Rule 11. Time limits on detention orders.

(a) Preliminary inquiries and investigations shall be promptly conducted in cases involving minors ordered held in detention. Orders for detention are not of indefinite duration and shall be limited as follows.

(1) Minors held in detention. Unless the time period for filing a petition or holding an arraignment is extended by court order, a minor shall be released from detention if a petition is not filed within 5 working days of the date the minor was admitted to detention or an arraignment is not held within 10 days of the date the petition is filed.

(2) Minors placed on home detention or released with conditions. Unless extended by court order, if a petition is not filed within 30 days of the placement on home detention or the date of release from detention with conditions, the order shall terminate.

(3) Minors held in detention pending disposition or placement are governed by Section 78A-6-113.

(b) Requests for extensions of the time period for filing a petition shall be made by means of a separate written request and order, on forms supplied by the clerk, and shall be retained in the legal file. The name, title of the person making the request, and the reasons for the requested extension shall be included in the request.

Advisory Committee Notes