Métodos de Preparación de Muestras

A detention hearing must be held within 48 hours from the time a child is taken into custody, excluding Saturdays, Sundays and holidays. § 63-19-830(A). However, a child taken into custody because of a status offense must not be detained more than 24 hours, unless a previously issued court order notified the child that further violation of the court's order may result in detention. If a child is ordered detained for violating a valid court order, the child may be held in secure confinement in a juvenile detention facility for up to 72 hours, excluding weekends and holidays. § 63-19-820(E).

A child ordered detained is entitled to “further and periodic review:” within 10days following the initial hearing;

within 30 days following the I0-day hearing; and

at any other time with a showing of good cause. § 63-19-830(A).

RIGHT TO COUNSEL

A child has the right to an attorney in the detention hearing. The court must appoint an attorney for the child if none is retained. A child may not proceed without an attorney unless the child waives the right to counsel after consulting at least once with an attorney. § 63-19-830(A).

PRESENCE OF PARENTS

Rule 32, SCRFC provides that the detention hearing may be held without the presence of the child's parents if they cannot be located after reasonable effort. If the parents are not located, the court must appoint a guardian ad litem for the child.

PURPOSE OF HEARING

The court makes a determination as to whether: (1) probable cause exists to justify detention; and (2) it is appropriate and necessary for the child to remain in detention.

EVIDENCE

The court may admit “any evidence relevant to the necessity of detaining a child.” Rule 32, SCFCR. Therefore, evidence such as hearsay may be presented by the State when arguing for detention.

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DETENTION HEARING PROCEDURE

Though procedure may vary to some degree from county to county, the following is an overview of a typical detention hearing:

The detention hearing begins with the solicitor calling the case and presenting the State’s witnesses. The State has the burden of proving probable cause exists to justify detention and that continued detention is appropriate and necessary.

- Potential witnesses for the State may include a law enforcement officer, a DJJ community specialist, witnesses of the alleged incident, and the victim.

- Generally, the law enforcement representative (may be an officer without any direct knowledge of the case who reads from incident reports or notes from the reporting officer, since hearsay is admissible in this hearing) will testify as to probable cause and reasons why the child should be detained.

- The DJJ representative may testify regarding the child’s prior court history and school records and present DJJ’s recommendation regarding continued detention.

After the solicitor questions each witness on direct examination, the defense attorney has the opportunity to question each witness.

After the State has presented its case, the defense will present its witnesses. - Potential witnesses may include parents/guardians and character

witnesses who may testify regarding: the child’s home environment (level of structure, supervision, and stability in the home); the child's behavior in the home and at school; any special needs or disabilities the child may have; and how the child will be monitored if allowed to return home while awaiting trial.

- As with the State’s witnesses, defense witnesses are also subject to cross-examination.

Following the defense’s case, the judge will usually hear from the attorneys as to why the child should be detained or released. The judge may also want to hear from parents who have not testified.

The judge will make a ruling as to whether the child will remain in detention or be released while awaiting trial.

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SECTION 63-19-820.Out-of-home placement.

(A) When the officer who took the child into custody determines that placement of a juvenile outside the home is necessary, the authorized representative of the Department of Juvenile Justice shall make a diligent effort to place the child in an approved home, program, or facility, other than a secure juvenile detention facility, when these alternatives are appropriate and available.

(B) A child is eligible for detention in a secure juvenile detention facility only if the child: (1) is charged with a violent crime as defined in Section 16-1-60;

(2) is charged with a crime which, if committed by an adult, would be a felony or a misdemeanor other than a violent crime, and the child:

(a) is already detained or on probation or conditional release or is awaiting adjudication in connection with another delinquency proceeding;

(b) has a demonstrable recent record of wilful failures to appear at court proceedings; (c) has a demonstrable recent record of violent conduct resulting in physical injury to others; or

(d) has a demonstrable recent record of adjudications for other felonies or misdemeanors; and

(i) there is reason to believe child is a flight risk or poses a threat of serious harm to others; or

(ii) the instant offense involved the use of a firearm; (3) is a fugitive from another jurisdiction;

(4) requests protection in writing under circumstances that present an immediate threat of serious physical injury;

(5) had in his possession a deadly weapon;

(6) has a demonstrable recent record of wilful failure to comply with prior placement orders including, but not limited to, a house arrest order;

(7) has no suitable alternative placement and it is determined that detention is in the child's best interest or is necessary to protect the child or public, or both; or

(8) is charged with an assault and battery or an assault and battery of a high and aggravated nature on school grounds or at a school-sponsored event against any person affiliated with the school in an official capacity.

A child who meets the criteria provided in this subsection is eligible for detention.

Detention is not mandatory for a child meeting the criteria if that child can be supervised adequately at home or in a less secure setting or program. If the officer does not consent to the release of the child, the parents or other responsible adult may apply to the family court within the circuit for an ex parte order of release of the child. The officer's written report must be furnished to the family court judge who may establish conditions for the release.