26-7A-21. Release of delinquent child after temporary custody hearing--Exceptions.

If the child is an apparent, alleged, or adjudicated delinquent child, after the temporary custody hearing the court shall release the child from temporary custody to the child's parents, guardian, or custodian, with or without restriction or condition or upon written promise of the child's parents, guardian, or custodian regarding the custody and supervision of the child and the subsequent appearance of the child in court at a time, date, and place to be determined by the court, unless the court finds that the child should continue to be held in temporary custody of court services for any of the following reasons:

(1)    The child is a fugitive from another jurisdiction;

(2)    The child is charged with a violation of § 22-22-7, a crime of violence under subdivision 22-1-2(9), or a property crime, which, if committed by an adult, would be a felony;

(3)    The child is already held in detention or on conditional release in connection with another delinquency proceeding;

(4)    The child has a demonstrable recent record of willful failures to appear at juvenile court proceedings;

(5)    The child has a demonstrable recent record of violent conduct;

(6)    The child has a demonstrable recent record of adjudications for serious property offenses;

(7)    The child is still under the influence of alcohol, inhalants, or a controlled drug or substance;

(8)    The child has failed to comply with court services or a court ordered program; or

(9)    There are specific, articulated circumstances that justify detention, not to exceed five days, for the protection of the child from potentially immediate harm to the child or to others.

Source: SL 1991, ch 217, § 22C; SL 1995, ch 148, § 7; SL 1996, ch 172, § 5; SL 1997, ch 158, § 2; SL 2024, ch 98, § 2.