215- Juveniles

Question 1

Who will a cop notify first when a child is Lost, before taking any other steps?

Answer 1

D.O and Radio Dispatch.

For a dependent child, cop asks if someone can stay with the child

Question 2

When there’s PC to believe a child’s life is in imminent danger, who can remove a child from a home the home?

Answer 2

Cop can remove child if he has consent from parent/guardian.

Patrol Supervisor can remove child without parent/guardian consent if PC to believe child in imminent danger AND No time for a Court Order

Question 3

When will a cop notify ACS IRT Coordinator?

Answer 3

1- Childe removed from household by Police
Or
1- Arrest made in connection with abuse or Neglect

Question 4

What 6 forms will be prepared if a child is in imminent danger and removed from household by PD?

Answer 4

1) Comp Report
2) Aided
3) DIR
4) Report Suspected Child Abuse/Maltreatment
5) Affidavit of Service (When notice served)
6) Temp Removal of Child, Right to Hearing

DO reviews forms and ensures proper forwarding

Youth Officer checks and juvi records for any contact with Juvi in past

In all cases where a Removal Notice where parent was not personally served and order was affixed to the door, member concerned will mail copy of order to residence within 24 hours.

Question 5

Who will Child Abuse cases be left open to?

Answer 5

Special Victims

• 10 and under victim of child abuse
• Sex Crime Victim

Precinct Detectives Squad
- 11 year old and up victim of child abuse

Question 6

Where will a notification from the Warrant Section officer assigned to Family Court regarding an arrest warrant for child abuse be documented by the Pct DO?

Answer 6

Telephone Record

Send RMP to serve

RMP Crew
1- Take child into custody even if no arrest made
2- Prepare DIR
3- Report facts to DO

DO
1- Notify Warrant Section officer

Question 7

Who is considered a Runaway Child for the purpose of the Runway Child procedure?

Answer 7

New York State Resident, 15 years old or younger
Or
Out of State resident, as per Interstate Compact for Juveniles

Cop
1- Take child into custody and remove to command
2- Prepare a JAC; Juvi Report, Aided, and Comp Report
(Forward Aided to MPS via Dept Mail and Notify Youth Officer)

DO
1- Interview the child
2- Notify MPS in all cases

Question 8

What will an UMOS do if a child/minor 17 yrs old or younger may require shelter?

Answer 8

Notify the Pct Youth Officer when a child is:(WARN A)

Without care or supervision due to hospitalization, death or arrest of parent
Abandoned by parent/guardian
Resides outside NYC (is sick, injured, lost or stranded) and parents cant pick up
Neglected

Abused

UMOS
1- Bring child to the command (Like Runaway child)
2- Notify School Safety Division, Operations Center when a Dept Of Education employee, in official capacity, transfers a child’s custody to the Department for the purpose of having ACS provide shelter.

DO
1- Confer with ACS 9-5 or ACS Emergency Services after hours.

Note: Refer a person 18 yrs old and older, who is stranded without shelter, to Emergency Assistance Unit of HRA

Question 9

What will UMOS do when a minor, who reasonably appears to be between 6-17 years of age, is observed outside of school as a Truant?

Answer 9

Cop
1- Take minor into custody and deliver to Principal or Designee of school the child attends.
If the school cannot be ascertained, or it is impractical, take Truant to the designated Truancy Intake Site
Note: Truants may be frisked for safety reasons and may handcuff if umos can articulate a reason to believe safety is in danger.
2- Activity Log Entry
Have principal sign AL and Youth Referral as receipt for minor. Document refusal to sign in AL.
3- Complete Youth Referral and deliver to DO

DO
1- Sign Youth Referral and forward to Pct Youth Officer

Youth Officer
1- Review Youth Referral and enter into Youth Referral Log, and complete steps 9-12 within 5 business days after receipt.

Note: Youth Referral records will be purged at end of the sch year June 30.
Truancy enforcement not ordinarily conducted after 1300 hours.

Question 10

Who will review, inspect and sign the Youth Referral Log periodically, maintain regular contact with SSD Truancy Coordinator, and close Youth Referral Log at the end of the school year, in the absence of the Pct School Safety Sgt?

Answer 10

Special Operations Lt.

Question 11

When a juvenile 7-15 yrs old commits an illegal act, or engages in conduct that may endanger health or safety of juvenile, what will UMOS do?

Answer 11

UMOS
1- Prepare Comp Report Worksheet (Juvi Report caption checked off)
2- Prepare separate Juvi Report System Worksheet for EACH Juvi involved.

