8415.00 Juveniles.docx

***APOPKA POLICE DEPARTMENT*** **PROCEDURAL** **GENERAL ORDERS** **Effective Date** **12-01-21** **Number** **8415.00** **Subject** **JUVENILES** ❑ New ❑ Rescinds Amends 02-11-20 **Reference** **F.S.S. 984.13** **F.S.S. 985.031** **Reviewer/Approved by** **C. McMaster** **P. Downs**...

***APOPKA POLICE DEPARTMENT*** **PROCEDURAL** **GENERAL ORDERS** **Effective Date** **12-01-21** **Number** **8415.00** **Subject** **JUVENILES** ❑ New ❑ Rescinds Amends 02-11-20 **Reference** **F.S.S. 984.13** **F.S.S. 985.031** **Reviewer/Approved by** **C. McMaster** **P. Downs** **Reevaluation** As Necessary **Application** All Employees **PURPOSE:** The purpose of this Order is to describe the circumstances under which juveniles will become the subject of contacts with members of the department and provide guidelines for members to follow with regard to juveniles. Other sources of guidance include Florida State Statutes (F.S.S.) and the Florida Juvenile Handbook. **DISCUSSION:** It is the policy and fundamental duty of members of the department to protect the youth of Apopka and intervene in the cycle of delinquency through youth programs designed to promote values of educational and personal success and to provide an expeditious referral service for social, economic and psychological problems that might result in dependency, delinquency or violent behavior. When dealing with juveniles, members will use the least coercive method among reasonable alternatives, consistent with preserving public safety, order, and individual liberty. Under circumstances in which a juvenile becomes the subject of contact or arrest, members will attempt to provide all the protection afforded them under Florida State Statutes. **POLICY / PROCEDURE:** I. Legalities: A. No person under eighteen (18) years of age will be treated or regarded as an adult by members unless documentation of "emancipation" to adulthood or "adjudication" to adulthood is readily available (ex. teletype confirmation or court order). B. Juveniles, who have been adjudicated as adults by Florida law, will be treated as adults in relation to arrests, custody, booking and detention procedures. C. Arrests of juveniles suspected of being adjudicated or emancipated as adults require the arresting member to submit an adult probable cause affidavit during the booking process. II. Allegations of Juvenile Harm: D. When encountering ill or injured juveniles, members will do the following: 1. Non-Criminal: a. Medical Attention: Regardless of the purpose of contact, the summoning of medical attention or the application of first-aid for an ill or injured juvenile will be accomplished without unnecessary delay. b. Department of Children and Families (DCF): 1. If a juvenile is sick or intoxicated to the degree that the juvenile is unable to care for himself the member will call for medical attention (EMS). 2. Once medically cleared at the hospital, and if a parent or guardian cannot be contacted, DCF will be notified. 3. Members will consider Baker/Marchman Act when a juvenile is under the influence of a drug or alcohol and unable to care for him or herself. 2. Criminal/Suspicious: c. Medical Attention: Regardless of the purpose of contact, the summoning of medical attention for an ill or injured Juvenile, or the application of first aid, will be done without unnecessary delay. d. Conducting Preliminary Investigation: When contacting a juvenile alleged to have been harmed, the member will make every effort to investigate the nature of the injury and contact the general investigations section (on-call detective) if assistance is necessary. e. Abuse Hot line: The member will contact the current Abuse Registry (The telephone number is available from the Communications Center). DCF will also be notified to respond. E. When encountering juveniles in immediate danger, the following will be adhered to: 3. Immediate Danger: A juvenile is considered to be in immediate danger if the juvenile alleges, or has been reported as being physically, mentally, or sexually abused by a person of familial or custodial authority, and the accused lives within the juvenile's residence or has ready access to the Juvenile. 4. Protective Custody: A juvenile may be taken into protective custody whenever a 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: f. Provide medical attention, if necessary. g. Notify the on-call detective. h. Contact the Abuse Registry. (The telephone number is available from the Communications Center). DCF will be notified to respond. 4. If necessary, the child will be transported to the police department to await DCF. The child will not be considered in custody, nor will they be treated as a criminal. The child will not be placed in the presence of other arrestees, especially adults. 