The detention hearing has one purpose and one purpose only – to determine whether or not a child will be held at the Juvenile Detention Facility of if the child will be released – this is the only matter to be decided by the court at the detention hearing.
During an initial detention hearing, the first held after the child is arrested, the Judge listens to a description of the offense for which the child was arrested, and what role the child is alleged to have played, and the judge must determine if there exists probable cause that links the child with the offense. Anything the child says during the hearing can only be used to determine if probable cause exists (possibly linking the child to the offense), and to determine if the child will be held in the detention facility or released to a parent or guardian. The child’s parent will be contacted ahead of time by the probation department and asked to attend the hearing. The judge will ask the child if they wish to have an attorney represent them at the detention hearing. Any child facing a detention hearing should have an attorney present to guide them through the process.