6.3Preliminary Hearings1
At the preliminary hearing, after considering the results of a juvenile’s risk screening tool and mental health screening tool, the court mustreview the petition to determine whether it should be dismissed, referred for alternate services, placed on the consent docket, or continue to a preliminary hearing. MCR 3.935(B)(3).2
The court may assign a referee to conduct a preliminary hearing and to make recommended findings and conclusions. MCR 3.913(A)(1). Referees who conduct preliminary hearings do not need to be licensed attorneys. MCL 712A.10(2); MCR 3.913(A)(2)(a).
A preliminary hearing3 in a juvenile delinquency case is functionally similar to an arraignment in a criminal case. In re Wilson, 113 Mich App 113, 122 (1982). A preliminary hearing “must commence no later than 24 hours after the juvenile has been taken into court custody, excluding Sundays and holidays, as defined by MCR 8.110(D)(2), or the juvenile must be released.” MCR 3.935(A)(1).
The court may adjourn the preliminary hearing for up to 14 days:
“(a) to secure the attendance of the juvenile’s parent, guardian, or legal custodian or of a witness, or
“(b) for other good cause shown.” MCR 3.935(A)(2).
The Family Division must, upon request of the prosecuting attorney, adjourn the preliminary hearing when a juvenile is accused of committing a specified juvenile violation while the juvenile was between 14 and 18 years of age. MCR 3.935(A)(3).4 MCR 3.935(A)(3)(a) states:
“On a request of a prosecuting attorney who has approved the submission of a petition with the court, conditioned on the opportunity to withdraw it within 5 days if the prosecuting attorney authorizes the filing of a complaint and warrant with a magistrate, the court shall comply with subrules (i) through (iii).
(i) The court shall adjourn the preliminary hearing for up to 5 days to give the prosecuting attorney the opportunity to determine whether to authorize the filing of a criminal complaint and warrant charging the juvenile with an offense as though an adult pursuant to MCL 764.1f, instead of unconditionally approving the filing of a petition with the court.
(ii) The court, during the special adjournment under subrule 3(a), must defer a decision regarding whether to authorize the filing of the petition.
(iii) The court, during the special adjournment under subrule 3(a), must release the juvenile pursuant to MCR 3.935(E) or detain the juvenile pursuant to MCR 3.935(D)[5].”
If the prosecuting attorney does not authorize the filing of a complaint and warrant during the special adjournment, “approval of the petition by the prosecuting attorney shall no longer be deemed conditional and the court shall proceed with the preliminary hearing and decide whether to authorize the petition to be filed.” MCR 3.935(A)(3)(b).
The prosecuting attorney’s use of the special adjournment procedure does not preclude the prosecuting attorney from filing a motion for traditional waiver under MCR 3.950.6 MCR 3.935(A)(3)(c). Presumably, the rule does not preclude the prosecuting attorney from amending the petition to designate the case under MCR 3.951(A)(3)(a), either.7
If the prosecuting attorney decides during the special adjournment to file a complaint and warrant in district court, an arraignment must be held within 24 hours after the authorization, “provided the juvenile is being detained in a juvenile facility.” MCR 6.907(A)(2). Following the arraignment, the district court must set a date for the juvenile’s preliminary examination within the next 14 days. MCR 6.907(C)(2). The period consumed by the special adjournment, up to three days, must be deducted from the 14 days allowed for conducting the preliminary examination following arraignment. Id.8
C.A Juvenile’s Right to Counsel
1.Constitutional and Statutory Rights to Counsel
Juveniles “have a Sixth Amendment right to counsel in all adjudicatory proceedings.” People v McGilmer, 95 Mich App 577, 579-580 (1980) (citation omitted). Put differently, the Sixth Amendment right to counsel attaches at a criminal defendant’s initial appearance before a judicial officer where the defendant is notified of the charge and the defendant’s liberty is subject to restriction. Rothgery v Gillespie Co, 554 US 191, 198 (2008). Accordingly, the Sixth Amendment right to counsel commences at “the initiation of adversary judicial criminal proceedings—whether by way of formal charge, preliminary hearing, indictment, information, or arraignment,” regardless of the prosecution’s involvement in, or awareness off, the proceeding. Id. at 198 (quotation marks and citation omitted).
