§571-31.1  Standard for detention.  (a) 
As used in this chapter, "protection of the community" means there is
a threat to, and a necessity to protect, the person or property of others from:



(1)  A minor who is alleged to have committed an
offense which caused physical harm, or a threat of physical harm, to another
person; or



(2)  A minor who is alleged to have committed an
offense which caused damage to, or theft of, property; and



(A)  The minor's record reveals a pattern of
behavior which has caused damage to, or loss of, property; and



(B)  Previous control measures have failed.



(b)  As used in this chapter, "immediate
welfare" means:



(1)  The minor is in physical, emotional, or
psychological danger, or may be prior to the court's disposition;



(2)  No parent or other responsible adult known to the
decision-maker is willing and able to provide the type and degree of
supervision necessary to protect the minor from that danger;



(3)  No other secure facility is appropriate and
available.



(c)  In determining whether the immediate
welfare or the protection of the community requires a minor's detention, an
officer or other person may take into consideration the following, among other
pertinent factors:



(1)  The severity of the violation or violations which
the child is reasonably believed to have committed;



(2)  The frequency with which the child is reasonably
believed to have committed such or other violations;



(3)  The child's age, character, physical, and mental
health;



(4)  The interpersonal relationships between the
child, the family, and the community; and



(5)  Any previous history of referrals to the court.
[L 1980, c 303, §4(3)]