Juvenile Justice Guidelines and Recommended Practices

Juvenile Justice Guidelines and Recommended Practices

Missouri Law Enforcement Juvenile Justice Guidelines and Recommended Practices Learning Objectives Discuss the Juvenile Court System and the basic philosophical tenets that guide the courts. 2. List the critical definitions in the Juvenile Court Process.

3. Identify the roles and responsibilities of the various entities and stakeholders in the Juvenile Court process. 1. Learning Objectives Define the basic legal and jurisdictional issues in the Juvenile Court system. 5. Define custody requirements and limitations for law enforcement dealing with juvenile suspects and

offenders. 6. Define basic requirements regarding investigations of child abuse and neglect. 4. Learning Objectives Identify basic requirements for investigations of delinquent acts and juvenile misconduct. 8. Define best practices in managing juvenile investigations, interrogations and report writing.

9. Demonstrate a working knowledge of disproportionate minority contact within the juvenile justice system. 7. History Historical Perspective Mary Ellen Wilson In re Gault

Ballad of Jerry Gault https://youtu.be/2emkmPc1dtQ Juvenile Division Statutory obligation Section 211.011 RSMo

Facilitate care, protection and discipline Best interest of the child Secure equivalent care to that of which they would receive from a parent

Guiding Principles for Case Management Activities Restorative Justice Community Safety Offender Accountability Competency Development Evidence Based Services

Rehabilitative Approach Developing person No particular set of values/pattern of behavior Amenable Able to treatment

to change Juvenile vs. Adult Systems Differences Philosophy Terminology

Procedural Terminology ADULT SYSTEM Criminal Act Arresting Jail Information, Indictment, Complaint Trial

Conviction Sentence Probation Prison Sentence Prosecutor Probation Officers

JUVENILE JUSTICE SYSTEM

Delinquency Taking a juvenile into custody Detention Petition Hearing

Adjudication Disposition Supervision Commitment to Division of Youth Services Counsel for Juvenile Officer Commonalit ies

Offender accountabili ty Serve the public Community Safety Due process protections

The Importance of Law Enforcement Law Enforcement serves as the doorway to the juvenile system for a young person alleged to

have committed an act of juvenile misbehavior or delinquent Delinquent Offenses Recommended Practice and Procedure Definition Juvenile Delinquency Commission of act(s) by a minor child that would be a

Crime(s) if committed by an adult See BLACKS LAW DICTIONARY 385 (5TH ED. 1989) Statute Involving any child who is alleged to have violated a state law or municipal ordinance, or any person who is alleged to have violated a state law or municipal ordinance prior to attaining the age of seventeen years, in which the child or person resides or may be found(within ___ County) or in which the violation is alleged to have occurred

(within ___ County) Authority Exclusive Jurisdiction of the Juvenile Court: 1. AGE Birth to seventeen years of

age (not including seventeen years of age) OR Act was committed by the person prior the age of seventeen years. Sections 211.031.1(3) and 211.041 RSMo. Authority

Exclusive Jurisdiction of the Juvenile Court: 1. Age; AND #2 Presence of Child/Act RESIDES WITHIN COUNTY child takes on

the residency of the parent; if divorced then parent with actual physical custody Section 211.031.1(3) RSMo.; In the Interest of R.P., 966 S.W. 2d 292 (W.D. Mo.Ct.App. 1998); OR FOUND WITHIN COUNTY actual physical presence See Section 211.031.1(3) RSMo.; In re Jackson, S.W.2d 320 (S.D. Mo.Ct.App. 1979).; OR OFFENSE COMMITTED WITHIN COUNTY

See Sections 211.031.1(3) RSMo.; AND 592 Authority Exclusive Jurisdiction of the Juvenile Court: 1. Age; AND 2. Presence of Child/Act; AND

#3 Probable Cause to believe that the juvenile committed a delinquent act Probable Cause exists where the facts and circumstances would warrant a person of reasonable caution to believe an offense was committed or is being committed. Exceptions to the Exclusive

