9.2 - Detained Juveniles

(a) In General

There are special procedures for juveniles in federal custody, whether they are accompanied or unaccompanied.  See generally 8 C.F.R. § 1236.3.  For purposes of this chapter, a juvenile is defined as a noncitizen under 18 years of age.  An unaccompanied juvenile is defined as a noncitizen under 18 years of age who does not have a parent or legal guardian in the United States to provide care and physical custody.

(b)  Place and Conditions of Detention

The Department of Homeland Security (DHS) bears the initial responsibility for apprehension and detention of juveniles.  When DHS determines that a juvenile is accompanied by a parent or legal guardian, DHS retains responsibility for the juvenile’s detention and removal.  When DHS determines that a juvenile is unaccompanied and must be detained, they are transferred to the care of the Department of Health and Human Services, Office of Refugee Resettlement, which provides for the care and placement, where possible, of the unaccompanied juvenile.  See 6 U.S.C. § 279.

(c) Representation and Conduct of Hearing

For provisions regarding the representation of juveniles, and the conduct of hearings involving juveniles, see Chapter 4.22 (Juveniles).

(d) Release

Unaccompanied juveniles who are released from custody are released to a parent, a legal guardian, an adult relative who is not in Department of Homeland Security detention, or, in limited circumstances, to an adult who is not a family member.