5. When transporting children, the child will be properly restrained in the vehicle utilizing the appropriate restraint for the age of the child, i.e. seatbelt or child carrier. i. The member will complete an incident report and associated paperwork as appropriate and in accordance with Procedural General Orders. III. Juveniles Engaged in or Alleged to have Engaged in Non-Criminal Behavior: F. Members are encouraged to warn and disperse juveniles that they find engaged in or alleged to have engaged in inappropriate activities, disturbances, or other non- criminal misbehavior. G. Whenever practical, members should advise the juvenile's parent or guardian of the incident. Members should confer with the juvenile and parents or guardians and explain agency and juvenile justice system procedures. Alternative programs may be recommended. H. All members should appreciate the discretionary intent of current juvenile law. Its purpose is to allow as many juveniles as practical to be diverted from the formal aspects of the juvenile justice system and be placed into counseling, mentoring, or other alternative programs when in the best interest of the public and the juvenile. I. Members must hold this mandate in consideration when they select legal procedures applicable to juvenile situations that they encounter. IV. Procedures for the Detention/Arrest/Release of Juveniles: J. Law Violations: 5. Officers should attempt to make initial contact with juveniles a positive experience for the juvenile, even when put in an adversarial position. Officers should recognize that juveniles are in various developmental stages and that a juvenile\'s response to situations may appear inappropriate at times. 6. Florida law states that a child younger than seven (7) years of age may not be arrested, charged or adjudicated delinquent for a delinquent act or violation of law based on an act occurring before he or she reaches seven (7) years of age, unless the violation of law is a forcible felony, as defined in F.S.S. j. As soon as practical after it becomes evident that an arrest or the filing of charges is necessary for a juvenile younger than seven (7) for a forcible felony, the officer must obtain authorization from the on-duty watch commander. k. If a juvenile under the age of seven (7) is arrested or charges are filed against a juvenile under the age of seven (7), the chief shall be notified. 7. Officers should consider alternatives, such as issuing a Juvenile Civil Citation, if applicable, to a physical arrest of a juvenile when, in their opinion, other resources would be more effective in handling the juvenile rather than the criminal justice system. 8. Juveniles arrested for misdemeanor or felony offenses or issued citations will be processed as juveniles. 9. Issuing juvenile offenders juvenile civil citations, written citations or releasing them with a court date are available options when a juvenile has committed offenses such as traffic violations, city ordinance violations, or non-violent misdemeanor offenses. Suggested alternative remedies to arrest and procedures that may be used by officers dealing with juvenile offenders are: l. Release at the scene with no further action: 6. Officers will complete a Field Contact Report and then attempt to notify the juvenile's parents regarding the contact. m. Parental release from the police station: 7. The officer will notify the parent/guardian and then transport the juvenile to the Police Department to be picked up by the parent/guardian. If an in-custody warning is the selected method, officers shall complete a Police Information report, documenting the juvenile's actions. n. Informal referrals: 8. An informal referral will be made if, in the opinion of the member, the juvenile needs services that could be provided by agencies other than the court system. Referral agencies to be considered are, but not limited to, the Department of Children and Family Services, the public school system and private counselors. The officer shall complete an information report or a Field Contact report. o. Corrective action by parents 9. The juvenile offender may be released to the parents for corrective action with no further action required by the member. A Field Contact Card will be completed documenting the contact and any action taken. p. Traffic citations 10. Juveniles may be issued traffic citations, up to and including criminal citations where a court appearance is mandatory, in lieu of physical arrest. The issuance of traffic citations to juvenile violators shall be handled in the same manner as stipulated for adult traffic violators. q. Juvenile Civil Citations (JCC) 11. Civil citations may be utilized for non-violent misdemeanor offenses and City Ordinance Violations and should be the first option if the crime committed qualifies and the juvenile is eligible to be given a civil citation. The member utilizing a citation will complete the required paperwork. The juvenile will be required to complete sanctions supervised by the Department of Juvenile Justice; however, there will not be a notation in the juvenile's criminal history of the event if successfully completed. (See PGO 8415.05 for criteria for issuance) 12. **If an arrest is made (for any offense involving a juvenile suspect), or NTA issued or FSAO filed,** **and a JCC is not being issued, the officer must provide written documentation as to why an arrest was warranted. The officer shall write the reason(s) for the arrest in the first sentence of the narrative of the charging affidavit/incident report.