The issue of release or detention regarding the juvenile is provided under 18 U.S.C.A. § 5034. A juvenile can be detained pending disposition of his case only for limited reasons. If upon a hearing the magistrate determines that the detention of the juvenile is (1) required to secure timely appearance before the appropriate court, or (2) to ensure the safety of the juvenile or that of others, the juvenile may be ordered detained. There are no provisions for posting bond, and the juvenile must be represented by counsel. Id. If the juvenile has not been discharged before his initial appearance, and detention is not ordered, he must be released. Id. Therefore, the court is to either release the juvenile to his parents or guardians, or detain him.
Updated December 18, 2015