What must happen when a juvenile is placed in a jail not approved for the detention of juveniles?

• A. The juvenile is entitled to immediate release from custody.
• B. The juvenile must remain until a court hearing.
• C. The juvenile must be transferred to an adult facility.
• D. The juvenile's case is dismissed.

Answer: (A)

Juveniles must be detained only in facilities approved for juvenile detention. Keeping a young person in a jail that isn’t approved for juvenile detention violates protections and standards designed to safeguard their rights and well-being, including appropriate supervision and access to juvenile-specific services. Because of that, the immediate and legally required action is to release the juvenile from custody so they aren’t unlawfully detained. After release, the case can proceed in the proper juvenile setting or be placed with the appropriate next-step disposition under court authority. Continuing detention in an unapproved facility or delaying the process there isn’t allowed, and dismissal isn’t the remedy for this issue.