Determining Custody and Interrogation Procedures for Juveniles, Exams of Law

Download Determining Custody and Interrogation Procedures for Juveniles and more Exams Law in PDF only on Docsity! NC BLET ONLINE PRACTICE EXAM 2024 JUVENILE LAWS AND PROCEDURES | ALL QUESTIONS AND CORRECT ANSWERS | ALREADY GRADED A+ | LATEST VERSION If an infant is taken into temporary custody under legal infant abandonment, the person may ask the parent about their identity, relevant medical history, but: -----CORRECT ANSWER---------------there is no requirement of the parent to provide the info, and the person must inform the parent of this. The Director of DSS is required to do what with the DA after finding evidence of abuse? -----CORRECT ANSWER---------------immediately orally inform the DA, and within *48 hours* submit a written report If DSS receives report of abuse or neglect in a day care facility or home, they must : ----- CORRECT ANSWER---------------notify the Department of Health and Human Resources (DHR), and the Division of Child Development *within in 24 hours or the next working day* How long does DSS have to conduct an assessment upon a physician or hospital reporting suspected abuse? -----CORRECT ANSWER---------------12 hours What is Felony Child Abuse? -----CORRECT ANSWER---------------a parent or other person providing care for a child less than 16 who intentionally inflicts: serious bodily injury resulting in permanent or protracted loss or impairment of any mental or physical function, serious physical injury, commits/permits/encourages prostitution, any sexual act, a reckless disregard for human life resulting in serious bodily injury/serious physical injury What is Misdemeanor Child Abuse? -----CORRECT ANSWER---------------a parent or other person providing care of a child less than 16 who intentionally inflicts: physical injury, allows physical injury, creates or allows a substantial risk of physical injury, upon a child by other than accidental means. What is Contributing to Delinquency and Neglect by Parents and Others? ----- CORRECT ANSWER---------------any person 18 or older who knowingly or willfully causes, encourages, or aids a juvenile in delinquent, undisciplined, abused, or neglectful behavior Taking Indecent Liberties with a Student: -----CORRECT ANSWER---------------willfully taking or attempting any immoral, improper, or indecent liberties with a student for the purpose of *arousing* or *gratifying sexual desire*, or any lewd or lascivious act with the student. (this doesn't include vaginal intercourse or a sexual act) Intercourse and sexual offenses with certain victims: -----CORRECT ANSWER------------ ---if any member of education staff, who is at least 4 years older (Class G Felony), or less than the student (Class I Felony), engages in vaginal intercourse or any sex act with the student. (except if lawfully married to the student) (Class E Felony if done by a parent or guardian) When can a LEO or social worker take temporary custody of a juvenile? -----CORRECT ANSWER---------------when there are grounds to believe the juvenile is being abused, neglected, or dependent, and the juvenile could be injured or could not be taken into custody if it was first necessary to get a court order. If an officer takes a juvenile into temporary custody he must? -----CORRECT ANSWER- --------------1. notify the parents, 2. advise the parents of the right to be present, 3. release the juvenile to the parent if continued custody is necessary, 4. officer shall communicate with DSS, if DSS decides to file a petition they must contact a district court judge. 6 - 16: may be charged as a delinquent juvenile What is an Emancipated Minor? -----CORRECT ANSWER---------------a person 16 or 17 who petitions the court to be legally treated as adults. this includes married 16 or 17 yr olds. this decree is irrevocable Define: Juvenile Court Counselor -----CORRECT ANSWER---------------a person responsible for intake and court supervision of juveniles Define: Probation -----CORRECT ANSWER---------------when a juvenile is adjudicated delinquent and is subject to specified conditions under the supervision of a Juv. Court Counselor, generally 6 - 12 months Define: Undisciplined Juvenile -----CORRECT ANSWER---------------1. a person between 6 and 17 who is: -consistently absent from school -regularly disobedient beyond the control of the parents -is regularly found in places where it is unlawful for a juvenile to be -a runaway longer than 24 hours Define: Truancy -----CORRECT ANSWER---------------a parent of a child between 7 and 16 must make their child attend school. *after 3* unexcused absences, the principal will notify the parent. *after 6* unexcused absences, the principal will notify parents by mail that may be in violation of law. *after 10* unexcused absences, the principal will meet with the parent and student to decide if the parent has made a good faith effort to comply with the law, if not, the principal will notify DSS and the DA. Define: Beyond Parental Control -----CORRECT ANSWER---------------when a juvenile is beyond the parents control, or the parent is unable or unwilling to control the juvenile. if a juvenile is taken into temporary custody because they are beyond the parents parental control, how long can they be held? -----CORRECT ANSWER---------------12 hours Define: Runaway Juvenile -----CORRECT ANSWER---------------a person under 18 who is not emancipated, in the military, or married, who runs away from home for a period longer than 24 hours Define: Interstate Compact on Juveniles -----CORRECT ANSWER---------------a multi state agreement on the treatment of juveniles across state lines, allows officers of other states to take temp. custody of a runaway juvenile If an officer takes a juvenile into temporary custody, he should choose the appropriate course of action, his options are: -----CORRECT ANSWER---------------1. release the juvenile, with or without first counseling them 2. release the juvenile to the parents or guardians 3. refer the juvenile to community services 4. seek a petition 5. seek a petition and request a custody order What is the best place for a non custodial conference? -----CORRECT ANSWER---------- -----an office is ideal Procedures for non custodial conferences : -----CORRECT ANSWER---------------1. insist of privacy, 2. sit down and relax, 3. LE be careful not to cause a custodial interrogation, 4. Confirm the info, 5. ask the parents if they're experiencing problems, 6. Discuss possibility of diverting the child from court. 7. *officers should consider the nature of the offense, age, history, and willingness of juv. and parents*, 8. if juvenile fails diversion, may seek a petition. 