Detention or shelter care of child prior to hearing on petition

(a) A child taken into custody shall not be detained or placed in shelter care prior to the hearing on the petition unless there is probable cause to believe that the child: (A) A person under eighteen (18) years of age. See Tennessee Code 37-1-102Court order: means any order or decree of a judge, magistrate or court of competent jurisdiction. See Tennessee Code 37-1-102Custodian: means a person, other than a parent or legal guardian, who stands in loco parentis to the child or a person to whom temporary legal custody of the child has been given by order of a court. See Tennessee Code 37-1-102Custody: means the control of actual physical care of the child and includes the right and responsibility to provide for the physical, mental, moral and emotional well-being of the child. See Tennessee Code 37-1-102Dependent: A person dependent for support upon another.Detention: means temporary confinement in a secure or closed type of facility that is under the direction or supervision of the court or a facility that is designated by the court or other authority as a place of confinement for juveniles. See Tennessee Code 37-1-102Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.Juvenile court: means the general sessions court in all counties of this state, except in those counties and municipalities in which special juvenile courts are provided by law, and "judge" means judge of the juvenile court. See Tennessee Code 37-1-102Nonjudicial days: means Saturdays, Sundays and legal holidays. See Tennessee Code 37-1-102Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105Probable cause: A reasonable ground for belief that the offender violated a specific law.Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.Probation: means casework service as directed by the court and pursuant to this part as a measure for the protection, guidance, and well-being of the child and child's family. See Tennessee Code 37-1-102Property: includes both personal and real property. See Tennessee Code 1-3-105Shelter care: means temporary care of a child in physically unrestricted facilities. See Tennessee Code 37-1-102Unruly child: means a child in need of treatment and rehabilitation who:(A) Habitually and without justification is truant from school while subject to compulsory school attendance under §. See Tennessee Code 37-1-102written: includes printing, typewriting, engraving, lithography, and any other mode of representing words and letters. See Tennessee Code 1-3-105(1) Has committed the delinquent or unruly act with which the child is charged; or (2) Is a neglected, dependent or abused child, and in either case the child’s detention or shelter care is required because the child is subject to an immediate threat to the child’s health or safety to the extent that delay for a hearing would be likely to result in severe or irreparable harm, or the child may abscond or be removed from the jurisdiction of the court, and in either case, there is no less drastic alternative to removal of the child from the custody of the child’s parent, guardian, legal custodian or the person who physically possesses or controls the child available that would reasonably and adequately protect the child’s health or safety or prevent the child’s removal from the jurisdiction of the court pending a hearing. (b) Children alleged to be unruly shall not be detained for more than twenty-four (24) hours, excluding nonjudicial days unless there has been a detention hearing and a judicial determination that there is probable cause to believe the child has violated a valid court order, and in no event shall such a child be detained for more than seventy-two (72) hours exclusive of nonjudicial days prior to an adjudicatory hearing. Nothing herein prohibits the court from ordering the placement of children in shelter care where appropriate, and such placement shall not be considered detention within the meaning of this section. (c) A child shall not be detained in any secure facility or secure portion of any facility unless: (1) There is probable cause to believe the child has committed a delinquent offense constituting: (A) A crime against a person resulting in the serious injury or death of the victim or involving the likelihood of serious injury or death to such victim; (B) The unlawful possession of a handgun or carrying of a weapon, as prohibited by title 39, chapter 17, part 13; (C) Burglary, under § 39-13-1002, aggravate