Article II. Prehearing Procedures

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Rule 15: Detention Hearings in Delinquent and Unruly Cases.

(a) Explanation of Petition and Proceedings. At the beginning of the detention hearing, the court shall inform the parties as to the nature of the complaint, the purpose of the detention hearing, the possible consequences of the court's disposition in that and/or subsequent proceedings, and their legal rights, including:

(1) The right to remain silent, and that anything the child says may be used against the child in the pending or any other proceeding;

(2) The right to an attorney, court-appointed if indigent;

(3) The right to confront and to cross-examine the persons who prepared any police reports, probation reports or other documents submitted, as well as any witness examined by the court during the detention proceedings;

(4) The right to confront and to cross-examine at any subsequent hearings any witness that may be called to testify against the child at those hearings;

(5) The right to use the process of the court to compel the attendance of witnesses on the child's behalf; and

(6) The right to present to the court whatever relevant evidence the child or the parent, guardian or legal custodian, or their counsel, desires to present.

(b) Evidence, Findings, and Order. In conducting a detention hearing, the court may consider reliable hearsay, and upon determining (1) that there is probable cause to believe that the child committed the offense charged, (2) that it is in the best interest of the child and the public that the child be detained pending a hearing on the petition, (3) that the child's detention is warranted or required by law as provided in T.C.A. § 37-1-114, and (4) that the immediate welfare of the child and/or the protection of the community so requires, the court shall enter a detention order.

(c) Release of Child. If the court does not make all of the findings set forth in the preceding section, the court shall either order the child discharged forthwith from detention or, in the discretion of the court, release the child to a parent, guardian, legal custodian, or adult relative, with or without bond, pending further proceedings.

Advisory Commission Comments.

In unruly cases potentially involving violation of valid court orders, the court should refer to and observe the requirements of the valid court order regulations found in the appendix to these rules.

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