Note: If juvi’s pedigree, address and/or parent information cannot be verified from the scene, take Juvi into custody. (Do not release from the field)

• Notify Juvenile Crime Desk upon arrival at Department Facility.
• If Juvenile committed only a Violation, and not a Felony or Misd, the Juvi shall NOT be removed to Dept Facility.
• In all cases, you MUST confer with a supervisor prior to removing a juvenile from a school.
• If processed as a JD, must fill-out Comp Report Worksheet and OLBS (No Juvi Report Work Sheet)

Question 12

Who inputs the Compl Report Worksheet and Juvenile Report Worksheet in the OLJS within 24 hours of report?

Answer 12

Youth Officer, Command of Report, Inputs

School Safety Sgt
1- Review and sign-off on pending Juvi Report Worksheets
(Audit system weekly to ensure accuracy)
Note:

A Juvi Report and Juvi OLBS are mutually exclusive. Both will never be filled out.

Youth Officer, Resident Pct,
1- Conducts follow up investigation
2- Contact parent to discuss alleged offense
3- Summarize results of investigation.

Note: If Juvi resides outside NYC, Youth Services Section will be responsible for conducting follow up investigation.

Question 13

A Comp Report(Juvi Report checked off) and Juvi Report Worksheet are prepared for a juvenile 7-15 yrs of age, who commits what acts?

Answer 13

A. An act that would constitute a crime (Misd, Fel) if committed by an adult except, FEW SPIES FUN JOB, which get JD status (Comp Rep, OLBS)
B. Violations
C. PINS (15 or younger)- MOS prepare an Arrest Report Sup for 16, 17 PINS
D. Juvi found in house of prostitution
F. Stranded, Runaway, Intox by alcohol, Influence of dangerous drug
G. Unlawfully present in a licensed premises
H. Traffic Infractions, 8-15
I. Missing Person, 7-15 yr old

Question 14

When must a Juvenile Delinquent be taken into custody?

Answer 14

F.U.P.

Felonies

Unlawful Assembly (5+, and tumultuous behavior=public alarm)

Photographable Misd.

Question 15

What is a Juvenile Delinquent?

Answer 15

7-15 yrs of old who commits an act, which if committed by an adult, would constitute a crime

Cop
1- Detain child and Notify DO

DO
1- Have parent notified
2- Verify age from parent
Note: Juvi arrested for Designated Felony, is a Recidivist, Commits a Felony while awaiting trial on a violent offense, or the DO believes the Juvi is a danger to the community, the Juvi will be removed DIRECTLY to Family Court or Horizon Juvi Center, if court not in session.
3- Confer with Youth Off AND PDS when a group of Juvi involved
4- Have cop prepare a Juvi Rep. Worksheet and Comp Rep. Worksheet when:
a. Offense is NOT a crime, OR
b. Referring a Misd to Youth Officer (Youth Sev Sec if live outside NYC)
5- Direct officer take Juvi into custody and deliver to command, if court not in session.
If court is in session, determine if Juvi should be delivered direct to court or processed for personal recog.

Cop
2- Prepare OLBS and Comp Rep Worksheet (For JuviDel, non-crime or referral to youth officer only gets Juvi Rep and Comp Rep)
3- Have Female sit with female Juvi
4- Ensure JO is Fingerprinted and Photos taken
5- Prepare Juvi Intake Rep Worksheet
6- Deliver all paperwork to DO

Question 16

When must an AO appear in Family Court after arresting a Juvi Delinquent?

Answer 16

Appear at Family Court 9am next business day when court in session
1- Remanded (Appearance Ticket Fam Ct, not issued)
2- Released on Recog as Designated Felon and court closed

AO excused from court appearance when:
Released on Recog to parent for non-designated Felony

Note: JD arrested for Designated Felony will not be released if Family Court is in session. JD will not be released if he’s awaiting trial on a violent felony and commits another felony.

Question 17

What is a Juvenile Offender?

Answer 17

13,14,15 yr old charged with Murder 2 sub 1,2-(Intend, reckless death)
14,15 yr old charged with Felony Murder of (MARC BAR MAK, Gun)
14, 15 yr old charged with:

Murder 2- (Intentional, or attempt)
Assault 1- (Intend SPI, cause SPI or intend disifigure/maim)
Rape 1- (Force, Physically Helpless)
Crim Sex Act 1- (Sodomy; forced, physically helpless)

Burglary 1,2-(Dwelling/Building w/Agg. Factor)
Arson 1,2
Robbery 1,2- (Cause PI or Display Gun)

Manslaughter 1- (Intend SPI, cause death)
Agg. Sex Abuse 1- (insert object by force and cause injury)
Kidnapping 1- (or attempt)

Gun on school grounds (within 1000 ft of public, private, elementary school)

Question 18

What steps will be followed when processing a JO?

