Rule 5.758.Requirements for detention; prima facie case
Division 3. Juvenile Rules · Chapter 13. Cases Petitioned Under Sections 601 and 602 · Article 1. Initial Appearance · Last amended 2007 · Last verified September 10, 2026
Full Text of Rule 5.758
Plain-English Summary
Release is the starting point. The court must release the child unless it finds a prima facie showing that the child is described by the status offense or delinquency statute, that continuance in the home is contrary to the child’s welfare, and that one or more of the grounds for detention exists.
A limit follows immediately, and it is categorical: except in the narrow statutory situations, no child taken into custody solely as a status offender may be detained in juvenile hall or any other secure facility. Running away or truancy does not put a child behind a locked door.
Nor may a child be detained in a jail or lockup used to confine adults, except as the statute allows.
Frequently Asked Questions
What must the court find before detaining a child in a delinquency case?
A prima facie showing that the child is described by section 601 or 602; that continuance in the home is contrary to the child’s welfare; and that one or more of the grounds for detention in rule 5.760 exists. Otherwise the child must be released.
Can a status offender be held in juvenile hall?
No — except as sections 636.2 and 207 provide. A child taken into custody solely on the basis of being a person described in section 601 may not be detained in juvenile hall or any other secure facility.
Can a child be held in an adult jail?
No. A child must not be detained in a jail or lockup used for the confinement of adults, except as provided in section 207.1.
Amendment History
Rule 5.758 amended and renumbered effective January 1, 2007; repealed and adopted as rule 1474 effective January 1, 1998; previously amended effective July 1, 2002.
(Subd (a) amended effective January 1, 2007; previously amended effective July 1, 2002.) (Subd (b) amended effective July 1, 2002.)