Minn. R. Juv. P. 5.02

As amended through October 28, 2024

Rule 5.02 - Definitions

Subdivision 1. Detention. Detention includes all liberty restrictions that substantially affect a child's physical freedom or living arrangements before trial, disposition or pending a probation violation hearing. A child's physical liberty is restricted when

(A) the child is taken into custody;

(B) the court orders detention of the child;

(C) the court orders out-of-home placement; or

(D) the court orders electronic home monitoring or house arrest with substantial liberty restrictions.

Subd. 2. Detaining Authority. The detaining officer, the detaining officer's supervisor, the person in charge of the detention facility, the prosecuting attorney or the court is a detaining authority for the purposes of this rule.

Subd. 3. Place of Detention for Juvenile Delinquent Offenders. A place of detention for a juvenile delinquent offender can be any one of the following places:

(A) the child's home subject to electronic home monitoring or house arrest with substantial liberty restrictions;

(B) a foster care or shelter care facility;

(C) a secure detention facility;

(D) a detoxification, chemical dependency, or psychiatric facility;

(E) an adult jail; or

(F) any other place of detention.

Subd. 4. Place of Detention for Juvenile Petty or Traffic Offenders. A place of detention for a juvenile petty or traffic offender can be any one of the following places:

(A) a child's relative;

(B) a standby or temporary custodian under Minnesota Statutes, chapter 257B; or

(C) a shelter care facility.

Minn. R. Juv. P. 5.02

Amended effective 1/1/2008; amended April 22, 2015, effective 7/1/2015.