9. notify the family that they intend to file a complaint with the DJJ. Custodial Interrogation procedures -----CORRECT ANSWER---------------Must advise juvenile of their rights, must check the age before interrogation, if juvenile is under 16 must have a parent or counsel present for confession to be admissible, for a rights waiver to be valid officer must explain the rights to juvenile, if the juvenile wishes to stop questioning the officer shall cease questioning, all interrogations of juveniles *must be electronically recorded in their entirety*. If an officer charges a juvenile, he must notify: -----CORRECT ANSWER---------------the parents by telephone asap AND the principal of the juvenile's school. this must be done within 5 days of charge. The ___________ promotes self-reliance and self sufficiency and works to prevent abuse, neglect, dependency, and exploitation of vulnerable individuals, children, and their families. -----CORRECT ANSWER---------------The Division of Social Services DSS What generally focuses on the behavior of adults that results in abuse, neglect, or dependency of a child? -----CORRECT ANSWER---------------Division of Social Services DSS What generally focuses on the behavior of juveniles, specifically inappropriate or delinquency? -----CORRECT ANSWER---------------Juvenile Justice System What is an Abused Juvenile? -----CORRECT ANSWER---------------any juvenile under 18 who is a minor victim of human trafficking or whose parent/guardian/custodian/caretaker inflicts or allows to inflict: serious physical injury, substantial risk of serious physical injury, cruel or grossly inappropriate devices to modify behavior, commits, permits, or encourages the commission of a violation of certain laws, with or upon the juvenile, serious emotional damage, approves of delinquent acts, any offence under G.S. 14- 43.11, .12, or .13 What are some examples of Child Abuse? -----CORRECT ANSWER---------------incest, broken bones, burns, bites, bruises, cuts , severe anxiety related to abuse, etc. Who can be considered a Caretaker of a juvenile? -----CORRECT ANSWER--------------- any person other than parents, guardians, or custodians. What must the courts find to issue an ex parte order? -----CORRECT ANSWER----------- ----1. probable cause that the juvenile is at risk of immediate harm, and 2. the respondent is interfering or obstructing the directors ability to investigate If a person refuses to comply with an active ex parte order, what may they be subject to? -----CORRECT ANSWER---------------civil or criminal contempt proceedings GS 7B-3100 permits designated agencies to share: -----CORRECT ANSWER-------------- -relevant info about juveniles who are abused, neglected, dependent, or undisciplined. the info is confidential and not public knowledge Who has a duty to report child abuse or neglect? -----CORRECT ANSWER--------------- GS 7B-301: every person How can reports of abuse and neglect be made? -----CORRECT ANSWER--------------- orally, by phone, or in writing What is the only exception to reporting abuse or neglect? -----CORRECT ANSWER------ ---------when an attorney acquires knowledge from their client (attorney-client privilege) during representation in the abuse, neglect, or dependency case that grounds exist not to report. How long after discovery of abuse or neglect does an officer have to submit a written report of findings to the Director of DSS? -----CORRECT ANSWER---------------48 hours How long does DSS have to notify the SBI if they've received report of child sexual abuse in a day care facility or home? -----CORRECT ANSWER---------------24 hours *or* next work day When must doctors or hospital staff report injuries to law enforcement? -----CORRECT ANSWER---------------when the injuries appear to be non-accidental trauma When is infant abandonment legal? -----CORRECT ANSWER---------------when a parent voluntarily abandons an infant *less than 7 days old*, by delivering the infant to a LEO on duty, or to a police station, sheriff's department, or an EMS worker on duty, without expressing an intent to return for the infant. the parent *cannot* be prosecuted. when can an officer not notify the parents or guardian of a juveniles arrest? ----- CORRECT ANSWER---------------If the juvenile is emancipated, a motor vehicle violation 3 points or less, or a non moving violation. What is a non divertable offense? -----CORRECT ANSWER---------------an offense so severe, the juvenile may not be diverted from the court system When must LE agencies fingerprint and photograph juveniles? -----CORRECT ANSWER---------------1. juvenile is 10 or older 2. alleged non divertable offense 3. a complaint for a petition has been prepared for filing 4. juv. in physical custody of LE or DJJ If LE hasn't taken prints, or they were destroyed they must only print when: ----- CORRECT ANSWER---------------1. juv. has been adjudicated delinquent 2. 10 or older at time of offense 3. offense would be a felony by an adult After a juvenile who is 10 or older, is adjudicated delinquent of a felony, the fingerprints must be sent: -----CORRECT ANSWER---------------to the SBI and placed in AFIS When to destroy juvenile fingerprints and photographs? -----CORRECT ANSWER-------- -------1. if a petition is not filed within one year of prints or photo 2. court finds no probable cause 3. juvenile not adjudicated delinquent of felony or misdemeanor Nontestimonal ID procedures shall not be conducted on a juvenile without: ----- CORRECT ANSWER---------------a court order, unless charged as an adult or transferred to superior court What are examples of nontestimonial evidence? -----CORRECT ANSWER--------------- fingerprints, hair samples, blood or urine, saliva, photographs or lineups, other physical evidence NTO for *anything but* blood, courts must have: -----CORRECT ANSWER---------------1. *Probable cause* of felony 2. *Reasonable grounds* to believe they committed the offense 3. The NTO will aid in determining the juv. named committed the offense NTO for blood, courts must have: -----CORRECT ANSWER---------------1. *Probable cause* of felony 2. *Probable cause* to believe they committed the offense 3. *Probable cause* the NTO will aid in determining the juv. named committed the offense. When to destroy NTO evidence? -----CORRECT ANSWER---------------1. no petition is filed against the juvenile 2. juv. not adjudicated delinquent 3. juv. under 13 is adjudicated delinquent for offense less than a felony What must all petitions of the court contain? -----CORRECT ANSWER---------------name, dob, physical address of the juvenile, and the name and physical address of the parents, facts of every elements of offense, offense committed and time to appear Does a petition of the court authorize taking physical custody? -----CORRECT ANSWER---------------No, for LE only a Secure Custody Order 6. Encourages, directs, or approves of delinquent acts involving moral turpitude committed by the juvenile: fraud, larceny, prostitution, etc. 7. Commits or allows to be committed an offense like human trafficking, involuntary servitude, and sexual servitude against the child. What is moral turpitude? ------CORRECT ANSWER--------------------Acts which evidence a depraved mind or disregard for acceptable societal standards What are some of the laws that a guardian (or someone in that role) allows to be violated or violates themselves to constitute an abused juvenile? ------CORRECT ANSWER--------------------1. First degree rape: G.S. 14-27.1 2. First degree statutory sexual offense: G.S. 14-27.29 3. Statutory sex offense with a child by an adult offender: G.S. 14-28 4. Sexual act by a custodian: G.S. 14-31 5. Preparation of obscene photographs, slides, or motion pictures of a juvenile: G.S. 