The constitutional right to counsel in delinquency proceedings extends to proceedings that occur after adjudication if “the juvenile may face commitment to an institution.” Walls v Director of Institutional Svcs, 84 Mich App 355, 359 (1978). A juvenile also has a federal constitutional right to counsel during the first (“adjudicative”) phase of a traditional waiver hearing.9 Kent v United States, 383 US 541, 553-554, 561-562 (1966); People v Hana, 443 Mich 202, 219, 225-226 (1993).
In addition to constitutional requirements, MCL 712A.17c(2) states that the court must appoint an attorney for a juvenile in a proceeding under MCL 712A.2(a) (violations of law or ordinance and certain status offenses) or MCL 712A.2(d) (status offenses involving “wayward minors”) if one or more of the following circumstances is present:
“(a) The child’s parent refuses or fails to appear and participate in the proceedings.
(b) The child’s parent is the complainant or victim.
(c) The child and those responsible for his or her support are financially unable to employ an attorney and the child does not waive his or her right to an attorney.
(d) Those responsible for the child’s support refuse or neglect to employ an attorney for the child and the child does not waive his or her right to an attorney.
(e) The court determines that the best interests of the child or the public require appointment.”
MCR 3.915(A)(2)(a)-(e) contain substantially similar criteria for the appointment of counsel.
“MCR 3.915[(A)](2)(e) requires that a court appoint an attorney for a juvenile in a delinquency proceeding if the court determines that the best interests of the juvenile or the public require appointment.” In re EE, 346 Mich App 332, 352 (2023) (quotation marks and citation omitted; observing that the trial court’s “failure to consider the children’s best interests compounded its other errors”).
In addition to the status offenses listed in MCL 712A.2(a), and status offenses involving wayward minors under MCL 712A.2(d), “[c]hildren prosecuted for [the status offense of] truancy have a right to counsel conferred by [MCL 712A.17c] and [MCR 3.915(A)(2)].” In re EE, 346 Mich App at 337.
Appointment of counsel at a preliminary hearing may be necessary if the juvenile is not accompanied by a parent, guardian, or legal custodian. See MCR 3.935(B)(1) (“[t]he preliminary hearing may be conducted without a parent, guardian, or legal custodian present, provided a guardian ad litem or attorney appears with the juvenile[]”). Additionally, a juvenile may waive the probable cause phase of a detention determination at a preliminary hearing10 only if the juvenile is represented by an attorney. MCR 3.935(D)(2).
Committee Tip:
Appointment of counsel before a preliminary hearing avoids adjourning the preliminary hearing to appoint an attorney and allows the attorney to facilitate an informal disposition of the case.
An attorney appointed by the court must serve until discharged by the court. MCL 712A.17c(9); MCR 3.915(D)(2). “An attorney retained by a party may withdraw only on order of the court.” MCR 3.915(D)(1).
The Due Process Clause of the Fourteenth Amendment requires the parents and child to be notified of the child’s right to be represented by retained or appointed counsel, if they are unable to afford counsel, in proceedings to determine delinquency which may result in commitment to an institution in which a juvenile’s freedom is curtailed. In re Gault, 387 US 1, 41 (1967).
MCL 712A.17c(1) provides:
“In a proceeding under [MCL 712A.2(a) (violations of law or ordinance and certain status offenses)] or [MCL 712A.2(d) (status offenses involving “wayward minors”)] or a proceeding regarding a supplemental petition alleging a violation of a personal protection order under [MCL 712A.2(h)], the court shall advise the child that he or she has a right to an attorney at each stage of the proceeding.”
MCR 3.915(A)(1) requires the court to advise a juvenile, if he or she is not represented by counsel, of his or her right to an attorney “at each stage of the proceedings on the formal calendar, including trial, plea of admission, and disposition.” MCR 3.935(B)(4) specifically requires the court to advise a juvenile of his or her right to an attorney pursuant to MCR 3.915(A)(1) if it plans to conduct a preliminary hearing.
3.Requirements for a Valid Waiver of Counsel
MCL 712A.17c(3) and MCR 3.915(A)(3) set out the required procedures for a juvenile to waive his or her right to counsel. MCL 712A.17c(3) states:
“Except as otherwise provided in this subsection, in a proceeding under [MCL 712A.2(a) or MCL 712A.2(d) (violations of law or ordinance and status offenses)], the child may waive his or her right to an attorney. The waiver by a child shall be made in open court, on the record, and shall not be made unless the court finds on the record that the waiver was voluntarily and understandingly made. The child may not waive his or her right to an attorney if the child’s parent or guardian ad litem objects or if the appointment is made under [MCL 712A.17c(2)(e) (“[t]he court determines that the best interests of the child or the public require appointment[]”)].”
