P.R. Laws Ap. tit. 34A, § 1–A, Rule 2.13

2019-02-21 00:00:00+00
Rule 2.13. Summons; provisional detention of the minor

Once the determination of probable cause has been established, the judge shall proceed to determine if the minor can remain in the custody of his parents or guardians, or if he should order his detention until the day of the adjudicative hearing. Whenever possible, the judge shall let the minor remain in the custody of his parents or a responsible person, with their written and signed promise that they will appear in court with the minor on the determined date for the corresponding procedures. The judge shall admonish them that their failure to appear at the adjudicative hearing conveys the immediate detention of the minor and the arrest for contempt of his parents or guardians or, in the pertinent cases, the court may, in their absence, waive its jurisdiction or that he may hold the adjudicative hearing in their absence.

A detention order for a minor shall not be entered prior to the adjudicative hearing unless:

(1) It is required for the safety of the minor, or the latter constitutes a risk for the community.

(2) The minor refuses to, or is mentally or physically unable to state his name, his parents’ or guardians’ names and the address of his residence.

(3) There are no responsible people willing to assume the minor’s custody and to guaranty his appearance during subsequent proceedings.

(4) The minor [has] absconded or has a history of noncompliance with appearance orders.

(5) The minor has been found before in violations which, perpetrated by an adult, constituted felonies and probable cause has been established for the new violation, for which he may be deemed a serious threat for public order.

(6) The minor, duly summoned, does not appear at the hearing to determine probable cause, and said probable cause is determined in his absence.

History —June 19, 1987, No. 33, p. 105, § 1.