Questions and Answers
When a juvenile is arrested, what is the officer's responsibility regarding the child's parents or custodians?
Where can a juvenile be taken for the completion of paperwork and the booking process?
What information must an officer provide to the Communications Center when transporting a juvenile?
What is the officer's responsibility regarding a juvenile who needs medical treatment?
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What document can be issued to a juvenile in lieu of a Notice to Appear?
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What should an officer do when they develop probable cause to arrest a juvenile but cannot locate the juvenile?
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Under what circumstances can a law enforcement officer take a juvenile into custody?
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How can a juvenile be taken into custody?
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What is the officer's responsibility regarding booking procedures for a juvenile?
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What is the purpose of notifying the Communications Center when transporting a juvenile?
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Study Notes
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.
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Description
This quiz covers the police procedures for arresting and charging juveniles under the age of 7 for forcible felonies. It outlines the necessary authorizations and notifications required in such cases.
