R.I. R. Juv. P. 8

(a) Emergency Detention. When an

officer so authorized by law arrests a child believed to be delinquent or wayward

and represents to the court that circumstances require immediate detention of the

child for the child's own protection or that of the public, the court may, to the extent

permitted by law, authorize such detention until the next court day when the child

shall be presented to the court.

(b) Hearing on Temporary Detention. When a child is brought before the court

before or after the filing of a petition on sworn representation of an appropriate

person as to circumstances necessitating immediate detention for the protection of

the child or of the public, the court shall provide for consultation between the child

and the public defender or other available attorney. If an attorney is not available for

such consultation, the court may order detention for one (1) court day in order that

an attorney may be obtained. Following such consultation, the court may order

detention of the child for a period not to exceed five (5) days in Providence/Bristol

County and not to exceed seven (7) days in Kent, Newport, and Washington

Counties. The order shall include a statement of the reasons for the temporary

detention. If a petition has not been filed, the court shall waive the intake process

and authorize the filing of a petition and service of the summons. The child and the

child's parent, guardian, or other custodian shall be informed in writing of the right

to choose an attorney and of the right of the child to the services of the public

defender if financially unable to retain an attorney.

(c) Probable Cause Hearing. When the court has ordered the temporary

detention of a child pursuant to subdivision (b) of this rule, unless waived on the

record or in writing by the respondent, a hearing shall be held within five (5) days

in Providence/Bristol County and within seven (7) days in Kent, Newport, and

Washington Counties on written notice to the child and the child's parent, guardian,

or other custodian to determine whether probable cause exists with respect to the

allegations of delinquency or waywardness and as to the need for further detention

for the protection of the child or the public. Such hearing may be combined with the

commencement of the adjudicatory hearing.

(d) Detention Order Pending Adjudication. A detention order pending

adjudication of the case shall set forth the facts and reasons for the detention. The

detention shall not exceed thirty (30) days, except that for cause shown the detention

may be extended. The adjudicatory hearing shall be expedited in any case in which

such detention has been ordered.

(e) Detention for Violation of a Valid Court Order. Prior to detaining a child

at the Rhode Island Training School for a violation of a valid court order, the court

shall conduct a hearing and determine that the child intentionally violated the order

and that the violation involves the failure of the child to engage in services or

activities intended to protect or promote the child's health or safety or the health or

safety of any other person.

(f) Hearing in Providence/Bristol County. Any hearing required by this rule

may be held in Providence/Bristol County where the unavailability of an attorney or

the schedule of the court precludes hearing in the county in which the case is

pending.