more of the statutory needs of detention exists,
but is unable to make a finding on the existence of probable cause,
it may retain the child in detention and continue the hearing for the
purpose of determining the existence of probable cause to a time
within 72 hours of the time the child was taken into custody. The
court may, on a showing of good cause, continue the hearing a
second time for not more than 24 hours beyond the 72-hour period.
Release of the child based on no probable cause existing shall not
prohibit the filing of a petition and further proceedings thereunder,
but shall prohibit holding the child in detention prior to an
adjudicatory hearing.

(i) Presence of Counsel. The state attorney or assistant
state attorney and public defender or assistant public defender
shall attend the detention hearing as permitted by these rules.
Detention hearings shall be held with adequate notice to the public
defender and state attorney. An official record of the proceedings
shall be maintained. If the child has retained counsel or expresses a
desire to retain counsel and is financially able, the attendance of
the public defender or assistant public defender is not required at
the detention hearing.