Legally Permissible Uses of Juvenile Detention

One of the many unique features of the juvenile justice system is the law related to the permissible uses of detention. Called secure custody in the Juvenile Code, placement of a juvenile in detention is permitted only when specifically authorized by statute. This post reviews the legally allowable circumstances for the use of juvenile detention. If the situation of a particular juvenile does not match any of these circumstances, then the juvenile cannot be ordered to be held in a detention facility. Note that detention applies only to juveniles who are the subject of delinquency or undisciplined proceedings and is never permitted in an abuse, neglect, or dependency action. When Juvenile Matters are Pending Pending Delinquency Matter G.S. 7B-1903(b) lists five circumstances under which a juvenile with a pending delinquency matter can be held in detention. They include when the juvenile is charged with a felony and has demonstrated that the juvenile is a danger to property or persons (G.S. 7B-1903(b)(1)); has demonstrated that the juvenile is a danger to persons and is charged with either (i) a misdemeanor at least one element of which is assault on a person or (ii) a misdemeanor in which the juvenile used, threatened to use, or displayed a firearm or other deadly weapon (G.S. 7B-1903(b)(2)); has demonstrated that the juvenile is a danger to persons and is charged with impaired driving (S. 20-138.1) or driving by a person under age 21 after consuming alcohol or drugs (G.S. 20-138.3) (G.S. 7B-1903(b)(2a)); has willfully failed to [...]