Juvenile Arrest Procedure

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Questions and Answers

When must an officer provide written documentation explaining the reason for an arrest involving a juvenile suspect?

The officer must provide written documentation if an arrest is made, NTA issued, or FSAO filed, and a JCC is not being issued.

What is the purpose of the Order related to juveniles in the Apopka Police Department?

To enforce strict punitive measures against juveniles

To allow juveniles to make their own decisions without adult interference

To describe the circumstances under which adults will be treated as juveniles

To provide guidelines for members to follow when dealing with juveniles (correct)

What factors should govern the referral of juvenile offenders to intake, physical arrest, or alternative measures?

Criminal record or history of the juvenile (correct)

Position and attitude of all parties involved (correct)

Nature of the offense (correct)

Age of the offender and circumstances involved (correct)

Juveniles who have been adjudicated as adults in Florida will be treated as adults in relation to arrests and custody procedures.

True Signup and view all the answers

Juveniles under thirteen years of age may be handcuffed in any circumstance.

False Signup and view all the answers

What must officers do when encountering ill or injured juveniles in non-criminal situations?

Provide medical attention or summon medical attention without unnecessary delay Signup and view all the answers

Juveniles who are arrested and transported for a violation of law will be fingerprinted and photographed in accordance with ________ law.

Florida Signup and view all the answers

Juveniles may be taken into protective custody when the member has reasonable grounds to believe that the juvenile has been abandoned, abused, neglected, is suffering from illness, injury, or is in immediate danger from his/her surroundings and that removal is necessary to protect the juvenile. The member will provide __________, if necessary.

medical attention Signup and view all the answers

At what age can a child be transported to his or her school?

17 Signup and view all the answers

Juveniles can be searched by a law enforcement member if there is a reasonable belief that they are in possession of a weapon.

True Signup and view all the answers

What should be done with truants in terms of secure detention according to the described procedures?

Truants will not be placed in secure detention. Signup and view all the answers

Juveniles under 14 years of age for the first time should be issued written or verbal warnings for non-criminal traffic offenses to make them aware of the situation and their responsibilities. Contact should be made to a parent, guardian, or responsible adult in order to make them aware of the situation and their ______.

responsibilities Signup and view all the answers

Match the following juvenile procedures with their descriptions:

Juvenile DUI Arrest = Procedure involving notification of parents and transportation to a specific facility Criminal Traffic Offenses = Issuing a traffic citation and taking actions based on the offense Juvenile Records Access = Availability to various agencies and individuals as per legal requirements Signup and view all the answers

Study Notes

General Orders: Juveniles

Effective date: 12-01-21
Purpose: To provide guidelines for members to follow when dealing with juveniles

Legalities

No person under 18 years old will be treated as an adult unless documentation of emancipation or adjudication is readily available
Juveniles adjudicated as adults will be treated as adults in relation to arrests, custody, booking, and detention procedures

Allegations of Juvenile Harm

Members will provide medical attention to ill or injured juveniles without unnecessary delay
If a juvenile is sick or intoxicated, DCF will be notified
Members will consider Baker/Marchman Act when a juvenile is under the influence of a drug or alcohol and unable to care for themselves

Juveniles Engaged in Non-Criminal Behavior

Members are encouraged to warn and disperse juveniles engaged in non-criminal behavior
Members should advise the juvenile's parent or guardian of the incident and explain agency and juvenile justice system procedures

Procedures for Detention/Arrest/Release of Juveniles

Officers should attempt to make initial contact with juveniles a positive experience
Florida law states that a child younger than 7 years old may not be arrested, charged, or adjudicated delinquent for a delinquent act or violation of law
Officers should consider alternatives to arrest, such as issuing a Juvenile Civil Citation
Juveniles arrested for misdemeanor or felony offenses will be processed as juveniles

Alternatives to Arrest

Release at the scene with no further action
Parental release from the police station
Informal referrals to agencies other than the court system
Corrective action by parents
Traffic citations
Juvenile Civil Citations (JCC)

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
Degree of wrongful intent, violence, premeditation, knowledge of violation
Attitude of the juvenile
Available community-based rehabilitation programs

Processing and Detention

Juveniles taken into custody will be processed without undue delay
Juveniles under 13 years old may be handcuffed only when necessary
Removal of handcuffs should be done as soon as practical
A receiving officer will take custody of the child for processing at the JAC
Juveniles who are detained will be fingerprinted and photographed
Fingerprint and photograph records will be retained in a separate file and marked "Juvenile Confidential"

Release and Notification

An active effort to notify the parent or guardian of a juvenile in custody will be made
Notification results will be included in the incident report
Unsuccessful notification attempts must be detailed in the incident report
Juveniles arrested for felonies will be delivered to the JAC
Juveniles arrested for misdemeanors may be released on a Juvenile Release Agreement to a parent, guardian, or legal custodian### Juvenile Civil Citation
A juvenile cited through 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, the arresting officer must ensure the juvenile meets the criteria for a Juvenile Civil Citation.
The officer must:
- Call the Juvenile Screening Unit to ensure the juvenile is eligible for release.
- Conduct a warrants check through teletype.
- Complete a Juvenile Release Agreement.
- Prepare a charging affidavit and forward it to the State Attorney's Office for review.