Jurisdiction of the Juvenile Court Traffic Offenses August 2012 15 years of age, non-felony Municipal Curfew Violations Tobacco Possession or Use Who has jurisdiction Columbia

Police Department (Boone County) investigates a rash of burglaries in Columbia. 15-year old Ken Smith whose parents reside in Camdenton (Camden County) is taken into custody in Cole county and admits his involvement in the Columbia burglaries Which county has jurisdiction? Why? Driving While Under the

Influence Miranda warning requirements does not apply to DWI or other non-felony traffic offenses, because the juvenile is not subject to the Juvenile Court jurisdiction. However, failure to give a Miranda warning may impair authorities ability to use the juveniles statement.

Areas of Responsibility Juvenile Division Liasion to Court Advise of Rights Case Management Authorize Detention/ Protective Custody Law Enforcement Evidence

Investigation Reports Authorize Protective Custody Investigations Law Enforcement serves as primary investigator of any criminal conduct or delinquent behavior by a juvenile.

Burden of Proof BEYOND A REASONABLE DOUBT JUVENILE OFFICER MUST PROVE EACH ELEMENT OF OFFENSE AN INVESTIGATION OF SAME LEVEL OF SUFFICIENCY AS IN ADULT COURT IS NEEDED In re Winship, 397 U.S. 358 (1970); Juvenile Officer Performance Standard-Initial Referral Review

Standard 2.2(E) says. The juvenile officer shall require referrals relating to allegations of a delinquent act to include an investigation by law enforcement. Standard 2.2(D) says The juvenile officer shall make a written request of the referring party for additional investigation or information necessary to determine

Juvenile Officer Performance Standard 2.2-Initial Referral Review Standard 2.2 (G) says The juvenile officer shall provide, in writing, to the referring party or person the reason the referral is not sufficient to establish or warrant action by the juvenile officer Custody Delinquent Offenses

CUSTODY POWERS 1. Order of the court; AND 2. Laws of arrest applicable to adults A.K.A. - Probable Cause Rule 127.01 Custody Delinquent Offenses The order by the court to take a juvenile in to custody may be in the form of: Summons; Capias;

Pick-up order; Juvenile warrant; or Other written order by the court Section 211.101.3 RSMo.; Section 211.121 RSMo. Custody Status The taking of a juvenile into judicial custody IS NOT an arrest. Rule 127.01(b) and Section 211.131(2). Use of Force All necessary means, including

reasonable force, in the process of taking a juvenile into custody. Walsh v. Oehlert, 508 S.W. 2d 222 (Mo. App. E.D. 1974 Jurisdiction Jurisdiction of the court attaches: When the juvenile is taken into judicial custody. Rule 127.01 and Section 211.131(3). Jurisdiction What

is Judicial Custody? Handcuffs In patrol car Side of the road Principals office Law Enforcement Station Jurisdiction "Judicial Custody" Taking of Physical Custody Retention of Physical Custody

Rule 110.04(10) Recommended Procedure Initial Contact Obtain Identifying Information Required information includes: Full name Social security number Date of birth

Address Telephone number Physical description Name of the parents and/or legal custodian Address of the parents and/or legal custodian Section 211.411 RSMo. Notification of Juvenile Division Immediately notify the Juvenile Division that the juvenile was taken into custody.

See Rule 127.02. Notification of Custodian Make reasonable efforts to notify the juveniles custodian. Reasonable efforts - efforts an ordinarily careful, prudent, and diligent person would make under the same or similar circumstances. See Rule 127.02 and Section 211.131.2 RSMo. Statutory Presumption

Release of Juvenile Juvenile Officer to Release to Custodian UNLESS Substantive Reasons exist to Detain See Rule 127.02, 127.07, and Section 211.141.1 RSMo. When Detention is Not Appropriate Corrective or punitive measures

(felony mouth) Behaviors associated with mental illness Solely for investigative purposes When Detention May Be Appropriate Bodily injury Weapons Sexual offenses Flight risk