MCR 3.915(A)(3) states:
“Waiver of Attorney. The juvenile may waive the right to the assistance of an attorney except where a parent, guardian, legal custodian, or guardian ad litem objects or when the appointment is based on [MCR 3.915(A)(2)(e) (best interest of public or juvenile require appointment)]. The waiver by a juvenile must be made in open court to the judge or referee, who must find and place on the record that the waiver was voluntarily and understandingly made.”11
Before accepting a waiver of counsel, a judge must find that three requirements have been met: (1) “that the child unequivocally selected self-representation,” (2) “that the child’s unequivocal decision to proceed pro se was made knowingly, intelligently, and voluntarily,” and (3) that the child “will not disrupt, unduly inconvenience and burden the court and the administration of the court’s business.” Id. at ___ (quotation marks and citation omitted; noting “the children never ‘requested’ self-representation” and assuming hypothetically that the children “unequivocally requested self-representation, the trial court never inquired regarding whether they understood this choice, or were forced into it by their father”).
4.Reimbursement of Attorney Costs
MCL 712A.17c(8) allows a court to enter an order assessing attorney costs.12 That provision states as follows:
“If an attorney . . . is appointed for a party under [the Juvenile Code], after a determination of ability to pay[,] the court may enter an order assessing attorney costs against the party or the person responsible for that party’s support, or against the money allocated from marriage license fees for family counseling services under . . . MCL 551.103. An order assessing attorney costs may be enforced through contempt proceedings.”
See also MCR 3.915(E), which is substantially similar to MCL 712A.17c(8), and MCL 712A.18(5) (reimbursement as part of order of disposition).13
5.Appointment of a Guardian Ad Litem
“The court may appoint a guardian ad litem for a party if the court finds that the welfare of the party requires it.” MCR 3.916(A). See also MCL 712A.17c(10) (a court may appoint a guardian ad litem to assist it in determining a child’s best interests). For rules governing the appearance and rights of guardians ad litem, and the responsibility for the costs of guardians ad litem, see MCR 3.916(B)-(D).
D.Appearance of a Prosecuting Attorney
Only the prosecuting attorney may file a petition requesting the court to take jurisdiction of a juvenile allegedly within MCL 712A.2(a)(1) (violations of law or ordinance), MCL 712A.11(2); MCR 3.914(B)(1), and the prosecuting attorney must appear for the people if the proceeding requires a hearing and the taking of testimony, MCL 712A.17(4); MCR 3.914(A); MCR 3.914(B)(2). If the court requests, the prosecutor must review a petition for legal sufficiency and appear for the people at any delinquency hearing. MCR 3.914(A); see also MCL 712A.17(4).
E.Notice Requirements for Preliminary Hearings
Notice of a preliminary hearing must be given to the juvenile and his or her parent as soon as the hearing is scheduled, and the notice may be in person, in writing, on the record, or by telephone. MCR 3.920(D)(2)(a).14 “If the court knows or has reason to know an Indian child is . . . charged with a status offense in violation of MCL 712A.2(a)(2)-(4) or [MCL 712A.2](d) and an Indian tribe does not have exclusive jurisdiction as defined in MCR 3.002(6)[,]” notice of a preliminary hearing must be given to the Indian child’s parent or Indian custodian and to the tribe as provided in MCR 3.920(D). MCR 3.920(C).15
F.Procedures at Preliminary Hearings
1.Videoconferencing Technology
MCR 3.904(A)(1) provides that courts may use videoconferencing technology when conducting preliminary hearings16 under MCR 3.935(A)(1).
See Section 1.4 for discussion of videoconferencing technology.
2.Presence of Parent, Guardian, or Legal Custodian
The presence of a parent, guardian, or legal custodian at the preliminary hearing is not required as long as a guardian ad litem or attorney appears with the juvenile. MCR 3.935(B)(1).
3.Reading the Allegations in the Petition
“The court shall read the allegations in the petition.” MCR 3.935(B)(2).