** r. At-Large 13. A referral will be made to the State Attorney's Office to consider criminal charges when the member does not believe a physical arrest is necessary based on the circumstances of the violation, the juvenile does not qualify for a civil citation or the juvenile is not able to be located. s. Physical Arrest 14. Juvenile Release Agreement 10. The criteria governing the referral of juvenile offenders to intake, physical arrest or the option of utilizing one or more of the aforementioned alternatives should be based on: t. Nature of the offense u. Age of the offender and circumstances involved v. The criminal record or history of the juvenile w. The position and attitude of all parties involved (child, parent, victim) x. Degree of wrongful intent, violence premeditation, knowledge of violation y. The attitude of the juvenile z. The available community-based rehabilitation programs 11. When a juvenile is taken into custody for a violation of law, the member will process the juvenile without undue delay, unless the juvenile needs medical attention, which will be administered expeditiously. a. Juveniles under thirteen (13) years of age may be handcuffed only when the juvenile poses an escape risk, is a danger to themselves or others, or could damage property. 15. The on-duty shift supervisor and watch commander shall be notified immediately, or when safely reasonable to do so, if juveniles under thirteen (13) are handcuffed. 16. Removal of handcuffs should be done as soon as practical. 12. When a juvenile is presented at the JAC, a receiving officer will take custody of the child for processing. The juvenile will be detained if any of the following criteria are met: b. The youth is alleged to be an escapee or absconder from a commitment program, a community control program, furlough, or aftercare supervision, or the child is wanted in another jurisdiction for an offense which if committed by an adult, would be a felony; or c. The youth has been charged with a delinquent act or violation of law and requests in writing through legal counsel to be detained for protection from an imminent physical threat to his/her personal safety (attach documentation); or d. The youth is charged with a capital felony, life felony, felony of the first degree, felony of the second degree, or a felony that is a crime of violence; or e. The youth is charged with a third-degree felony and: 13. 14. 15. f. 16. g. h. i. j. k. l. m. 17. 18. 19. Juveniles who are arrested and transported to a receiving facility for a violation of law will be fingerprinted and photographed in accordance with Florida law. n. Unless the child is issued a civil citation or is participating in a similar diversion program pursuant to FSS. 985.12, a child who is charged with or found to have committed one of the following offenses shall be fingerprinted, and the fingerprints shall be submitted to the Department of Law Enforcement as provided in FSS. 943.051(3)(b): o. Members may fingerprint and photograph a child taken into custody upon probable cause that the child has committed any other violation of law, as deemed appropriate. p. A child who is released on a juvenile release agreement will be fingerprinted by the charging officer prior to the juvenile\'s release unless extenuating circumstances dictate otherwise. q. The fingerprint card will be forwarded with the case packet to records. r. Such fingerprint records and/or related photographs will be retained by the law enforcement agency in a separate file from any adult file and these records and all copies thereof must be marked \"Juvenile Confidential.\" These records are not available for public disclosure and inspection under s. 119.07(1) except as provided in ss. 943.053 and 985.04(2), but shall be available to other law enforcement agencies, criminal justice agencies, state attorneys, the courts, the child, the parents or legal custodians of the child, their attorneys, and any other person authorized by the court to have access to such records. s. In addition, such records will be submitted within the next business day to the Department of Law Enforcement as provided in s. 943.051(3)(a). 20. With the exception of circumstances arising from the same criminal event, juveniles cannot be transported, held, or confined with adults. Precautions will be made to ensure that there is no visual or audible contact between adult prisoners and juvenile prisoners. (Juveniles adjudicated as an adult by competent authority may be treated as an adult.) 21. An active effort to notify the parent or guardian of a juvenile who is in custody will be made and will continue until notification occurs or custody is transferred. t. Notification results will be included in the incident report, to include the name of the person notified. u. Unsuccessful notification attempts must be detailed in the related incident report, including whatever contact information was used in the effort to notify. 