14- 190.5 What are some examples of child abuse? ------CORRECT ANSWER-------------------- Incest, broken bones, burns, bites, bruises, cuts, severe anxiety related to the abuse, etc. What is a caretaker? ------CORRECT ANSWER--------------------Any person other than a parent, guardian, or custodian who has responsibility for the health and welfare of a juvenile in a residential setting. Ex: stepparent, foster parent, and adult member of the juvenile's household, an adult relative entrusted with juvenile's care, a potential adoptive parent during a visit or trial placement with the juvenile in the custody of a department, house parent/cottage parent What is a custodian? ------CORRECT ANSWER--------------------The person or agency that has been awarded legal custody of a juvenile by court What is a dependent juvenile? ------CORRECT ANSWER--------------------A juvenile in need of assistance or placement because: - the juvenile has no parent, guardian, or custodian responsible for the juvenile's care/supervision - the juvenile's parent, guardian, or custodian is unable to provide for the juvenile's care/supervision and lacks an appropriate alternative child care arrangement Who is a director? ------CORRECT ANSWER--------------------The head of the county DSS in the county where the juvenile resides or is found or other representatives as authorized. Who is considered a juvenile? ------CORRECT ANSWER--------------------A person who has not reached their 18th birthday and is not married, emancipated, or a member of the military What is a neglected juvenile? ------CORRECT ANSWER--------------------Any juvenile who is found to be a minor victim of human trafficking or whose parent/guardian/custodian/caretaker: - does not provide proper care, supervision, or discipline - has abandoned them - has not provided necessary medical care - has not provided necessary remedial care - lives in an environment injurious to the juvenile's welfare - custody of whom has been unlawfully transferred - has placed them for care or adoption in violation of the law What aids in determining a juvenile's neglected status? ------CORRECT ANSWER-------- ------------If there is a history in that home of a juvenile dying from abuse or neglect or a home whether another juvenile has been subjected to abuse or neglect by an adult who regularly lives in the house. What are some examples of reasonable efforts? ------CORRECT ANSWER----------------- ---When DSS uses preventive or reunification services if a juvenile is remaining at home or returning home. OR If a court determines the juvenile should not return home, the diligent and timely use of permanency planning services to develop and implement a permanent plan for the juvenile. What is a safe home? ------CORRECT ANSWER--------------------A home in which the juvenile is not at substantial risk of physical/emotional abuse or neglect What does juvenile court have jurisdiction over? ------CORRECT ANSWER----------------- ---1. Any case involving a juvenile who is determined to be abused, neglected, or dependent. 2. A parent or guardian of the juvenile who has been adjudicated abused, neglected, or dependent as long as they have been properly served with a summons. *They do not have jurisdiction over cases involving adult defendants alleged to be guilty of abuse/neglect.* How does a juvenile court keep its jursidiction? ------CORRECT ANSWER------------------- -Once jurisdiction has been obtained, it will continue until one of the following conditions have been met: 1. Until terminated by the court 2. Until the juvenile reaches 18 3. Until emancipation What is the role of law enforcement when there is an LE investigation of child abuse? --- ---CORRECT ANSWER--------------------1.Provide necessary medical assistance 2. Notify DSS immediately if you believe a juvenile has been abused 3. If applicable, notify the juvenile investigator if in policy 4. Take child into temporary custody if necessary/applicable 5. Crime scenes should be handled the same as any other: protect/gather evidence, photograph injuries, etc. May need consent or search warrant to search the crime scene. 6. Conduct interviews. If agency works with Child Advocacy Center, contact them to conduct forensic interview in instance of alleged sexual abuse. How should an officer handle complaints during an LE investigation of child abuse? ----- -CORRECT ANSWER--------------------The initial approach should be made in a Duty to Report under G.S. 7B-301 ------CORRECT ANSWER--------------------Every person has the legal duty to report facts which lead the person to believe a juvenile is being abused/neglected or has died as a result of maltreatment. The case must be reported to: Director of DSS, intake services of DSS in the county where the juvenile resides or is found. How can the report be made? Orally, written, by telephone. What should be included in your report as an LEO under G.S.7B-301? ------CORRECT ANSWER--------------------Information regarding: 1. Juvenile's name, age, address, and current whereabouts 2. his or her parents'/guardians' name and address 3. the names and ages of other juveniles in the home 4. the nature and extent of suspected injury or conditions 5. any other relative information which would facilitate a DSS response Under G.S. 7B-301, the duty to report only applies if a person suspects: ------CORRECT ANSWER--------------------1. Juvenile is a minor victim of human trafficking 2. Juvenile is dependent as defined in the juvenile code 3. Juvenile has died as a result of maltreatment 4. A juvenile is abused/neglected as those terms are defined in G.S. 7B-101 by their parent, guardian, custodian, or caretaker. When does G.S. 7B-301 not require someone to report suspected abuse? ------ CORRECT ANSWER--------------------If the juvenile was abused by someone OTHER THAN their parent/guardian/custodian/caretaker. Duty to Report Under G.S. 14-318.6 ------CORRECT ANSWER--------------------Any person 18 years or older knows or should reasonably know a juvenile is or has been the victim of a violent offense, sexual offense, or misdemeanor child abuse under 14-318.2 must immediately report the case to appropriate LE agency in the county where juvenile lives/is found. How can the report be made? Orally or by telephone. What should be included in the report under G.S.14-318.6 ------CORRECT ANSWER---- ----------------Information about: 1. Juvenile's name, address, and age 2. Juvenile's parent/guardian name and address 3. Name, address, and age of person who committed the offense against the juvenile 4. location where the offense was committed 5. names and ages of other juveniles present or in danger 6. present whereabouts of the juvenile, if not at home address 7. nature and extent of any injury or condition resulting from offense 8. any other helpful information in establishing the need for LE involvement. Under G.S. 14-318.6, if an LEO finds evidence a juvenile may be abused who should they make their reports to? ------CORRECT ANSWER--------------------Director of DSS for county 1. Oral report ASAP 2. Subsequent written reports of findings within 48 hours after the discovery of evidence. When do these statutes for reporting child abuse not require a