Juvenile Arrest Procedure

Juvenile Arrest Procedures

• Officers must obtain authorization from the on-duty watch commander before arresting a juvenile under 7 years old for a forcible felony.
• If a juvenile under 7 years old is arrested or charged, the chief shall be notified.

Alternatives to Arrest

• Officers should consider alternatives to physical arrest, such as issuing a Juvenile Civil Citation, when other resources would be more effective in handling the juvenile.
• Juveniles arrested for misdemeanor or felony offenses or issued citations will be processed as juveniles.

Alternative Remedies

• Release at the scene with no further action
• Parental release from the police station with sanctions supervised by the Department of Juvenile Justice
• Issuing juvenile civil citations, written citations, or releasing them with a court date for non-violent misdemeanor offenses
• Referral to the State Attorney's Office to consider criminal charges when the member does not believe a physical arrest is necessary

Criteria for Referral

• Nature of the offense
• Age of the offender and circumstances involved
• Criminal record or history of the juvenile
• Position and attitude of all parties involved (child, parent, victim)
• Degree of wrongful intent, violence, premeditation, knowledge of violation
• Attitude of the juvenile
• Available community-based rehabilitation programs

Release of Juveniles

• Before releasing a juvenile to a responsible adult (other than the parent, guardian, or legal custodian), a criminal history check will be conducted on the perspective responsible adult.
• If the person has a prior felony conviction or a conviction for child abuse, drug trafficking, or prostitution, they do not qualify as a responsible adult and the juvenile will not be released to them.
• Members will document who the juvenile was released to and the circumstances surrounding such release in the narrative of the respective incident report.

Juvenile Civil Citation

• A juvenile cited through the issuance of a Juvenile Civil Citation may be released from the location of contact or transported to the police department for processing and released to a parent or guardian.
• Before releasing a juvenile with a civil citation, the arresting officer shall ensure that the juvenile meets the criteria regarding Juvenile Civil Citation.

Procedures for Arrest of a Juvenile

• When a juvenile is arrested, the arresting officer shall take the juvenile into custody and prepare a charging affidavit.
• The officer shall make a reasonable effort to notify the child's parents or custodians of the arrest and location where the juvenile will be taken.
• Juveniles may be taken to the Apopka Police Department or directly to JAC for the completion of paperwork and the booking process.

Transportation of Juveniles

• When transporting a juvenile, notify the Communications Center of the presence of the juvenile, the beginning mileage, the destination, and the ending mileage upon arrival at the destination.
• Transport the juvenile to the police station for booking procedures and on to intake without undue delay, unless the juvenile needs medical treatment.

Filing of Charges

• A charging affidavit shall be prepared and forwarded, along with the Juvenile Release Agreement and all other case documents, to the State Attorney's Office for review of charges.
• A Notice to Appear shall not be issued to a juvenile as no authority exists for the issuance of a Notice to Appear for juvenile offenders in the Ninth Judicial Circuit. Only a Juvenile Release Agreement shall be used.

Criminal Justice System

• A law enforcement officer has the authority to take a child into custody under the same circumstances, and in the same manner as an adult.
• Juveniles may be taken into custody via a charging affidavit documenting violation(s) of criminal law or a court order directing the child to be apprehended.