Rule 31a-13. Take into Custody Order

(a) Upon written application in a delinquency proceeding, a take into custody order may be issued by the judicial authority:

(1) Upon a finding of probable cause to believe that the child or youth is responsible for (A) a delinquent act, including violation of court orders of probation or the failure of the child or youth charged with a delinquent act, duly notified, to attend a pretrial, probation or evaluation appointment, or (B) for failure to comply with any duly warned condition of a suspended order of detention. The judicial authority also must find at the time it issues a take into custody order that a ground for detention pursuant to Section 30-6 exists before issuing the order;

(2) For failure to appear in court in response to a delinquency petition or summons served in hand or to a direct notice previously provided in court.

(b) Any application for a take into custody order must be supported by a sworn statement alleging facts to substantiate probable cause, and where applicable, a petition or information charging a delinquent act.

(c) Any child or youth detained under a take into custody order is subject to Sections 30-1A through 30-11.

Committee Notes

amended June 30, 2008, to take effect Jan. 1, 2009; amended June 23, 2017, to take effect Jan. 1, 2018; amended June 14, 2024, to take effect Jan. 1, 2025.)