(1) All determinations and court orders regarding the use of detention care shall be based primarily upon findings that the child:(a) Presents a substantial risk of not appearing at a subsequent hearing;
(b) Presents a substantial risk of inflicting bodily harm on others as evidenced by recent behavior, including the illegal possession or use of a firearm;
(c) Presents a history of committing a property offense prior to adjudication, disposition, or placement;
(d) Has committed contempt of court by:1. Intentionally disrupting the administration of the court;
2. Intentionally disobeying a court order; or
3. Engaging in a punishable act or speech in the court’s presence which shows disrespect for the authority and dignity of the court; or
(e) Requests protection from imminent bodily harm.
(2) A child who is placed on supervised release detention care may be required to comply with any available condition established by the department or ordered by the court, including electronic monitoring, if the court finds such a condition is necessary to preserve public safety or to ensure the child’s safety or appearance in court.
(3) A child alleged to have committed a delinquent act or violation of law may not be placed into secure or supervised release detention care for any of the following reasons:(a) To allow a parent to avoid his or her legal responsibility.
(b) To permit more convenient administrative access to the child.
(c) To facilitate further interrogation or investigation.
(d) Due to a lack of more appropriate facilities.
(4) A child who is alleged to be dependent under chapter 39, but who is not alleged to have committed a delinquent act or violation of law, may not, under any circumstances, be placed into secure detention care.
(5) The department shall continue to identify and develop supervised release detention options and annually submit them to the Legislature for authorization and appropriation.