report? ------CORRECT ANSWER--------------------Privileged relationships like: physician/patient and attorney/client Duty to Report Under G.S. 110-105.4 ------CORRECT ANSWER--------------------Where a report is received of child sexual abuse in a day care facility or home, DSS must notify SBI within 24 hours or on the next work day. If during any other investigation, it is found that child sexual abuse may have occurred in a day care facility, then DSS must notify SBI. Duty to Report Under G.S. 90-20.21 ------CORRECT ANSWER-------------------- Physicians and hospitals must report to the appropriate LE agency, recurrent illness or serious physical injury to any child under 18 where the illness or injury appears to be the result of non-accidental trauma. What are the steps of DSS assessing a case? ------CORRECT ANSWER-------------------- 1. Gain the facts, the extent of abuse, and risk of harm of juvenile 2. Determine whether to provide protective services or file a petition - Options: immediate removal of juvenile from home, arrangement for protective services in the home, and filing of a petition in District Court. Protective services workers are authorized to assume temporary custody of an abused juvenile where warranted. What is law enforcements role in assisting a DSS evaluation? ------CORRECT ANSWER--------------------If a LE agency believes the release of information will jeopardize the state's right to prosecute or a defendant's right to a fair trial, the agency may seek a court order to prevent disclosure of the information. Such actions are to be given immediate priority on the trial and appellate court dockets. Most communities use multi-disciplinary team approach in dealing with abuse and death of a child cases. What is an exception to prosecuting a parent for infant abandonment? ------CORRECT ANSWER--------------------If they abandon an infant, less than seven days old, to a LEO on duty, EMS on duty, or Fire on duty without expressing the intent to return for the child they cannot be prosecuted for abandonment of the child or for unlawful surrender of the child. Individual should immediately notify DSS or LE agency if they receive infant under 7 days old. May request information on parent, but must tell them they are not required to give it. What is the role of the DA in DSS investigations? ------CORRECT ANSWER---------------- ----Director of DSS is required to make immediate oral report and subsequent written ones to the DA and appropriate local LE within 48 hours of receiving report of abuse. (Procedure is also the same for information a child may have been harmed by someone other than parent/guardian). Local LE must immediately initiate and coordinate a criminal investigation with DSS investigation. Must be initiated no later than 48 hours after receipt of information from DSS. *The DA will decide whether to prosecute after completion of the investigation.* Juveniles alleged to be undisciplined includes 16-17 year olds in all undisciplined matters except mandatory school attendance. What is taking indecent liberties with a student? ------CORRECT ANSWER------------------ --Willfully taking or attempting to take any immoral, improper, or indecent liberties with a student for the purpose of arousing or gratifying sexual desire OR willfully committing or attempting to commit any lewd act upon or with the body or any part/member of the body of a student. This does not include vaginal intercourse or a sexual act. If the defendant is teacher/administrator/school safety officer/coach/etc. who is at least four years older than victim and takes indecent liberties with student, it is a CLASS I (the letter) FELONY. Less than four years is also CLASS I (the letter) FELONY. What is intercourse and sexual offenses with certain victims/student? ------CORRECT ANSWER--------------------If a defendant works for the school that the student attends and is at least four years older than the victim, engages in vaginal intercourse or a sexual act with a student the defendant is guilty of a CLASS G FELONY, except when the defendant is lawfully married to the student. Less than four years, does the same thing: CLASS I (the letter) FELONY A defendant who has assumed a position as parent/guardian of minor or is employee of institution having custody of a minor and engages in vaginal intercourse or sex act with the minor: CLASS E FELONY Who brings all petitions and summons filed in the clerk's office in the district where a juvenile resides or is present? ------CORRECT ANSWER--------------------DSS What is temporary custody? ------CORRECT ANSWER--------------------The taking of physical custody and providing personal care and supervision until a court order for nonsecure custody can be obtained. *Personal care/supervision means close/constant supervision by LEO who took child into temporary custody. It does not mean juvenile can be placed in room alone or given to someone else to care for and watch.* What must someone who takes a juvenile into temporary custody do? ------CORRECT ANSWER--------------------1. Notify the juvenile's parents/guardian that they have been taken into temporary custody 2. Advise the parent/guardian of the right to be present with the juvenile until a determination is made as to the need for nonsecured custody 3. Release the juvenile to the parent/guardian if the person having the juvenile in temporary custody decides that continued custody is unnecessary 4. The person having temporary custody must communicate with DSS and Director can file petition with district court for determination of need for continued custody if necessary. varies by judicial district. 5. A juvenile cannot be held in temporary custody more than 12 HOURS (or more than 24 HOURS if any of the 12 hours falls on the weekend or holiday) unless: - petition or motion for review has been filed by DSS and - an order for nonsecure custody has been entered by the court What is nonsecure custody? ------CORRECT ANSWER--------------------The order must first consider the release of the juvenile to the parent/relative/guardian/etc. If the court issues a nonsecure custody order, LE serves the order and the person designated in the order to take custody of the child. Copy must be given to parents/guardian. When is a nonsecure custody order made? ------CORRECT ANSWER-------------------- Made only when there is reasonable factual basis that the matters alleged in the petition are true and: 1. juvenile has been abandoned or 2. has suffered physical injury or sexual abuse or 3. is exposed to substantial risk or physical injury or sexual abuse because the parent/guardian - has created conditions likely to cause injury or abuse or - has failed to provide or is unable to provide adequate supervision or protection or 4. juvenile needs medical treatment to cure or alleviate serious physical harm which may result in death/disfigurement AND the juvenile's parent is unable or unwilling to provide consent to medical treatment 5. juvenile's parent/guardian consents to the nonsecure custody order or 6. juvenile is a runaway and consents to nonsecure custody order Who is appointed to a juvenile when they are alleged to be abused or neglected? ------ CORRECT ANSWER--------------------Guardian