Run-Aways

A law enforcement officer can take a juvenile into custody if they have reasonable grounds to believe the child has run away from their parents, guardian, or legal custodian.
The child should be released to a parent, guardian, legal custodian, or responsible adult relative.
The juvenile may be transported to the Orange County Youth Shelter if the parents or guardian are not available.

Truants

Officers should check on individuals who are under 18 during regular school hours to determine if they are truant.
If the child is believed to be truant, the officer should follow the outlined procedures.
Officers have the authority to take truant juveniles into custody.
The officer should:
- Run the juvenile through FCIC/NCIC.
- Contact the SRO at the juvenile's assigned school to determine the student's status.
- Contact the parent or guardian to respond and take custody of the child.
- If the parent cannot be contacted, contact the Alternative Center for Truancy (ACT).

Alternative Center for Truancy (ACT)

The center receives children between 0730 and 1400.
The center accepts children between 12 and 16 years old.
The child must be a resident of Orange County.
When taking a child to the ACT, the officer should enter through the front door of the facility.

Community Control

An officer who places a juvenile under arrest for violating community control should:
- Have knowledge of the juvenile's community control conditions.
- Obtain a copy of the community control conditions and attach it to the arrest affidavit.
- Transport the juvenile to the JAC.

Juvenile Traffic Offenses and Intoxicated Juveniles

Non-criminal traffic violators 14 years or older should be issued UTCs or warnings.
First-time violators under 14 years old should be issued written or verbal warnings.
A juvenile charged with a criminal traffic offense will be issued a traffic citation and released to a parent, custodian, or responsible adult.
The officer should:
- Attach a copy of the citation to the charging affidavit.
- Forward the citation to the traffic court.

Juvenile DUI Arrest

The same procedures for DUI arrests should be followed for juveniles and adults.
The officer should:
- Notify the juvenile's parents or guardian of the arrest.
- Process the juvenile for DUI and then transport them to the Juvenile Addiction Receiving Facility (JARF).
- If JARF is unable to accept the juvenile, they can be released to a parent or legal guardian.

Juvenile Records

Juvenile records will be available to:
- Law enforcement agencies
- State Attorney's Office
- The courts
- The child
- The parent(s) or legal guardian(s)
- Their attorney(s)
- Any other person authorized by the court

Procedures for Arrest of a Juvenile

When a juvenile is arrested, the officer should:
- Take the juvenile into custody and prepare a charging affidavit.
- Make a reasonable effort to notify the child's parents or custodians of the arrest and location.
- Transport the juvenile to the police station for booking procedures.
- File an arrest affidavit with the notation "At Large" when an officer develops probable cause to arrest a juvenile and the juvenile cannot be located.

Custodial Interview

Constitutional rights of juveniles will be protected.
Miranda rights will be given verbally and, when possible, a Miranda waiver form will be signed prior to questioning.
The parent or guardian may be present during the interview, but they cannot make the decision for the juvenile to invoke or waive their rights.
No more than two persons should interview juveniles during any interview session.

Notification of School Authorities

Notification of school authorities regarding the arrest of a juvenile will be in accordance with Orange County Schools Superintendent Notification requirements.
When conducting interviews or arrests within a school, the officer should:
- Notify the sergeant in charge of the school resource officer program.
- Notify the school principal, dean, or other appropriate person in charge.

Found Child

If a child is found and unable to supply information about their identity, the officer should:
- Bring the child to the police station.
- Contact DCF to make temporary shelter arrangements.
- Contact surrounding agencies to determine if they are working a missing child case.
- Consult with their supervisor to consider the help of the public information officer to solicit assistance from the electronic media.

Juvenile Affairs Section

Members assigned to the Juvenile Affairs Section include members of the school liaison program (School Resource Officers) and are expected to engage in:
- Truancy enforcement
- Role modeling
- Mentoring
- Promoting youth programs and diversionary efforts
- Instruction in schools of various topics
- Promoting positive relationships between students and the law enforcement community
- Participating in and/or organizing community recreational youth programs
- Assisting school authorities in the student safety patrol program

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Description

This quiz covers the protocol for arrests involving juvenile suspects, including necessary documentation and reporting procedures. Learn about the requirements for charging affidavits and incident reports.