22. Members releasing a juvenile from custody: v. Juveniles arrested by officers of the Apopka Police Department shall not be held any longer than six (6) hours prior to being released or transported to JAC. w. The on-duty supervisor, upon release of a juvenile from the police department, shall be responsible for ensuring the proper entry on the monthly juvenile summary form is completed. x. The arresting officer shall, as soon as practical, make every reasonable effort to notify the juvenile's parent or guardian of the circumstances of the detention. y. Juveniles arrested for felonies shall be delivered to the JAC. Juveniles arrested for misdemeanors may also be delivered to the JAC. It is recommended for misdemeanors that officers contact a parent or guardian to whom the child could be released, however, circumstances may exist that would allow for transport to the JAC. z. Juveniles arrested for misdemeanors or city ordinance violations may be released on a Juvenile Release Agreement to a parent, guardian or legal custodian. If the juvenile's parent, guardian or legal custodian is unavailable, unwilling, or unable to provide supervision for the juvenile, the juvenile may be released to a responsible adult. 17. Before releasing the 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. 18. If the person has a prior felony conviction or a conviction for child abuse, drug trafficking or prostitution, that person does not qualify as a responsible adult and the juvenile will not be released to him. 19. Members will document who the juvenile was released to and the circumstances surrounding such release in the narrative of the respective incident report. a. 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. 20. Before releasing a juvenile with a civil citation, the arresting officer shall ensure that the juvenile meets the criteria regarding Juvenile Civil Citation. b. Prior to the release of any juvenile not being transported and released to the JAC, the arresting officer shall: 21. Call the Juvenile Screening Unit at the JAC to ensure that the juvenile is eligible to be released, based on his/her record. 22. Conduct a warrants check through teletype. 23. Complete a Juvenile Release Agreement. 24. A charging affidavit shall then 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. K. Run-Aways 23. A law enforcement officer has the authority to take a juvenile into custody when there are reasonable grounds to believe that the child has run away from his parents, guardian, or other legal custodian. c. The child is to be released to a parent, guardian, legal custodian or responsible adult relative. d. The juvenile runaway may be transported to the Orange County Youth Shelter (1800 East Michigan Street Orlando, FL 407-836-7626) in the absence of the parents or other appropriate guardian. 25. Prior to the arrival at the Youth Shelter, the officer must contact the shelter to confirm that the juvenile meets the requirements of the shelter. L. Truants 24. In the best interest of the safety and security of children within the city of Apopka, members should check out with any person who the member believes is under the age of eighteen (18) during regular school hours. If it is believed the child is truant, follow the procedures outlined below. 25. Members have the authority to take truant juveniles into custody in accordance with FSS 984.13(1)(B). e. When the officer has reasonable grounds to believe that the child is absent from school without authorization or is suspended or expelled and is not in the presence of his or her parent or legal guardian, for the purpose of delivering the child without unreasonable delay to the appropriate school system site. f. If a student is suspended or expelled from school without assignment to an alternative school placement, the law enforcement officer shall deliver the child to the parent or guardian, or to a designated truancy interdiction site until the parent or guardian can be located. 26. Procedure when contacting a possible truant: g. Run the juvenile through FCIC/NCIC. h. Contact the SRO at the juvenile's assigned school to determine the student's status. If the SRO is unavailable, contact the attendance office. i. Contact with the parent of the truant juvenile should be attempted and the parent or guardian should respond to pick up the juvenile. j. If the parent cannot be contacted or fails to respond to take custody of the child, contact the Alternative Center for Truancy (ACT) (contact information listed below) and ascertain if they will accept the student. There must be a deputy on-site to accept the student. 26. If the child is under twelve (12), he or she may be transported to his or her school for safety. 