No appropriate custodian situations) (limited Juvenile Detention Assessment (JDTA) Form Court Operating Rule 28 -Effective January 1, 2012, all Juvenile Officers and Detention Intake Staff shall use

the JDTA in determining whether to place juveniles in secure detention. Purpose of Detention When juvenile presents a risk to public safety May fail to appear in court for their hearing Continued Custody/Detention

If detention authorized by Juvenile Officer... Juvenile should be transported to the authorized juvenile detention facility for your jurisdiction. Places of Detention STOP A juvenile can not be held in a jail or other adult detention facility. Rule 127.03 and Section 211.151 RSMo.

Authority of Juvenile Officer Detention or Conditional Up to 24 Hours Release Rule 127.01, 127.04, 127.06, 127.07 and Section 211.141 RSMo. Required Documentation Detention If detained....

Law enforcement MUST complete a Probable Cause Statement, as soon as possible or within 12 hours. See Rule 127.02 Required Documentation Detention PROBABLE CAUSE STATEMENT Evidentiary and legal basis to support detention Court Order Same as adult system

Physical Condition of Juvenile Prior to the juvenile being detained. Reason to believe the juvenile is under the influence Injury Medical exam Law Enforcement Responsibility Custody Regulations Juveniles in Law Enforcement custody:

Sight and sound separation from all adult inmates including trustees Handcuff to a stationary object for processing purposes only - cannot exceed six (6) hours in custody No adult holding area. Juveniles in Law Enforcement custody: Monitored Written

while in LE custody custody log Federal Register, Juvenile Justice and Delinquency Prevention Act, Section 223. Safety Searches Weapons and illegal contraband Be Discreet Same sex searches recommended

Fingerprints/Photographs Misdemeanors Order of the Court Required Exception Fingerprints/Photographs Felonies Shall fingerprint and photograph any juvenile taken into custody for a

felony offense. Section 211.151 RSMo. This is a statutory requirement and consent by the Juvenile Court is not required. Investigations Show Ups-same standard as adult Photo Line Ups-may

use something open/available to public Photographs DNA Voice Stress/Polygraph Testing Juveniles may voluntarily, and with consent of their parent, guardian, or custodian, submit to a voice stress or polygraph test.

Interviews/ Interrogations Same Rights as an Adult Juvenile in Custody Constitutional Rights Miranda

Statutory Requirements Rights 1. 2. 3. 4. 5. Remain silent;

Appointed attorney; Statements to Juvenile Officer may be used in later Juvenile Division proceedings; Stop Questioning; Statements to law enforcement, not Juvenile Officer may be used against the juvenile in the event the juvenile is prosecuted as an adult. Rights-Juvenile Officer Performance Standard 2.1 Juvenile Officer or a designee

approved and trained by the Juvenile Officer shall advise of rights B. Juvenile Officer shall ensure any designee complies with the requirements for the juvenile officer C. Must advise of limited role during the interrogation by law enforcement-not legal counsel for the juvenile or an advocate A. Rights-Standard 2.1 D. Juvenile Officer or designee shall not

participate in the questioning by law enforcement by asking any questions or soliciting any information from the juvenile regarding the alleged offense(s). E. Juvenile Officer or designee shall prohibit or end questioning by law enforcement wherein the juvenile appears to lack the capacity to understand the advisement of rights and Rights-2.1 F. Juvenile Officer or designee shall ensure a parent, guardian, custodian

or friendly adult of the juveniles choosing is present during the questioning. G. Juvenile Officer or designee shall administer the advisement of rights orally and in writing and ensure appropriate language is used I. Juvenile Officer or designee shall Admissibility of Juvenile Statement Admissibility

of Statements Totality of Circumstances juveniles age experience education background intelligence capacity to understand the warnings given to him nature of the Fifth Amendment of the United States Constitution consequences of waiving those rights In the Interest of A.D.R., 603 S.W. 2d 575(Mo. 1980)

