§ 200.1. Scope.
(a) These standards shall be applied in determining whether a juvenile who is alleged to be or has been found to be delinquent may be detained. A juvenile who is alleged to be or has been found to be a dependent child may not be detained in a secure detention facility unless the child is also alleged to be or has been found to be delinquent.
(b) Even though eligibility criteria may indicate that a particular juvenile may be detained, detention is not mandatory. In every situation in which secure detention is to be considered, forms of control short of secure detention which could substantially reduce the risk of flight or danger to the juvenile or the community shall be given preference.
(c) Preadjudication detention may never be imposed as a means of punishment or to apply sanctions.
(d) Secure detention is not to be used when a juvenile alleged to be delinquent cannot be released solely because there is no parent, guardian or custodian able to assume responsibility or adequately supervise the juvenile.
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