ad Litem (GAL): tasked with assessing facts and determining the needs of the juvenile, assisting with court proceedings, represent interests of juvenile, etc. What is kidnapping by a parent? ------CORRECT ANSWER--------------------For any type of action to be brought in cases where it is alleged that one parent has "snatched" or kidnapped their child, there must first be enforceable and valid court order in place governing custody of the child. Until this order is entered, any parent may take the child anywhere. LEO should determine if any court order exists simply by asking the parent. If no order exists, the LEO can't force either spouse to comply with the other's wishes. LEO should explain the spouse complaining should seek advice from family law attorney because resolution can't be handled by LEOs. In kidnapping by a parent, what should an LEO do if an order does exist? ------ CORRECT ANSWER--------------------Do NOT attempt to enforce the orders without further discretion from the issuing court. The custody statutes provide remedy and specify the process where the complaining parent can seek redress. *An officer should NEVER take a child away from one parent and give it to the other parent without explicit authority from the court.* What are the restrictions if a court has awarded custody of a child 16 or younger to a parent? ------CORRECT ANSWER--------------------It is a felony for any person to take/transport the child from any point within the State to any point outside the State. Keeping the child outside the State in violation of a court order for a period of 72 or more hours is evidence of the offender's intent to violate the custody order at the time they took the child out of the State. Persons who violate this will be punished as Class I (the letter) felons. What are the procedures that the North Carolina Center for Missing Persons recommends following receiving a missing child report? ------CORRECT ANSWER------- -------------1. Complete the missing person report form and advise parents to contact the NC Center for Missing Persons by calling 2. Determine if emergency measures are necessary if the missing child appears in danger or under a disability Additional Strategies for Working with Youth: FINDING COMMON GROUND ------ CORRECT ANSWER--------------------Ask questions about the juvenile's home, school, friends, etc. to find similarities you can relate to. Additional Strategies for Working with Youth: LOOKING FOR SIGNS OF STRENGTH -- ----CORRECT ANSWER--------------------Important to see the juvenile as a person who has assets and value/worth as a person, not just their faults. Additional Strategies for Working with Youth: IDENTIFY STRENGTH ------CORRECT ANSWER--------------------allows you to build a relationship by pointing out to the juvenile that you are aware of their positive qualities or behaviors. Additional Strategies for Working with Youth: TRUST ------CORRECT ANSWER----------- ---------firm reliance on the integrity, ability, or character of a person Develops over time based on effects of one-on-one day-to-day relationships. Common attributes that build this are: being committed to a goal, caring deeply about who you serve, honest/integrity, and acknowledging your mistakes. What is a community-based program? ------CORRECT ANSWER-------------------- provides non-residential or residential treatment to a juvenile under the jurisdiction of the juvenile court where the juvenile's family lives. May include specialized foster care, family counseling, shelter care, etc. ` What is a delinquent juvenile? ------CORRECT ANSWER--------------------Less than 18 but at least 16, commits indirect contempt by a juvenile or a crime/infraction under State or local government. Which juveniles are tried as an adult? ------CORRECT ANSWER-------------------- Juveniles emancipated before 18, between the ages 6-16 What is detention? ------CORRECT ANSWER--------------------Secure confinement of a juvenile under a court order What is a detention center? ------CORRECT ANSWER--------------------Facility approved to provide secure confinement and care for juveniles. Include both State and locally administered homes, centers, and facilities. What is an emancipated minor? ------CORRECT ANSWER--------------------16 or 17 years old who has been a resident of the same county or federal territory in NC for six months may petition the court in that county for judicial decree of emancipation. A married juvenile is also emancipated. Irreversible. Who is a judge? ------CORRECT ANSWER--------------------any district court judge What is juvenile court? ------CORRECT ANSWER--------------------district court exercising jurisdiction un NCGS Chapter 7B Who is a juvenile court counselor? ------CORRECT ANSWER--------------------person responsible for intake services and court supervision services to juveniles under the supervision of the chief court counselor What is post-release supervision? ------CORRECT ANSWER--------------------supervision of a juvenile who has been returned to the community after having been committed to the Division of Adult Correction and Juvenile Justice for placement in a youth development center What is Probation? ------CORRECT ANSWER--------------------status of a juvenile who has been adjudicated delinquent is subject to specified conditions under the supervision of a juvenile court counselor, and may be returned to the court for violation of those conditions during the period What is protective supervision? ------CORRECT ANSWER--------------------status of a juvenile who has been adjudicated undisciplined and is under the supervision of juvenile court counselor What is a teen court program? ------CORRECT ANSWER--------------------community resource for diversion of cases in which juvenile has allegedly committed certain offenses for hearing by a jury of the juvenile's peers, which may assign them to counseling, restitution, curfew, community service, etc. What is an undisciplined juvenile? ------CORRECT ANSWER--------------------Less than 16 but at least 6, unlawfully absent from school or is regularly disobedient to and beyond the disciplinary control of the juvenile's parents/guardian, found in places where it is unlawful for a juvenile to be, or has run away from home for more than 24 hours OR 16 or 17 years old and is regularly disobedient to and beyond the disciplinary control of juvenile's parent/guardian, is regularly found in places where it is unlawful for a juvenile to be or has run away from home for more than 24 hours What is a youth development center? ------CORRECT ANSWER--------------------secure residential facility authorized to provide long term treatment, education, and rehabilitative services for delinquent juveniles committed by the court to the Division of Adult Correction and Juvenile Justice. When does juvenile court's jurisdiction over a juvenile expire? ------CORRECT ANSWER--------------------1. terminated by order of the court 2. the juvenile reaches 18 3. juvenile is emancipated The court also has jurisdiction over the parent/guardian if they have been served with proper summons Conducting Parent-Juvenile Conferences: COUNSELING ------CORRECT ANSWER----- ---------------Best left to professionals like social workers or psychologists. However, may be times LEOs may need to facilitate discussions between parties. Not trained in this so just try and use open dialogue to listen, reflect, clarify issues, etc. How should an LEO prepare for the initial non-custodial conference? ------CORRECT ANSWER--------------------1. Ensure parties are communicating effectively 2. Pick a comfortable location for being. Office at the police station may be ideal. If juvenile has been arrested, maybe meet in place of arrest location. BUT office is best place: safer than home, more privacy. What are the suggested procedures for the initial meeting? ------CORRECT ANSWER--- -----------------1. Insist on privacy 2. Sit down, relax, take your time, explain why child is in custody 3. Make sure you aren't in situation that would qualify as custodial interrogation. Age is a factor. Law enforcement can also make a statement on what they think happened without letting the juvenile make a statement. 