As amended through June 7, 2024
Rule 8 - Detention Prior to Adjudication(a)Emergency Detention. When an officer so authorized by law arrests a child believed to be delinquent or wayward and represents to the court that circumstances require immediate detention of the child for the child's own protection or that of the public, the court may, to the extent permitted by law, authorize such detention until the next court day when the child shall be presented to the court.(b)Hearing on Temporary Detention. When a child is brought before the court before or after the filing of a petition on sworn representation of an appropriate person as to circumstances necessitating immediate detention for the protection of the child or of the public, the court shall provide for consultation between the child and the public defender or other available attorney. If an attorney is not available for such consultation, the court may order detention for one (1) court day in order that an attorney may be obtained. Following such consultation, the court may order detention of the child for a period not to exceed five (5) days in Providence/ Bristol County and not to exceed seven (7) days in Kent, Newport, and Washington Counties. The order shall include a statement of the reasons for the temporary detention If a petition has not been filed, the court shall waive the intake process and authorize the filing of a petition and service of the summons. The child and the child's parent, guardian, or other custodian shall be informed in writing of the right to choose an attorney and of the right of the child to the services of the public defender if financially unable to retain an attorney .(c)Probable Cause Hearing. When the court has ordered the temporary detention of a child pursuant to subdivision (b) of this rule, unless waived on the record or in writing by the respondent, a hearing shall be held within five (5) days in Providence/ Bristol County and within seven (7) days in Kent, Newport, and Washington Counties on written notice to the child and the child's parent, guardian, or other custodian to determine whether probable cause exists with respect to the allegations of delinquency or waywardness and as to the need for further detention for the protection of the child or the public. Such hearing may be combined with the commencement of the adjudicatory hearing.(d)Detention Order Pending Adjudication. A detention order pending adjudication of the case shall set forth the facts and reasons for the detention . The detention shall not exceed thirty (30) days, except that for cause shown the detention may be extended. The adjudicatory hearing shall be expedited in any case in which such detention has been ordered.(e)Detention for Violation of a Valid Court Order. Prior to detaining a child at the Rhode Island Training School for a violation of a valid court order, the court shall conduct a hearing and determine that the child intentionally violated the order and that the violation involves the failure of the child to engage in services or activities intended to protect or promote the child's health or safety or the health or safety of any other person.(f)Hearing in Providence/Bristol County. Any hearing required by this rule may be held in Providence/Bristol County where the unavailability of an attorney or the schedule of the court precludes hearing in the county in which the case is pending.Amended March 1, 2019, effective 7/1/2019; amended April 30, 2019, effective 11/4/2019; amended November 5, 2019, effective 1/6/2020.