(a) A child alleged to be delinquent shall not be placed in detention care prior to a fact finding hearing unless it appears from available information that detention is required and:
(1) the child is a fugitive; or
(2) the child requests protection in writing in circumstances that present an immediate threat of serious physical injury; or serious physical injury; or
(3) the child is charged with murder, rape in the first degree, robbery in the first degree, burglary in the first degree, or arson in the first degree; or
(4) the child is charged with a delinquent act which, if committed by an adult, would be a felony and:
(A) the child is already detained or on conditioned release or on probation in connection with another delinquency proceeding, or
(B) the child has a demonstrable recent record of willful failures to appear at Family Division proceedings, or
(C) the child has a demonstrable recent record of violent conduct resulting in physical injury to others, or
(D) the child has a recent record of adjudications for serious property offenses, or
(E) there is reason to believe the child will intimidate witnesses; and there is no less restrictive alternative that will reduce the risk of flight, or of serious harm to property, or to the physical safety of the child or others.
(b) A child alleged to be a person in need of supervision shall not be placed in shelter care unless it appears from available information that shelter care is required; and
(1) it is in the best interest of the child in that it is necessary to protect the person of the child; or
(2) because the child has no parent, guardian, custodian or other person or agency able to provide supervision and care for the child and the child appears to be unable to care for himself.
(c) A child alleged to be a person in need of supervision, neglected or abused shall not be placed in detention care.
(d) The criteria for placement in detention care or shelter care in this section shall govern the decisions of all persons responsible for determining whether detention or shelter care is warranted prior to the court's disposition.
(e) Bail shall not be applicable to children detained in accordance with this chapter.