Waiving Rights Presence of parent, guardian, or custodian Juvenile may waive, but; Parent must be present and advised of juveniles rights, and; Juvenile may consult with parent or guardian about waiving their rights

In the Interest of K.W.D., 500 S.W. 2d 275 (Mo. App. 973). Procedure for Interviews/Interrogations Contact the Juvenile Division to schedule interview The Juvenile Division will request: identifying information regarding the juvenile;

the name and address of the parent; information as the nature of the offense; and, basis for the request to interview the suspect. Contact the parent or custodian and direct them to respond to the Juvenile Division and to bring the Juvenile with them if the juvenile is not in custody. Juvenile as victim

Juvenile as a witness Documentation Juvenile Referral Report Requisite Information Elements of the Offense Evidence Collected Juvenile Referral

Report Basic Information Identifying information regarding juvenile Information regarding custodian/parents Date and time of alleged offense Location of alleged offense Witnesses Complainant or Victim

Date and time parent/custodian contact Juvenile Referral Report Narrative Process of the investigation Elements of the offense as defined by The Missouri Criminal Code

Evidence collected Status Offenses Recommended Practice and Procedure Definition Status Offenses Not a crime if committed by an adult Behaviors characterized as unruly, disobedient and unmanageable

Statute Exclusive Jurisdiction of the Juvenile Court A. Truancy; B.Beyond Parental Control; C.Runaway; D.Behavior or associations injurious to

welfare; E. Other offenses - curfew violations and minor in possession offenses. Missouri Juvenile Code: Section 211.031.1(2) RSMo. Authority Exclusive Jurisdiction of the Juvenile

Court #1 Age Birth to seventeen years of age (not including seventeen years of age, AT THIS TIME); AND Sections 211.031.1(2) and 211.041 RSMo.

Authority Exclusive Jurisdiction of the Juvenile Court Age; AND #2

Presence of Child RESIDES WITHIN COUNTY child takes on the residency of the parent; if divorced then parent with actual physical custody Section 211.031.1(3) RSMo.; In the Interest of R.P., 966 S.W. 2d 292 (W.D. Mo.Ct.App. 1998); OR FOUND WITHIN COUNTY actual physical presence

See Section 211.031.1(3) RSMo.; In re Jackson, S.W.2d 320 (S.D. Mo.Ct.App. 1979).; 592 Authority Exclusive Jurisdiction of the Juvenile Court

Age; AND Presence of Juvenile; AND #3 Probable Cause exists that the juvenile committed a status offense. See Blacks Law Dictionary p. 1201 (6th ed. 1990). Areas of Responsibility Juvenile Division

Case Management Processes Law Enforcement Investigation Written Reports Custody Status Offenses Procedures are the same as with delinquent offenses.

Detention of Status Offenders Status Offenders may not be detained in a secure juvenile detention facility as a matter of general practice and procedure and may not be detained for a period in excess of twenty-four (24) hours. See Section 211.061 RSMo. Custody Regulations

Juveniles in Law Enforcement custody: Sight and sound separation from adult inmates/trustees. No adult holding areas or cells. May not be handcuffed to stationary object May ONLY handcuff if juvenile is combative or an immediate threat to themselves or other persons.

Juveniles in Law Enforcement custody: Monitor at all times Written custody log must be maintained Federal Register, Juvenile Justice and Delinquency Prevention Act, Section 223. Fingerprints/

Photographs Court Order Required Section 211.151.3 RSMo. Interviews/ Interrogations No interviews necessary Status offenses are non-criminal in nature Relate to the issues of juveniles requiring care

and treatment If interviewed Miranda required Procedural Issues Beyond Parental Control Disobeys

the reasonable and lawful directions of his or her parents and is beyond their control. Best practice: Attempt to de-escalate Parents may voluntarily place with relative or friend-cool off period Temporary protective custody if parents refuse custody(minor

Procedural Issues Runaway Habitually absent without sufficient cause, permission, or justification Best Practice:

