A peace officer's responsibility for the safety of a juvenile and the general public
1. Impose a sense of responsibility on the minor for his actions.
2. Removing minors from the custody of their parents only when necessary for the minors' welfare or for the safety of the public.
3. Providing guidance consistent with the rehabilitative efforts of juvenile court law, and,
4. Protecting the public from criminal conduct.
A peace officers role in the handling of juveniles is one of providing protection, guidance, and rehabilitation. A peace officer can exhibit this by:
1. Expressing the willingness to intervene in incidents involving dependents and status offenders,
2. Being alert to signs of child abuse, dependency and delinquency.
3. Expressing willingness to assist juveniles by providing protection, guidance and referrals to an appropriate agency or service, and
4. Taking the alternative that is least restrictive to a juvenile's freedom of movement, provided that alternative is compatible with the best interests of the juvenile and the community.
WI 625, advisement of juveniles rights.
Requires that juveniles be advised of their legal rights when they have been taken into temporary custody without a warrant, if the minor:
1. Is habitually disobedient or truant. (WI 601)
2. Violated an order of the juvenile court, (~WI 602)
3. Violated a law or ordinance, or (WI 602)
4. Escaped from a commitment ordered by the juvenile court.
Note: WI does not require IMMEDIATE advisement of legal rights at the time a minor is taken into temporary custody. The decision when to admonish should be based on the safety of the officer and the minor, as well as the investigation.
The conditions when admonishment of a juvenile's rights is not required
1. Have a history of being abused, or neglected and are at immediate risk of physical or emotional harm, or sexual abuse,
2. Are at immediate risk because of their physical environment or lack of adequate supervision.
3. Are hospitalized and release of the minor to a parent or guardian poses an immediate danger to the juvenile's health or safety,
4. Are found in a street or public place suffering from any sickness or injury requiring care or treatment, or,
5. Are stopped for general questioning by an officer.
The conditions when a peace officer must obtain a waiver of a juvenile's rights
Even though a juvenile has been advised of legal rights, a peace officer must obtain a waiver of those rights before an interrogation can take place.
The sources of peace officer authority to take a juvenile into temporary custody, pt. 1
- WI 305: A minor who
1. Has immediate need for medical care,
2. Is in immediate danger of physical or sexual abuse, or
3. Has been left unattended or is in a physical environment which may pose an immediate threat to the minor's health and safety (WI 300). Additionally, the officer is required to contact the minor's parent or guardian to determine if they are able to assume temporary custody of the minor.
1. Is in the hospital and release of the minor to a parent or guardian poses immediate danger to the child's health and safety, or
2. Is a dependent of the court under court order when a peace officer has reasonable cause to believe the minor has violated the order or left any placement ordered by the court.(WI 319)
The sources of peace officer authority to take a juvenile into temporary custody, pt. 2
625 WI, A minor who:
1. Comes within the jurisdiction of the court.
2. Is a ward of the court who has violated a court order or escaped from a court ordered commitment, or
3. Is found in a public place suffering from any sickness or injury which requires medical treatment.
The sources of peace officer authority to take a juvenile into temporary custody, pt. 3
48264 ED Code, a minor who:
1. Is subject to a compulsory, full-time or continuation education, and
2. Is absent from school without valid excuse within the county, city or city and county, or school district during school hours, and,
3. Is found away from his or her home.
Options available to a peace officer for the disposition of a juvenile case
1. Release of the minor
2. Release of the minor to parent or legal guardian
3. Delivering the minor to a public or private agency including school, youth service or community center,
4. Preparing a promise to appear (citation) and giving one copy to the minor or responsible adult and the other copy to the probation officer, or
5. Delivering the minor to the juvenile probation department.
The conditions under which a juvenile may become a dependent of the court
1. Minor is at risk of serious non-accidental harm from guardian/parent.
2. Minor is not provided adequate supervision or protection, may be due to parent mental illness, developmental disability, or substance abuse.
3. Minor is at risk due to religious practices concerning medical aid.
4. Minor is at risk of serious emotional damage, due to parental conduct. Note: This does not apply if failure to provide adequate mental health treatment is due to religious belief or if less intrusive judicial intervention is available.
5. Minor is at risk of sexual abuse.
6. Minor under age 5 is at risk of severe physical abuse.
7. Parent has caused death of another child, parent is incarcerated, child has been subjected to acts of cruelty, child's sibling abused.
Situations in which a juvenile can be taken into temporary custody due to habitual disobedience or truancy
1. When a minor persistently or habitually refuses to obey reasonable and proper orders or directions of the parent or guardian.
2. When a minor has four or more truancies within one school year.
Situations in which a juvenile can be taken into temporary custody for violating a law or ordinance
When a juvenile commits any crime, (misdemeanor included), the officer may arrest without witnessing the crime.
The guidelines requiring the separation and segregation of dependent minors, status offenders,
and wards within a facility
Minors must be segregated as:
Must not be left in adult prison/jail for more than 2 hours, must NEVER be away from PO in adult prison/jail. (UI tests)
The appropriate level of confinement for the purposes of temporary custody
Note: Dependent children may NOT be placed in a secure facility.
A minor 14 years of age or older may be placed in secure detention only when a PO has a reasonable belief that the minor poses a serious security risk of harm to self or others.
In determining whether the minor presents a serious security risk, the peace officer must take into account the following factors:
1. Age, maturity, and delinquent history.
2. Severity of the offense(s) for which the minor was taken.
3. The minor's behavior, including degree to which the minor appears cooperative or noncooperative,
4. The availability of staff to provide adequate supervision or protection of the minor,
5. The age, type, and number of other individuals who are detained in the facility.
A minor MUST be informed of the following at the time of secure detainment:
1. Allowance of two phone calls within one hour,
2. Purpose of secure detention,
3. Length of time the secure detention is expected to last, and
4. 6 hour maximum time limit.
The requirements for preventing all contact between juveniles and adult prisoners within a facility
Must not allow contact between juveniles and adult prisoners. It's illegal.
1. Incidental contact may occur, when it does, there MUST be a facility staff person trained in supervision of inmates in constant side-by-side presence with either the minor or adult.
Incidental contact may only occur during:
2. Medical Screening,
3. Inmate worker presence while performing work necessary for the operation of the law enforcement facility, such as meal service and janitorial service, and
4. Movement of people in custody within the LE facility.