What is a Detention Hearing?
A Detention Hearing is held in juvenile cases when a minor has been removed from the home of his/her parents/guardians because of abuse (300 W&I cases) or when the minor has committed certain crimes (602 W&I cases). At the Detention Hearing the minor and or his/her parents/guardians are advised of the allegations, counsel may be appointed and future hearing dates are set and a determination is made if the minor should remain detained. For juvenile dependents the minor is usually placed in a Foster Home. For juvenile delinquents the minor is usually placed in Juvenile Hall.
A hearing on the issue whether the minor should be removed from the home must be held once the petition is filed. For those minors already detained the hearing is generally scheduled the next court day after the petition is filed. The court may begin the hearing by informing the minor of the reasons why he/she was taken into custody, the nature and results of the Delinquency Court proceedings and the right to be represented by an attorney. If the minor does not already have an attorney, the court will appoint one whether or not the minor can afford to pay the attorney. If the parents are determined later to have the money to pay for an attorney, the parents may be required to reimburse the county for representation. The minor has the right to contest the reasons for detention in several ways. The minor may question the individuals who prepared the evidence to support the initial detention and those that provided information during the detention hearing. The minor may also call supporti