Release to parent Parents may voluntarily place with relative or friend Temporary protective custody Procedural Issues Behavior and Association s Injurious to Self or

Others Broad category: Self-mutilation Suicidal behavior Consensual sexual activity

among peers Fighting Associating with adult felons Curfew violations Intoxication/drugs Procedural Issues Behavior and

Association s Injurious to Self or Others Best Practice: No secure detention Mental Health assistance Voluntary placement

Procedural Issues Truancy Subject to compulsory school attendance (until age 17 or 16 credit hours) Best

Practice: Return to school Release to parent, guardian, custodian SCHOOL, SCHOOL, SCHOOL Juvenile Offenses at School Discipline

and behavior problems should be handled by the school (non-criminal behavior) School to Prison Pipeline Law violations/criminal behavior should be referred to law enforcement Juvenile Offenses at School-JO Performance Standard 5.17

5.17(c) says The Juvenile Officer shall refrain from activities that expand the role of the juvenile officer to matters of school discipline. Standards comment-The Juvenile Officer should decrease the associated vulnerability of involvement in the juvenile justice system for at-risk juveniles by declining referrals submitted by Juvenile Offenses at

School Whose responsibility Custody Interviews to investigate Judicial Custody J.D.B. v North Carolina 2011 Supreme Court case that said age of child is

relevant when determining police custody for Miranda purposes Safe Schools Act Administrators are required to report felonies to law enforcement. Assaults in the third degree are not always required to be reported (if

there is an agreement in place between school and area law enforcement) Schools have to report harassment Assaults in the fourth degree do not have to be reported Search and Seizure at School New Jersey v. T.L.O. 4th Amendment prohibition on

unreasonable searches and seizures applies to searches by school officials Searches by School Officials Must be justified at its inception AND must reasonably relate in scope to the circumstances which justified the action in the first place Searches and Search Warrants School

officials must use reasonableness to search lockers, bags, students, etc. at school. School officials who are working with police or the prosecutor can be seen as government agents. Best practice would be for law enforcement to obtain a search warrant. Searches and Search Warrants

Search warrants may be obtained concerning issues related to delinquency. Application may be made to the Prosecuting Attorney Adult court guidelines followed What is Disproportionate

Minority Contact(DMC)? DMC is the disproportionate representation of youth of color in the juvenile justice system. DMC is a core requirement of the Juvenile Justice and Delinquency Prevention Act. 4 Core Requirements from OJJDP Deinstitutionalization of Status Offenders.

2. Sight and Sound Separation 3. Jail and Lockup Removal 4. Disproportionate Minority Contact 1. DMC History in Missouri

1988 - Congress mandated DMC in state plans. 1992 Congress tied 25% of funding to DMC work. 2000 MJJA gathered county DMC statistics. 2001 DMC Coordinators in large counties in MO. 2002 Congress changed confinement to contact. 2003 MJJA published report demonstrating DMC in detention. 2004 OSCA published Racial and Gender Equity

Study. 2006 Research project by MU. 2009 2010 DMC Coordinator hired and What DMC is NOT A research project Solving the problems of racism or poverty Blame Game kids, parents, the community, music videos, television, media, the system Gotcha or finger pointing at public

officials Abuse Excuse poor, broken home, bad What is the Relative Rate Index (RRI)? RRI compares rate of youth of color to rate of white youth at particular decision point RRI Calculation Example

# of Black in population 200 # of Black youth referred 60 = .30 ____________________________ () # of White youth referred 40 = .05 # of White youth in pop. 800 .30 = 6 RRI .05 Black youth are 6 times more likely to be referred Missouri RRI 2016 for Status and Law Violations

Court Contact Point AA AA 1. Referrals 2.1 0.5 2. Diverted 0.9 * 3. Secure Detention 2.6 * 4. Charges Filed 1.5

* 5. Delinquent 0.8 6. Probation 0.9 * 7. Confinement DYS Hisp. 0.2 * 1.4

0.4 * 1.4 * * 1.2 Asian *

1.5 * * * * * Commonalities in Disproportionality Most disproportionality occurs at the referral decision point, and is with