4. Confirm the information the juvenile has given. 5. Ask parents if they're experiencing any problems with the child or if they have any extra information that may be helpful to explain behavior 6. Discuss criteria for diverting the child from court (if appropriate). May have the authority to require other remedial measures. 7. Release the juvenile to parent/guardian and provide them contact information for appropriate resources, like mental health agencies, DSS, etc. 8. Refer the juvenile to community resources 9. Seek a petition 10. Seek petition and request custody order What are the methods for considering dispositional alternatives for delinquent juveniles? ------CORRECT ANSWER--------------------1. Seriousness of the offense 2. Need to hold the juvenile accountable 3. Importance of protecting public safety 4. Degree of culpability indicated by the circumstances of the case 5. Rehabilitative and treatment needs of the juvenile, as indicated by a needs assessment. What are some alternative methods a Court may require depending on the determination made on the previously listed methods of consideration? ------CORRECT ANSWER--------------------1. Require the juvenile to be supervised in their home by DSS, a juvenile court counselor, or another person; be placed in custody of parent/guardian/agency; or be placed in custody of DSS 2. Order juvenile to cooperate in community-based program, including treatment programs or residential treatment programs 3. Order juvenile to perform community service 4. Order to pay restitution 5. Regular or intensive probation 6. Order to participate in victim-offender reconciliation 7. Order to submit to house arrest 8. Order to cooperate with wilderness program 9. Order to be confined to detention facility, group home, or development center. What are the guidelines of noncustodial interviews? ------CORRECT ANSWER------------ --------Juvenile Miranda warnings must be given when juvenile interrogates in custodial setting. Not required when interrogated in noncustodial setting. Court may use to determine whether individual is in custody: what reasonable person would believe himself to be in custody or deprived of freedoms. Dealing with juveniles, however, since age is a factor: reasonable child standard: would a child of that age believe they are under arrest What are some factors a court may consider when determining whether an individual is in custody or not? ------CORRECT ANSWER--------------------1. Language used by the officer, including advising the juvenile they are not under arrest and are free to leave 2. How many officers participate in the interrogation 3. Age of the juvenile 4. Time, place, nature of interrogation 5. Extent to which defendant was restrained or free to leave 6. Presence of weapon 7. Use of locked doors 8. Whether handcuffs were applied 9. Use of posted guards What are an LEOs procedures for conducting a custodial interrogation? ------CORRECT ANSWER--------------------1. Advise the juvenile of their Constitutional rights by giving Miranda warnings, advise juvenile of additional statutory right to have parent/guardian present during questioning 2. Check the age of juvenile before custodial interrogation, as juvenile rights are specific to age. Required warnings given when taken into custody if: less than 18, not member of military, not emancipated by marriage or court order. If juvenile is 16 or older, they may waive their rights and make a statement without parent/attorney present. 3. If under 16, MUST have parent/attorney present for any confession to be admissible 4. Obtain valid waiver of rights: advise them of their rights and be able to show they understood and voluntarily/knowingly/understandingly waived their rights. Officers must be able to document why they believe the knowingly and voluntarily made the waive. Court may dismiss interrogation as evidence if they do not believe statement was made voluntarily 5. Officer will cease questioning if juvenile indicates at any point they do not wish to be questioned What are the juvenile Miranda Warnings? ------CORRECT ANSWER--------------------1. Juvenile has right to remain silent 2. Any statement the juvenile makes can be and may be used against them 3. Juvenile has a right to have a parent/guardian present during questioning and 4. Right to consult with attorney and one will be appointed for juvenile if they are not represented and wants represented *Juveniles are presumed indigent* What should an LEO consider when wanting to conduct a custodial interrogation of a juvenile? ------CORRECT ANSWER--------------------1. ALWAYS use the printed card to advise Miranda to ensure the rights are read accurately 2. Use written waiver of rights form. Read everything to them and have them follow along with you and initial each section to show they understood. 3. All custodial interrogations in place of detention must be electronically record in entirety from time they were advised of rights until completion of interview. May be audio or visual. If possible, do both. 4. Keep detailed notes regarding interview (beginning and end time, environment, juvenile's condition, answers to all questions, your conduct, etc. What is a place of detention? ------CORRECT ANSWER--------------------jail, police station/sheriff's office, correctional or detention facility, holding facility for prisoners, or other facility where persons are held in custody in connection with criminal charges To secure a NTO from the court for anything but a blood specimen, an officer must establish: ------CORRECT ANSWER--------------------1. That there is probable cause to believe an offense has been committed that would be a felony if committed by an adult 2. Reasonable grounds to suspect that the juvenile named or described in the affidavit committed the offense 3. The results of specific nontestimonial identification procedures will be of material aid in determining whether the juvenile named in the affidavit has committed the offense. When may a NTO to obtain a blood specimen from a juvenile be issued? ------ CORRECT ANSWER--------------------1. Probable cause to believe an offense has been committed that would be felony if committed by an adult 2. Probable cause to believe