Law Enforcement Procedures for Juvenile Custody

Taking Juvenile into Custody

• A deputy can arrest a juvenile if they have probable cause to believe the juvenile committed an arrestable offense.
• The deputy must prepare an Incident Report and Juvenile Transcript.
• The juvenile must not be placed in a vehicle with an arrested adult unless the adult is involved in the same offense or transaction.
• Priority treatment is given to a juvenile needing emergency medical aid.
• The deputy must decide if the juvenile meets the criteria for a Civil Citation or release to a parent, legal custodian, or JAC.
• The deputy must notify the juvenile's parent or legal custodian of their location and impending charges.

Arrest or Detention of Juvenile 12 Years of Age and Younger

• When a juvenile aged 12 or younger is arrested, the deputy must contact the State Attorney's Juvenile Division for consultation on whether to transport the juvenile to JAC.
• If no ASA is available, the deputy must call the JAC for a preliminary scoring decision.
• The deputy must document the ASA/JAC notification and decision in the Incident Report.

Transportation to JAC

• The deputy must transport the juvenile to JAC without unreasonable delay.
• The deputy must notify Communications of the juvenile's presence in the vehicle, current location, expected destination, and starting and ending mileage.
• Any delay en-route must be reported.

Violation of Probation

• If a deputy finds probable cause to believe the juvenile is in violation of probation, they must contact the Department of Juvenile Justice to ascertain the active court status of the juvenile.
• The deputy must complete a Juvenile Transcript containing the original charge, case number, specific violation of court-ordered stipulations, and date and time of contact with DJJ staff.
• The deputy must transport the juvenile to JAC.

Release to Parent, Legal Custodian, or Shelter

• If a juvenile is to be released to a parent or legal custodian, the deputy must follow the process outlined in SPM Disposition of Juvenile Taken into Custody.
• If the parent, guardian, legal custodian, or DJJ intake refuses to take custody, the deputy must attempt to contact the Covenant House or Lippman Center for assistance.
• If the juvenile cannot be provided with temporary shelter care, the Florida Abuse Hotline must be notified.

Disposition of Juvenile Charged with Traffic Offenses

• Juveniles charged with noncriminal and misdemeanor infractions are issued traffic citations and released on their own recognizance.
• Juveniles charged with criminal traffic offenses are issued traffic citations and:
  • Released on their own recognizance.
  • Released to a parent, legal custodian, or responsible adult.
• If juveniles are charged with criminal felony traffic offenses, deputies must issue traffic citations, complete Juvenile Transcripts and Incident Reports, and transport them to JAC for processing.

Not in Custody / Juvenile Referrals

• Juvenile referral arrest forms are forwarded directly to the Office of the State Attorney.
• The State Attorney notifies BSO if additional information is needed.