Opinion
No.2020-CK-00995
08-14-2020
STATE of Louisiana in the INTEREST OF I.B.
Genovese, J., would grant and assigns reasons.
I would grant this writ, as I find that the juvenile must be released from custody pursuant to the clear and unambiguous language of La. Ch.C. art. 819, which provides (emphasis added):
If a child is not released to the care of his parents, the court shall set and hold a hearing within three days after
the child's entry into the juvenile detention center or shelter care facility . The three-day period includes any day that is included as a legal holiday under Article 114. When the last day of the three-day period is a legal holiday, the hearing shall be set and held on the next business day that is not a legal holiday. If the hearing is not held, the child shall be released unless the hearing is continued at the request of the child.
In this case, the juvenile was arrested on Friday, August 7, 2020; therefore, pursuant to La. Ch.C. art. 819, his continued custody hearing was mandated to occur no later than Monday, August 11, 2020. I find that the Trial Court's sua sponte continuance of the continued custody hearing in this case "for good cause," over the objection of the juvenile, impermissibly disregarded the unequivocal, plain language requirements of this statute; thus, La. C.Ch. art. 819 dictates that the juvenile shall be released from custody. Accordingly, I would grant the juvenile's writ and order that he be released from custody under the unambiguous and mandatory language of La. Ch.C. art. 819.