Committee Tip:
Although the rule does not authorize waiver of the reading of the allegations as often occurs in criminal proceedings, the reading is often waived by counsel for the juvenile.
4.Deciding Whether to Continue With the Hearing
After reading the allegations and considering the results of a juvenile’s risk screening tool and mental health screening tool, the court must determine whether (1) the petition should be dismissed, (2) the matter should be diverted, (3) the matter should be heard on the consent calendar, or (4) the court should continue with the preliminary hearing. MCR 3.935(B)(3).17
If the court determines that it will remove the case from the adjudicative process (i.e., dismiss the petition, divert the case, or place the case on the consent calendar), the court must comply with the requirements of the Crime Victim’s Rights Act (CVRA).18 MCR 3.932(B); see also MCL 712A.2f(5).
If the preliminary hearing is to continue, the court must advise the juvenile, in plain language and on the record, of:
“(a) the right to an attorney pursuant to MCR 3.915(A)(1);[19]
(b) the right to trial by judge or jury on the allegations in the petition and that a referee may be assigned to hear the case unless demand for a jury or judge is filed pursuant to MCR 3.911 or [MCR] 3.912;[20] and
(c) the privilege against self-incrimination and that any statement by the juvenile may be used against the juvenile.” MCR 3.935(B)(4)(a)-(c).
If the juvenile is charged with a status offense, the court must ask whether the juvenile or a parent is a member of an Indian tribe. MCR 3.935(B)(5). “If the court knows or has reason to know the child is an Indian child, the court must determine the identity of the tribe and comply with MCR 3.905 before proceeding with the hearing.” MCR 3.935(B)(5).21
5.Opportunity to Deny or Plead to the Allegations
“The juvenile must be allowed an opportunity to deny or otherwise plead to the allegations.” MCR 3.935(B)(6).22
6.Authorizing the Filing of the Petition
When a judge or referee gives written permission to proceed with placement on the formal calendar, the petition is “authorized to be filed.” MCR 3.903(A)(21). “Until a petition is authorized, it remains on the informal calendar.”23 Id.
Unless the preliminary hearing is adjourned, the court must decide whether to authorize the filing of the petition. MCR 3.935(B)(7). “The court may authorize a petition to be filed and docketed on the formal calendar if it appears to the court that formal court action is in the best interest of the juvenile and the public.” MCR 3.932(D).
If the court authorizes the filing of the petition, the court must:
“(a) determine if biometric data[24] must be taken as provided by MCL 712A.11(5) and MCR 3.936; and
(b) determine if the juvenile should be released, with or without conditions, or detained, as provided in [MCR 3.935(C)-(F)].” MCR 3.935(B)(7).25
G.Decision Whether to Release or Detain Juvenile
MCL 712A.2(i) provides, in relevant part:
“In a proceeding under [the Juvenile Code] concerning a juvenile’s care and supervision, the court may issue orders affecting a party as necessary[ until] . . . May 1, 2018. As used in this subdivision, ‘party’ means 1 of the following:
(i) In a delinquency proceeding, the petitioner and juvenile.”
MCR 3.935(C)(1) lists factors that the court must consider to determine whether a juvenile is to be released, with or without conditions, or detained:
“(a) the juvenile’s family ties and relationships,
(b) the juvenile’s prior delinquency record,
(c) the juvenile’s record of appearance or nonappearance at court proceedings,
(d) the violent nature of the alleged offense,
(e) the juvenile’s prior history of committing acts that resulted in bodily injury to others,
(f) the juvenile’s character and mental condition,
(g) the court’s ability to supervise the juvenile if placed with a parent or relative, and
(h) any other factor indicating the juvenile’s ties to the community, the risk of nonappearance, and the danger to the juvenile or the public if the juvenile is released.”
The court must explain its decision either on the record or in a written memorandum. MCR 3.935(C)(2). However, the court need not make findings on each of the factors listed in MCR 3.935(C)(1). MCR 3.935(C)(2). A “juvenile may be detained pending the completion of the preliminary hearing if the conditions for detention under [MCR 3.935(D)26] are established.” MCR 3.935(B)(8).