the juvenile named in the affidavit committed the offense and 3. Probable cause to believe that obtaining a blood specimen from the juvenile will be of material aid in determining whether the juvenile named in the affidavit committed the offense Can a statement be taken from a juvenile during a nontestimonial identification procedure? ------CORRECT ANSWER--------------------Not unless the juvenile has counsel present When should NTO records be destroyed? ------CORRECT ANSWER--------------------1. no petition is filed against the juvenile 2. the juvenile is not found to be delinquent or convicted following a transfer to superior court 3. if juvenile under 13 is adjudicated delinquent for an offense that would be less than a felony if committed by an adult When should NTO records be kept for a juvenile? ------CORRECT ANSWER--------------- -----If 13 or older and is found delinquent for offense that would be a felony if committed by an adult or a case is transferred to superior court and results in conviction. Petition and Summons by Juvenile Court Services: What should petitions contain? ------ CORRECT ANSWER--------------------Name, DOB, physical address of juvenile, and name and physical address of juvenile's parent. Should contain facts which invoke jurisdiction as well as a statement asserting facts which support every element of the offense. Petition cannot contain information on more than one juvenile. *The petition does not authorize taking of physical custody of the juvenile.* What does a petition and juvenile summons do together? ------CORRECT ANSWER----- ---------------Alleges an offense committed by a juvenile and a time to appear in court for a hearing. How should a juvenile court counselor file a petition? ------CORRECT ANSWER----------- ---------Creates the petition. If counselor is not available, clerk of court may assist. Action begins after petition is filed in clerk's office or verified by a magistrate if the clerk's office isn't open and the situation is an emergency requiring a custody order. Petition and Summons by Juvenile Court Services: SUMMONS ------CORRECT ANSWER--------------------The clerk must issue a summons immediately after petition is filed alleging a juvenile is undisciplined or delinquent. Must be personally served on parent/guardian and juvenile no less than 5 days before the hearing. Give notice and purpose of proceeding, notice of right to counsel and how to seek it. Parent advised they must attend the hearing and failure may be considered contempt of court. What types of juveniles can and LEO take into temporary custody? ------CORRECT ANSWER--------------------1. Delinquent: if they do something an adult would be arrested for 2. Undisciplined Juvenile: if there are reasonable grounds to believe that the juvenile is undisciplined 3. Absconder: reasonable grounds to believe the juvenile is an absconder (one who has escaped custody) from a residential facility. usually confirmed through NCIC. Court counselors, personnel of the Division, and members of other facilities can detain these. What about deadly force with a juvenile? ------CORRECT ANSWER-------------------- Cannot be used to prevent escape or effect custody of a juvenile when the juvenile presents no imminent threat of death or serious injury to officers or a third person. Force equal to resistance. BE VERY CAREFUL WITH JUVENILES. What are the duties of an LEO who takes a juvenile into custody without a court order? - -----CORRECT ANSWER--------------------Cannot be held more than 12 HOURS or 24 HOURS on the weekend or holiday unless petition filed by intake counselor for secured or nonsecure custody has been entered. 1. Notify the juvenile's parent/guardian the child has been taken into custody and advise them of their right to be present with juvenile until determination is made on custody need. Failure to notify is grounds to release juvenile 2. Release juvenile to their parent/guardian if continued custody is unnecessary 3. If juvenile is not released, officer should communicate with a juvenile court counselor, who shall decide for filing the petition and need for continued custody 4. After juvenile has absconded form youth center: contact Court Services to arrange for order for secure custody and transport to nearest detention facility and contact facility's administrator where they escaped Who has the authority to issue custody orders? ------CORRECT ANSWER------------------ --any district court judge. the chief district court judge may also delegate the court's authority to the chief court counselor or their staff by administrative order What is the criteria for nonsecured custody? ------CORRECT ANSWER-------------------- First consider release of juvenile to parent/guardian. Must only be made when matters alleged in petition are believed to be true and: 1. Juvenile is a runaway and consents to nonsecure custody or TRANSFER OF JURISDICTION TO SUPERIOR COURT ------CORRECT ANSWER----- ---------------If juvenile was at least 13 but less than 16 at time of crime that would have been any felony other than Class A felony if committed by an adult, the juvenile may be transferred to superior court for trial as an adult. All Class A felony offenses committed at age 13, 14, 15 MUST be transferred to superior court following finding of probable cause in juvenile court. If juvenile was at least 16 or older at time of crime that would be Class A, B1, B2, C, D, E, F, or G felony, the juvenile must be transferred to superior for trial as an adult following finding of probable cause or finding of return of indictment in juvenile proceedings. If offense committed is Class H or I felony, the court has discretion to transfer the matter to superior court, following finding of probable cause in juvenile proceeding. PROBABLE CAUSE AND TRANSFER HEARINGS ------CORRECT ANSWER------------- -------For matters in which the court has discretion to transfer to superior court (all felonies other than Class A felonies committed at 13-15 and H/I felonies committed at 16-17) the court of original jurisdiction must have probable cause hearing and transfer hearing to determine whether transfer is proper. What are the details of a probable cause hearing in determining transfer to superior court? ------CORRECT ANSWER--------------------Must be held within 15 days of juvenile's first appearance but may be continued for good cause, and juvenile shall be represented by counsel. Purpose of the hearing is to determine whether there is PC to believe offense was committed and that juvenile did it. PC found: proceed to adjudication if transfer is not requested PC found and motion for transfer made: transfer hearing begins PC not found: court must dismiss the proceeding PC found but not for felony, but misdemeanor: court must proceed to adjudicatory hearing PC hearing may also be held in matters that allege Class A-G felony offenses for ages 16-17. In these matters only, a PC hearing must be held within 90 days of juvenile's first appearance. Transfer is required on PC finding on ANY of these matters. What is the purpose of a transfer hearing? ------CORRECT ANSWER-------------------- court to determine whether the protection of the public and needs of the juvenile will be