skip to Main Content
Name: In re Kerry K.
Case #: C050968
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 05/01/2006
Summary

The juvenile court erred when it denied the minor’s request to be released from detention following the continuance of his jurisdictional hearing beyond the statutory limitation of seven days under Rule 1486(a)(1). Although the matter was moot given the minor’s release, the issue still had to be resolved on public interest grounds. Rule 1486(a)(1) states that where a minor has consented to a continuance, the statutory limit for detention is seven days after the date to which the hearing has been continued. The legislative history of the statute reflects an intent that juvenile hearings proceed without delay. The alternative proposed by the Attorney General – that a minor may be kept indefinitely in detention as long as a continuance has been granted for good cause – contravenes this intent.