The court must advise a juvenile of their appellate rights set forth in MCR 3.937 at the conclusion of any delinquency hearing at which the court orders that the juvenile be removed from a parent’s care and custody. MCR 3.937(A).27
Under MCR 3.935(D)(1), a juvenile may be ordered detained or continued in detention if probable cause exists to believe that the juvenile committed the offense, the results of the detention screening tool have been considered pursuant to MCR 3.907, and one or more of the following circumstances are present:
“(a) the offense alleged is so serious that release would endanger the public safety;
(b) the juvenile is charged with an offense that would be a felony if committed by an adult and will likely commit another offense pending trial, if released, and
(i) another petition is pending against the juvenile,
(ii) the juvenile is on probation, or
(iii) the juvenile has a prior adjudication, but is not under the court’s jurisdiction at the time of apprehension;
(c) there is a substantial likelihood that if the juvenile is released to the parent, guardian, or legal custodian, with or without conditions, the juvenile will fail to appear at the next court proceeding;
(d) the home conditions of the juvenile make detention necessary;
(e) the juvenile has run away from home;[28]
(f) the juvenile has failed to remain in a detention facility or nonsecure facility or placement in violation of a valid court order; or
(g) pretrial detention is otherwise specifically authorized by law.”
See also MCL 712A.15(2), which authorizes pretrial detention and additionally provides that the following children may be detained pending a hearing:29
“(b) Those who have a record of unexcused failures to appear at juvenile court proceedings.
* * *
(e) Those who have allegedly violated a personal protection order and for whom it appears there is a substantial likelihood of retaliation or continued violation.
(f) Those who have allegedly violated a court order under [MCL 712A.2(a)(2)-(4).]” MCL 712A.15(2)(b); MCL 712A.15(2)(e); MCL 712A.15(2)(f).
See Schall v Martin, 467 US 253, 256-257 (1984) (upholding the constitutionality of a state’s “preventive detention” statute, which allowed for pretrial detention if there was a serious risk of the juvenile committing another crime before the next court hearing).30
Committee Tip:
“Court intake workers,” referees, or detention personnel often make the initial detention determination. Courts may wish to promulgate a local administrative order meeting the requirements of MCR 3.934(B)(2). A copy of the administrative order may then be given to each law enforcement agency in the court’s geographic jurisdiction.
“The juvenile may contest the sufficiency of evidence by cross-examination of witnesses, presentation of defense witnesses, or by other evidence. The court shall permit the use of subpoena power to secure attendance of defense witnesses. The Michigan Rules of Evidence do not apply, other than those with respect to privileges.” MCR 3.935(D)(3).
“A juvenile may waive the probable cause determination required by [MCR 3.935(D)(1)] only if the juvenile is represented by an attorney.” MCR 3.935(D)(2).
2.Use of Probable Cause Finding in Automatic Waiver Proceedings
In an automatic waiver case, the magistrate must transfer the case “back” to the Family Division if, at the conclusion of the preliminary examination, the magistrate finds that no probable cause exists to believe that a specified juvenile violation occurred or that no probable cause exists to believe that the juvenile committed the specified juvenile violation, but that some other offense occurred, and probable cause exists to believe that the juvenile committed that other offense. MCL 766.14(2); MCR 6.911(B).
The Family Division must hear and dispose of a case transferred pursuant to MCL 766.14 in the same manner as if the case had commenced in the Family Division. MCR 3.939(A). “A petition that has been approved by the prosecuting attorney must be submitted to the court.” Id. The Family Division “may use the probable cause finding of the magistrate made at the preliminary examination to satisfy the probable cause requirement of MCR 3.935(D)(1).” MCR 3.939(B).
3.Use of Probable Cause Finding in Traditional Waiver Proceedings
The court need not conduct the first phase of a traditional waiver hearing if the court has found the requisite probable cause during the pretrial detention determination at a preliminary hearing under MCR 3.935(D)(1), provided that at the earlier hearing only legally admissible evidence was used to establish probable cause that the offense was committed and probable cause that the juvenile committed the offense. MCR 3.950(D)(1)(c)(i).