African Americans The majority of referrals are from law enforcement and school officials. The offenses with the most disproportionality are Assault 3rd Degree(when a misdemeanor) and Peace Disturbance. How do we address DMC Child Abuse and

Neglect Recommended Practice and Procedure The Doorway Law Enforcement also has the critical responsibility of intervening on behalf of

children subjected to child abuse or neglect. Statute Exclusive Jurisdiction of the Juvenile Court A.The parents, or other persons

legally responsible for the care and support of the child or person seventeen years of age, neglect or refuse to provide proper support, education which is required by law, medical, surgical or other care necessary for his or her well-being; except that reliance by a parent, guardian, or custodian upon remedial treatment other than medical or surgical treatment for a child or person seventeen years of age shall not be construed as

neglect when the treatment is Statute Exclusive Jurisdiction of the Juvenile Court 1. The parents, or other persons legally responsible for the care and support of the child or person seventeen years of age, neglect or refuse to

provide proper support, education which is required by law, medical, surgical or other care necessary for his or her well-being; except that reliance by a parent, guardian, or custodian upon remedial treatment other than medical or surgical treatment for a child or person seventeen years of age shall not be construed as neglect when the treatment is recognized or permitted pursuant to the laws of this state; 2. The child or person seventeen years of age is

otherwise without proper care, custody or support; OR Statute Exclusive Jurisdiction of the Juvenile Court 1. 2.

The parents, or other persons legally responsible for the care and support of the child or person seventeen years of age, neglect or refuse to provide proper support, education which is required by law, medical, surgical or other care necessary for his or her well-being; except that reliance by a parent, guardian, or custodian upon remedial treatment other than medical or surgical treatment for a child or person seventeen years of age shall not be construed as neglect when the treatment is recognized or permitted pursuant to the laws of this state; The child or person seventeen years of age is otherwise without proper care, custody or support; 3.The child or person seventeen

years of age was living in a room, building or other structure at the time such dwelling was found by a court of competent jurisdiction to be a public nuisance pursuant to section 195.130 RSMo.; OR Statute Exclusive Jurisdiction of the Juvenile

Court 1. 2. 3. The parents, or other persons legally responsible for the care and support of the child or person seventeen years of age, neglect or refuse to provide proper support, education which is required by law, medical, surgical or other care necessary for his or her well-being; except that reliance by a parent, guardian, or custodian upon remedial treatment other than medical or surgical treatment for a child or

person seventeen years of age shall not be construed as neglect when the treatment is recognized or permitted pursuant to the laws of this state; The child or person seventeen years of age is otherwise without proper care, custody or support; The child or person seventeen years of age was living in a room, building or other structure at the time such dwelling was found by a court of competent jurisdiction to be a public nuisance pursuant to section 195.130 RSMo.; or 4. The child or person seventeen years of age is a child in need of

mental health services and the parent, guardian, or custodian is unable to afford or access appropriate mental health treatment or care for the child. Authority Exclusive Jurisdiction of the Juvenile Court

#1 Age: Birth to eighteen years of age (not including 18); AND Authority Exclusive Jurisdiction of the Juvenile Court

Age; AND #2 Presence of Juvenile RESIDES WITHIN COUNTY child takes on the residency of the parent; if divorced then parent with actual physical custody Section 211.031.1(3) RSMo.; In the Interest of R.P., 966 S.W. 2d 292 (W.D. Mo.Ct.App. 1998); OR FOUND WITHIN COUNTY actual

physical presence See Section 211.031.1(3) RSMo.; In re Jackson, S.W.2d 320 (S.D. Mo.Ct.App. 1979).; AND 592 Authority Exclusive Jurisdiction of the Juvenile Court

Age; AND Presence of Juvenile; AND #3 Probable Cause to believe that Child has been abused or neglected Child is in circumstances that would reasonably result in abuse or neglect.