best served by having the case served in superior court What are the steps for screening delinquent and undisciplined complaints by juvenile intake services? ------CORRECT ANSWER--------------------1. Primary inquiry: determine available evidence and whether there are grounds to believe its true 2. Nondivertible offenses: court counselor authorizes complaint to be filed as petition if grounds to believe juvenile has committed one of following: murder, 1/2 degree rape, 1/2 degree sexual offense, arson, felony violations of Article 5, Chapter 90, first-degree burglary, crime against nature, any felony involving willful infliction of serious bodily injury upon another or which used deadly weapon 3. Evaluation of complaint: several assessments to survey needs of juvenile, issues, and determine best course of action 4. Complaint evaluation decision: if complaint is approved for filing as petition, transmitted to clerk of superior court. petition not filed: notify complainant and victim ASAP in writing 5. Diversion plan/referral What is a diversion plan/referral? ------CORRECT ANSWER--------------------unless offense is nondivertible, counselor may divert juvenile to: 1. appropriate public/private resource 2. restitution program 3. community service 4. victim/offender mediation 5. counseling 6. teen court program may enter into contact which explains role of Court Services, parents, and juvenile. Contract cannot exceed SIX MONTHS. Petition or complaint may be filed if counselor feels juvenile hasn't complied with contract. When can juvenile not go to teen court? ------CORRECT ANSWER--------------------cases cannot be referred to teen court if juvenile is alleged to have committed offense involving driving while impaired, a Class A1 misdemeanor, an assault in which a weapon was used, or a controlled substance offense other than simple possession of Schedule IV drug or alcohol. Juvenile Court Records and Confidentiality ------CORRECT ANSWER--------------------All records of juvenile cases involving abuse, neglect, and dependency will be maintained by clerk of court and can be inspected by person named in petition as the juvenile, guardian ad litem, county DSS, juvenile's parent/guardian, attorney. When juvenile is in protective custody with DSS, their records are maintained at the department and may be inspected only by the juvenile's GAL, the juvenile, a district or superior court judge presiding over a civil matter involving the juvenile, a judge presiding over a criminal matter, or parent Juvenile court records are also maintained by the clerk of court and can only be inspected by the juvenile or their attorney, parents, prosecutor, probation, anyone with valid court order. Prosecutor can share information with LE and magistrate but they cannot make copies of records. Who are the people that may examine and obtain copies of LE records and files concerning a juvenile without a court order? ------CORRECT ANSWER--------------------1. Juvenile or juvenile's attorney 2. Juvenile's parent/guardian/authorized representative 3. DA or prosecutor 4. Court counselors 5. LEO sworn in the state Jurisdiction over undisciplined juveniles continues until what 3 things happen? ------- CORRECT ANSWER---------------1) Terminated by order of the court 2) The juvenile reaches 18 years of age 3) The juvenile is emancipated How long must a juvenile be away from home before you can enter them into the system as a runaway? -------CORRECT ANSWER---------------24 hours North Carolina law requires a local law enforcement agency receiving a missing person report from a parent, spouse, guardian, or legal custodian to _____________ or within two hours enter this report in the Federal NCIC national missing persons file. ------- CORRECT ANSWER---------------Immediately A law enforcement officer is authorized to take a juvenile into temporary custody without a court order if grounds exist for the arrest of an adult and you have __________ to make the arrest. -------CORRECT ANSWER---------------Probable Cause TRUE or FALSE: Non-testimonial evidence includes fingerprints, hair samples, blood or urine specimens, saliva, photographs or lineups, or other physical evidence. -------CORRECT ANSWER--- ------------True A person who has not reached the persons eighteenth birthday and is not married, emancipated, or a member of the armed forces of the United States. -------CORRECT ANSWER---------------Juvenile Any person other than a parent, guardian, custodian who has the responsibility for the health and welfare of a juvenile in a positive setting? -------CORRECT ANSWER---------- -----Caretaker After ___________ unexcused absences, the principal shall notify the parent, guardian, or custodian that the child has excessive absences. -------CORRECT ANSWER----------- ----3 unexcused absences How many unexcused absences until the principal notifies parents by mail? ------- CORRECT ANSWER---------------6 unexcused absences The age in North Carolina when a juvenile generally becomes subject to criminal prosecution as an adult? -------CORRECT ANSWER---------------18 years of age. 16-17 years of age if it is a Chapter 20 (motor vehicle) offense. Can a parent waive a juvenile rights on their behalf? -------CORRECT ANSWER----------- ----No they can not. Every person has a legal duty to report which leads the person to suspect the juvenile is abused, neglected, or has died as a result of maltreatment to who? -------CORRECT ANSWER---------------Director of DSS A ________________ juvenile is a juvenile who is less than 16 years of age but at least 6 years of age, who is unlawfully absent from school or who is regularly disobedient. ---- ---CORRECT ANSWER---------------Undisciplined A _______________ juvenile is a juvenile who does not receive proper care, supervision, or discipline from the parent, guardian, custodian or caretaker. ------- CORRECT ANSWER---------------Neglected A place that has been approved to provide secure confinement for a juvenile. ------- CORRECT ANSWER---------------Detention Facility Who can request a Non-Testimonial order? -------CORRECT ANSWER---------------The District Attorney or Prosecutor If a juvenile is charged with a crime that would have been a felony if committed by an adult, how many days after charging them do you have to notify the school? ------- CORRECT ANSWER---------------5 Days All fingerprints and photographs must be made in proper format to the SBI/FBI after a juvenile is _____________ years or older and has been adjudicated, delinquent or a felon must be sent to the FBI for investigative purposes. -------CORRECT ANSWER------ ---------10 years of age How old do you have to be to be charged with a crime? -------CORRECT ANSWER------- --------6 years of age. How old does a juvenile have to be in order to transfer them over to superior court? ----- --CORRECT ANSWER---------------13 years of age. Placing a juvenile into custody for something they did wrong is called __________________. -------CORRECT ANSWER---------------Secured Custody Any juvenile who is less that 18 years of age whose parent, guardian, custodian, caretaker inflicts injury or allows injury, etc. is a ________________ juvenile. ------- CORRECT ANSWER---------------Abused Juvenile