I.Conditional Release of a Juvenile Pending Resumption of a Preliminary Hearing, Further Order, or Trial
MCR 3.935(E)(1) states:
“(1) The court may release a juvenile to a parent pending the resumption of the preliminary hearing, pending trial, or until further order without conditions, or, if the court determines that release with conditions is necessary to reasonably ensure the appearance of the juvenile as required or to reasonably ensure the safety of the public, the court may, in its discretion, order that the release of the juvenile be on the condition or combination of conditions that the court determines to be appropriate, including, but not limited to:
“(a) that the juvenile will not commit any offense while released,
“(b) that the juvenile will not use alcohol or any controlled substance or tobacco product,
“(c) that the juvenile will participate in a substance abuse assessment, testing, or treatment program,
“(d) that the juvenile will participate in a treatment program for a physical or mental condition,
“(e) that the juvenile will comply with restrictions on personal associations or place of residence,
“(f) that the juvenile will comply with a specified curfew,
“(g) that the juvenile will maintain appropriate behavior and attendance at an educational program, and
“(h) that the juvenile’s driver’s license or passport will be surrendered.”31
1.Violations of Conditions of Release
If a juvenile allegedly violates a condition of release and the court has consulted the results of the detention screening tool as provided under MCR 3.907, the court may order the juvenile to be apprehended and detained immediately. MCR 3.935(E)(2). After providing the juvenile with an opportunity to be heard regarding the alleged violation, the court may modify the juvenile’s conditions of release or revoke the juvenile’s release. Id.
a.Right to Post Bail
“In addition to any other conditions of release, the court may require a parent, guardian, or legal custodian to post bail.” MCR 3.935(F). A parent, guardian, or custodian has a right to give bond or other security for a juvenile’s appearance at trial. MCL 712A.17(3).
MCR 3.935(F)(1) gives a parent, guardian, or legal custodian the option of posting a surety bond or cash bail:
“The court may require a parent, guardian, or legal custodian to post a surety bond or cash in the full amount of the bail, at the option of the parent, guardian, or legal custodian. A surety bond must be written by a person or company licensed to write surety bonds in Michigan. Except as otherwise provided by this rule, MCR 3.604 applies to bonds posted under this rule.”
Unless the court requires a surety bond or full cash bail as provided in MCR 3.935(F)(1), the court must advise the parent, guardian, or legal custodian that he or she can satisfy the monetary requirement of bail by:
“(a) posting either cash or a surety bond in the full amount of bail set by the court or a surety bond written by a person or company licensed to write surety bonds in Michigan, or
“(b) depositing with the register, clerk, or cashier of the court currency equal to 10 percent of the bail, but at least $10.” MCR 3.935(F)(2).
c.Revocation or Modification of Bail
“The court may modify or revoke the bail for good cause after providing the parties notice and an opportunity to be heard.” MCR 3.935(F)(3).
d.Return or Forfeiture of Money Bail
MCR 3.935(F)(4)-(5) discuss the return or forfeiture of money bail:
“(4) Return of Bail. If the conditions of bail are met, the court must discharge any surety.
“(a) If disposition imposes restitution, the bail money posted by the parent must first be applied to the amount of restitution, and the balance, if any, returned.
“(b) If the juvenile is discharged from all obligations in the case, the court shall return the cash posted, or return 90 percent and retain 10 percent if the amount posted represented 10 percent of the bail.
“(5) Forfeiture. If the conditions of bail are not met, the court may issue a writ for the apprehension of the juvenile and enter an order declaring the bail money, if any, forfeited.
“(a) The court must immediately mail notice of the forfeiture order to the parent at the last known address and to any surety.
“(b) If the juvenile does not appear and surrender to the court within 28 days from the forfeiture date, or does not within the period satisfy the court that the juvenile is not at fault, the court may enter judgment against the parent and surety, if any, for the entire amount of the bail.”
J.Permitted Placements Following Preliminary Hearing
As a general rule, a juvenile “must be placed in the least restrictive environment32 that will meet the needs of the juvenile and the public, and that will conform to the statutory requirements of MCL 712A.15 and [MCL] 712A.16.” MCR 3.935(D)(4).
If a complaint is authorized following a preliminary hearing, a juvenile may be placed in any of the following “pending investigation and hearing”:
“(a) In the home of the child’s parent, guardian, or custodian.
(b) If a child is within the court’s jurisdiction under [MCL 712A.2(a) (criminal and status offenses)], in a suitable foster care home subject to the court’s supervision. . . .
(c) In a child care institution or child placing agency licensed by the department to receive for care children within the jurisdiction of the court.
(d) In a suitable place of detention.” MCL 712A.14(3).33
See Section 3.5 and Section 3.6 for in-depth discussion of places of detention for alleged delinquents and status offenders.34 See Section 3.10 for a brief discussion of detention of Indian children.