Rule 12 - Detention and Alternative Placements in Delinquency Cases(a) Scope. This rule governs all physical liberty restrictions placed upon a juvenile in delinquency cases before and after adjudication, upon disposition, or pending a probation violation hearing. For purposes of this rule, the first day of any confinement from which the designated period of time begins to run shall be included.(b) Types of Detention or Placement.(1)Secure Detention Facility. A secure detention facility means any public or private residential facility which includes construction fixtures designed to physically restrict the movements and activities of detainees held in lawful custody in such facility. A secure detention facility is designed to restrict a juvenile's liberty and substantially affect physical freedom or living arrangements.(2)Staff-Secure Facility. A staff-secure facility means any public or private residential facility characterized by staff restrictions of the movements and activities of residents held in the lawful custody in such facility and which limits residents' access to the surrounding community, but is not characterized by construction fixtures designed to physically restrict the movements and activities of residents.(3)Nonsecure Facility. A public or private residential facility not characterized by construction fixtures designed to physically restrict the movements and activities of individuals held in lawful custody in such facility.(4)Home Confinement. Restriction to the juvenile's residence, with or without electronic or global positioning system monitoring, except for out-of-home activities authorized by the court.(c) Presumption for Unconditional Release.(1) The juvenile shall be released, with or without conditions, unless the court determines there is substantial likelihood that:(A) the juvenile's health or welfare would be immediately endangered;(B) the juvenile would endanger others;(C) the juvenile would not appear for a court hearing; or(D) the juvenile would not remain in the care or control of the person into whose lawful custody the juvenile is released.(2) A juvenile who is taken into custody and found eligible for release except for the fact that no responsible adult can be found into whose custody the juvenile could be released may be detained until such time as a responsible adult can be found into whose custody the juvenile can be delivered. However, at the time the juvenile is taken into custody, a written record must be made of all attempts to locate a responsible adult in whose custody the juvenile can be released. This procedure must take place each and every day the juvenile is detained.(d) Additional Findings Necessary for Removal. In any order requiring the removal of the juvenile from his or her home, the court shall find and state in its order: that continuation in the home is contrary to the welfare of the juvenile with specific findings as to why; and whether the department of health and human resources made reasonable efforts to prevent the out-of-home placement or that the emergency situation made such efforts unreasonable or impossible.