Detention Hearings

The relevant statutory sections for holding a juvenile in custody are:

938.19 (Taking a juvenile into custody)


938.20 (Release or delivery from custody)


938.305 (Criteria for holding a juvenile in physical custody)

938.207 (Places where a juvenile may be held in non-secure custody)


938.208 (Criteria for holding a juvenile in a juvenile detention facility)


938.209 (Criteria for holding a juvenile in a county jail or a municipal lockup facility)


938.21 (Hearing for juvenile in custody)

This outline provides an overview of the law you need to know for a custody hearing as well as tips on preparing for a custody hearing.

Must Reads from the National Juvenile Defender Center on detention advocacy:

Achieving Excellence in Detention Advocacy


NJDC 10 Principles for Providing Effective Defense Advocacy at Juvenile Detention Hearings