Categories of Abuse/Neglect Physical Abuse Physical injury Child Non-accidental means By parent or custodian; OR, By someone else and the parent should have known and failed to protect the child

Spanking must be reasonable Categories of Abuse/Neglect Physical Abuse Evidence of physical harm is generally required Statement of child Statements of a physician

Forensic Interview If child is 3 years or younger and CD determines investigation is needed, child must have an evaluation by a SAFE CARE provider Categories of Abuse/Neglect Sexual Abuse

Sexual contact or activities Inflicted on a child By those responsible for the childs care, custody and control. Categories of Abuse/Neglect Sexual Abuse

Evidence of physical injury or harm is not required in a case involving sexual abuse. Many sexual abuse cases consist of fondling or oralgenital touching, which does not usually cause marks, bruising or physical injury to the child. Categories of Abuse/Neglect

Emotional Abuse Close confinement and unreasonable physical restraint such as tying, binding, handcuffing or gagging a child, patterns of verbal or emotional assault and overly punitive or

exploitative treatment such as denying a child food, shelter, or sleep. Categories of Abuse/Neglect Emotional Abuse Professional psychiatric

diagnosis may be needed to confirm a finding of emotional abuse. Changes to definitions and who has care, custody and control of child SB 160(2017) -victims of abuse and neglect shall also include victims of sex trafficking or severe forms of trafficking Those responsible for care, custody

and control includes any person who takes control of the child by deception, force or coercion. Emergency Protective Custody Who can take a child When can the child be taken Why can the child be taken What is required How long

Emergency Protective Custody If juvenile is in imminent danger Notify Juvenile Officer immediately Reasonable efforts to notify custodian Report to Child Abuse and Neglect Hotline 800-392-3738 Complete Form CS-33 (Childrens Division Authorization to Provide Emergency Alternative Care) Complete Probable Cause Statement as soon as possible, but no later than 12

hours Mandated Reporting If no imminent danger or immediate threat to life, first and most appropriate action is the mandated report to Child Abuse and Neglect Hotline: 800-392-3738 When a Parent or Custodian is Arrested Voluntary

If placement the parent/custodian declines to do so, an immediate report should be made to the Child Abuse and Neglect Hotline, informing them of the immediate need for placement. Placement Limitations and Conditions No

Restraints for children subject to abuse or neglect Physical placements are limited to those approved by the Court. Actual physical placements should be facilitated by the Childrens Division. Placement Limitations and Conditions Children may feel lost, angry and

afraid when placed with a stranger. Preference and first consideration to grandparents, and other relatives. Information needed Non-secure setting Placement Limitations and Conditions Limit Questioning questioning must cease if child refuses to talk. This does not prevent asking questions

necessary to the care, treatment, or placement of the child. Fingerprints/Photographs Order of the Court Required Does not include photographs to document abuse/neglect General Practice

Juvenile Absconders and Requests to Detain Law enforcement should verify that the juvenile is wanted as an absconder or Out-of-State runaway. If agency requests that juvenile be held pending further court action or pending release to parent/guardian/custodian, law enforcement should ask for written verification.

Prepare Probable Cause Statement and Juvenile Referral Report. Juvenile Absconders and Requests to Detain Children in custody of Missouri Childrens Division should be turned over to the Missouri Childrens Division as soon as practical. Not appropriate for placement in detention.

Interstate Compact A uniform law enacted by all 50 states, DC, and Virgin Islands to assist in placement of children from one state to another. Ensures the same protection and services to children as if they had remained in their own state. Custody Disputes

Juvenile Officer has no legal authority to assist any party regarding custody disputes if the juvenile is not subject to the jurisdiction of the Juvenile Division. Records Confidentiality - Section 211.321 RSMo Peace officers records shall be kept separate from records of persons 17 years and older Court Order required to release LE records Destruction of all records