27. If they are between twelve (12) and sixteen (16), they may be transported to the ACT. 28. If the child is seventeen (17), contact the SRO or supervisor for information or further directions. A child seventeen (17) years of age may be transported to his or her school, or his or her parents may be contacted to respond and take custody of the child. The truancy center will not accept a child older than sixteen (16). Make sure all information surrounding the truant is forwarded to the SRO. 27. Truants may be searched when the member reasonably believes that the juvenile is in possession of a weapon and the member is in danger of physical injury. If the member is transporting an individual in their agency-owned vehicle for any reason, that individual shall be searched in accordance with PGO. 28. When it is necessary to transport a juvenile to school or the ACT, it shall be done immediately. Members should also document the juvenile's behavior for future reference. 29. Truants will not be placed in secure detention, or otherwise mixed or associated with juveniles being held for criminal or non-status violations. 30. Alternative Center for Truancy (ACT) k. Location information l. The center receives children from the hours of 0730 to 1400. m. The center accepts children between the ages of 12 and 16. n. The child must be a resident of Orange County. o. When taking a child to the ACT, the member should enter through the front door of the facility. ACT is not a part of the secure detention area; therefore, the member is not required to remove their firearm before entering. M. An officer who places a juvenile under arrest for violation of community control should: 31. Have knowledge of the juvenile's community control conditions. 32. Obtain a copy of the community control conditions from D.J.J. or the Community Control officer, if available, and attach to the arrest affidavit 33. Transport the juvenile to the JAC. N. Juvenile Traffic Offenses and Intoxicated Juveniles 34. Non-Criminal Traffic Offenses p. For non-criminal traffic violators 14 years of age or older, members should use discretion when deciding to issue UTC\'s or warnings. q. First time violators under 14 years of age should be issued written or verbal warnings, when practical. Contact should be made to a parent, guardian, or responsible adult in order to make them aware of the situation and their responsibilities. 35. Criminal Traffic Offense r. A juvenile charged with a criminal traffic offense will be issued a traffic citation and be released on his/her own recognizance or released to a parent, custodian or a responsible adult. s. When a juvenile is arrested and/or detained for a criminal traffic offense, copies of the citation must be attached to the charging affidavit. The court copy of the citation, which contains the juvenile's signature, will be forwarded to the traffic court. t. When a juvenile is arrested for a criminal traffic violation, excluding DUI, the criminal traffic citation should be written and/or an at large Charging Affidavit filed. If the juvenile is physically arrested he/she shall be released to a parent, custodian or responsible adult. The J.A.C. will not accept criminal traffic arrests on juveniles. 36. Juvenile D.U.I. Arrest -- the following procedure shall be followed when arresting a juvenile for a violation of 316.193 for D.U.I. u. The same established procedures shall be followed for juveniles and adults arrested for DUI, except that the arresting officer shall notify the juvenile\'s parents/guardian of the arrest. The juvenile will be processed for the DUI and then the officer will end the arrest with a DUI citation. The juvenile will then be taken back into custody under a "Marchman Act" and transported to the Juvenile Addiction Receiving Facility (JARF). If the JARF is unable to accept the juvenile, he/she can be released to a parent or legal guardian. A separate report must be generated for the "Marchman Act." v. When the juvenile is arrested and/or detained, copies of the citation must be attached to the charging affidavit. A copy should be given to the juvenile, or their guardian, and one retained by the officer. V. Juvenile records will: O. Be available to: 37. Other Law Enforcement Agencies 38. State Attorney's Office 39. The Courts 40. The Child 41. The Parent(s) or Legal Guardian(s) 42. Their Attorney(s) 43. Any other person authorized by the court to have access to such records P. Be otherwise redacted or protected in accordance with Florida Law. VI. Procedures for the Arrest of a Juvenile: Q. When a juvenile is arrested the arresting officer shall: 44. Take the juvenile into custody and prepare a charging affidavit. 45. Make a reasonable effort to notify the child\'s parents or custodians of the arrest and location where the juvenile will be taken. 46. Juveniles may be taken to the Apopka Police Department or directly to JAC for the completion of paperwork and the booking process. 47. 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. 48. Transport the juvenile to the police station for booking procedures and on to intake without undue delay, unless the juvenile needs medical treatment. 49. Not issue a Notice to Appear 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. 50. 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. VII. Criminal Justice System: R. In-Custody Arrests: 51. 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. 52. Juveniles may be taken into custody via the following: w. The member may complete a charging affidavit documenting violation(s) of criminal law. x. A member may pick-up a juvenile when there is a court order directing the child to be apprehended. S. Not-In-Custody Arrests: 53. A law enforcement officer has the authority to refer a juvenile offender for intake, in lieu of arrest, by the following: y. Issuing a juvenile release agreement. (A Notice to Appear will not be issued to a juvenile unless the juvenile is emancipated through a court order, marriage, or has been previously adjudicated as an adult.) z. Issuing a juvenile tobacco violation in accordance with PGO 8405.00. 54. Procedures for issuing citations or juvenile release agreements in lieu of taking them into custody: a. Determine which method of documenting the incident is appropriate for the situation. b. Run a criminal history check and contact the JAC to ensure that the juvenile qualifies for the type of release selected. c. Fingerprint the juvenile, if required by the documents needed to file. d. Document parent/guardian notification e. Provide the juvenile and/or the parent/guardian with instructions regarding the citation/court date. f. Obtain necessary signatures. g. Release juvenile as dictated by the report type. h. Complete all citations, incident reports and property/evidence reports. i. Submit final report for review by the supervisor and then to records for submission to the State Attorney's Office. VIII. Custodial Interview: T. Constitutional Rights of Juveniles - Miranda Rights: 55. Members will ensure that the constitutional rights of juveniles are protected. 56. Miranda rights will be given verbally and when possible, a Miranda waiver form will be signed prior to questioning and included with the case packet. U. Conferring with Parents or Guardians: 57. The parent or guardian cannot make the decision for the juvenile to invoke or waive his rights; however, juveniles will be allowed to confer with them if requested, pending custodial interrogation. 58. If a parent or guardian cannot be contacted, juveniles may still be questioned after their Miranda rights have been read. V. Number of Members Allowed to Interview a Juvenile: 59. To prevent allegations of coercion, no more than two persons should interview juveniles during any interview session. 60. Others having direct involvement in the case may be present but not involved in the interview. W. Duration: 61. Juvenile interviews will be for reasonable lengths of time and will include periodic breaks and rest periods, allowing time for drinks, food, and rest room visits. 62. The juvenile's age, apparent level of intellect, health, physical condition, and mental and emotional state will be considered. 63. The interview may be conducted at the station, but the atmosphere must not be intimidating. IX. Notification of School Authorities: X. Notification of school authorities regarding the arrest of a juvenile will be in accordance with Orange County Schools Superintendent Notification requirements outlined in agency procedural general orders. Y. When conducting interviews or arrests within a school: 64. The member will: j. Notify the sergeant in charge of the school resource officer program; and k. Notify the school principal, dean, or other appropriate person in charge, if reasonable and time permits. l. In any case, the member will notify them as soon as possible, thereafter. 65. The investigating member should make every effort to contact the school resource officer and coordinate the investigation with the SRO. 66. All notifications will be documented in the member\'s report. X. Found Child: Z. A check of the immediate area should be made to obtain any information that could assist in identifying the child. If no information can be obtained as to the identity of the child, the child should be brought to the police station. A. In the event that the child is unable to supply information as to their identity and all attempts to locate the child's parents have failed, the member will contact DCF to make temporary shelter arrangements. B. Contact will be made with surrounding agencies to determine if they are working a missing child case. C. The member will consult with his or her supervisor to consider the help of the public information officer to solicit assistance from the electronic media. XI. Juvenile Affairs Section: D. Members assigned to the Juvenile Affairs Section include members of the school liaison program (School Resource Officers) and are expected to engage in 67. Truancy enforcement 68. Role modeling 69. Mentoring 70. The promotion of youth programs and diversionary efforts 71. The instruction in schools of various topics 72. Promoting positive relationships between students and the law enforcement community. 73. The participation of and/or the organization of community recreational youth programs. 74. Assisting school authorities in the student safety patrol program. E. The supervisor assigned to the juvenile affairs section will: 75. Monitor current juvenile related projects to determine needs. 76. Provide review and comments regarding additions or changes of the department\'s policy in handling juveniles. 77.