Summons and Child Witnesses Personal service to juveniles 12 and older With a child less than age 12, to the childs custodian. Best practice when serving a child witness: serve the child 12 years of

age and older and the custodian that would need to bring them to court. Emancipation Legal concept related to when and whether parents are required to support a minor No authority in the juvenile code other than through certification Drug/Alcohol Testing

Court order required Parents requesting testing of their child should make arrangements through their family physician or health care provider. Tours of Jails and Adult Prisons Federal policy PROHIBITS juvenile offenders to spend any amount of time in a secure setting or secure

section of an adult jail, lockup, or correctional facility. Juvenile Justice and Delinquency Prevention Act There is history and background concerning the Juvenile Justice and Delinquency Prevention Act Includes core requirement Commonly asked questions Flowchart to help determine whether a juvenile is in secure or non-secure

custody in an adult jail or lock-up Law Enforcement Video Parting the Pipeline: Law Enforcemen t's Guide to Best Practices with Youth in Custody Statewide Resources ParentLink 800-552-8522

Support for parents and professionals with research-based parent information Available 8-5 M-F Parental Stress Helpline 800-367-2543 24 hour assistance for parents in crisis managing childrens behavior National Suicide Hotline 800-784-2433 Access Crisis Intervention Resources in

your area Wrap Up Questions/Comments Marcia Hazelhorst Director, Missouri Juvenile Justice Association

573-616-1058

Recently Viewed Presentations

  • Name title - Leicester`s Research

    Name title - Leicester`s Research

    MRC-EPSRC East Midlands . Breathomics. Pathology Node (EMBER) Health Data Research Centre. L. eicester. P. recision. M. edicine. I. nstitute. Collaboration and strength both academically and industry. We have active collaborations with the Universities in the region, which brings great...
  • Session Code: WIN313 Building Data Visualization Applications with

    Session Code: WIN313 Building Data Visualization Applications with

    Abstract: This session is heavily demo-focused to accentuate how the power of the Windows Presentation Foundation (WPF) can be used to visualize data.
  • Töltésépítés gyenge talajon

    Töltésépítés gyenge talajon

    Töltésalapozások tervezése II. Talajmechanikai problémák A módszerválasztás szempontjai a talajmechanikai problémák kiküszöbölésére Lépcsős építés - ha a talajtörés a fő veszély, viszont van idő a konszolidációra Túltöltés - ha a lassú konszolidáció a fő gond, viszont nincs talajtörési veszély Szalagdrénezés...
  • Dividing Fractions - Fairfield-Suisun Unified School District

    Dividing Fractions - Fairfield-Suisun Unified School District

    Change the division sign to a multiplication sign. Flip the second fraction upside down. Multiply. Reciprocal When you flip the second fraction, you are writing that fraction's reciprocal. Example 1 Example 2 Example 3 Example 4 Homework Time Dividing Fractions...
  • Color Theory - COURSES

    Color Theory - COURSES

    When used together with warm colors like yellow or red, blue can create high-impact, vibrant designs; for example, blue-yellow-red is a perfect color scheme for a superhero. The Meaning of Purple Purple combines the stability of blue and the energy...
  • A Student Guide for Getting Started

    A Student Guide for Getting Started

    Go to fbisd.edmodo.com. Click on "I'm a Student" Enter your name, username (your computer username), password (your computer password), and group code. Go to Profile to choose a favorite quote, your learning style, and career goal. Go to Account>Settings and...
  • Introducing CRL Computing Research Laboratory The Computing Research

    Introducing CRL Computing Research Laboratory The Computing Research

    * BL: change "presenting the answer" to "formulating and presenting the answer" (see Answer Formulation and Presentation process in the diagram of the next slide and in Prange's diagram) TK: I think it would be better to first list all...
  • 922: Sexual Abuse Language: What Did My Foster

    922: Sexual Abuse Language: What Did My Foster

    What Constitutes Sexual Abuse. Sexual abuse is any contact or interaction (physical, visual, verbal or psychological) between a child/adolescent and an adult when the child/adolescent is being used for the sexual stimulation of the perpetrator or any other person.