Answer 18

Cop
1- Must call Juvenile Desk before beginning arrest process
2- Female present when female juvenile
3- Notify parent/guardian that Juvi is in custody and location
4- Do not question Juvi until parents arrive
*Must read Miranda in front of parent. Both don’t have to waive rights separately. If parent objects to questioning or requests a lawyer, stop questioning immediately. If parent cannot be notified, JO may be questioned ONLY after:
A. Every reasonable effort made to notify parent
B. Determining necessity for questioning at this time
C. Consider age, intelligence of child, and ability to understand Miranda
5- Prepare:
OLBS Worksheet and Compl Report Worksheet
Enter Juvi Offender in “DAT-Return Date” caption.
Juvi Intake Report Worksheet
Deliver to DO
6- Fingerprint JO

Note:

• JO may ride in forward patrol wagon compartment when being transported with adult prisoners to criminal court.
• JO are never placed in holding area or cell with adult prisoner
• JO never await for arraignment overnight at a DOJ facility
• If ADA reduces charges to JD status, process as JD
• May release JO identity, never JD.

Question 19

What databases will SS Sgt/Designee check in regards to No Child Left Behind Act?

Answer 19

OJ SAD SO

OLCS database, or hard copies
Juvi Report database, or hard copies
SSD Incident Reports
Aided Report
Detective Squad
SSD Ops Center by phone

What is considered a qualifying incident in regards to NCLB Act?

Founded allegation of a crime reported to the Department by a victim who is an NYC Public School student and:
A. Happened on NYC Pub School property, AND
1. Involves infliction of SPI, or
2. Forcible compulsion sex offense, or
3. Use/Threatened use of a Deadly Weapon against victim.

Question 20

The DO will not release a juvenile on personal recog to a parent/guardian when juvenile:

Answer 20

AWARE DAD J.

Adequate supervision lacking from applicant
Warrant or recidivist
Appears not likely to return
Release dangerous to the community
Endangered health/morals

Designated Felon and Family Court in session
Awaiting trial for a violent felony and arrested for another felony
DV against family likely

JO

Question 21

What are the restrictions when handcuffing/restraining a student in school?

Applies to school facility, during school hours, after school and weekend school related events.

Answer 21

Absent exigent circumstances, do not handcuff students in a classroom, cafeteria or area where other students will see. Remove to semi-private area and confer with school officials.

16 yrs old and above= Metal Handcuffs

11 yrs old or younger= No metal handcuffs unless you get approval from Pct School Safety Sgt, Patrol Supv, or School Safety Supervisor, whenever possible. Only used as a last resort when other means of restraint ineffective.

*Never handcuff a student 11 yrs old or younger to a restraining bar, chair, railing or other fixed object and must be kept under constant observation at all times.

Note: You can still use restraints on a student in a classroom if there is an exigency. Also, you can use metal handcuffs on students 11 yrs old or younger without prior approval; the procedure says you need prior approval whenever possible.

Cop
1. Confer with SSD personnel AND Principal/Designee prior to taking police action, unless exigent circumstances.

SS Sgt/Pat Supv

1. Advise school to call their Legal Dept if they object to arrest.
2. Notify CO/XO/DC whenever metal handcuffs used on students 11 yrs old or younger.

Question 22

Under what three circumstances may a mother be granted protection under the Abandoned Infant Protection Act?

Answer 22

1. Abandoned infant appears to be not more than 5 Days old
   And
2. Person abandoning the child intends for the child to be safe from physical injury and be cared for in an appropriate manner
   And
3. Person abandoning the child indicates such intent by leaving the child with a responsible person or in a safe haven (Firehouse, hospital, precinct) and promptly notifies a responsible person of the child’s location.

Note:
Pat Supv
1.Determine if PC to arrest exists
If no PC to arrest parent, and the person is otherwise in compliance with the AIP Act, the person will be permitted to leave.
2. Direct prep. of: CARD, (Comp Rept, Aided, Report of Suspect Abuse, DIR)

Question 23

Where will MOS report when the Boro Family Court is closed due to Weekend/Holiday and MOS not excused?

Answer 23

Report to Manhattan Criminal Court, 100 Centre St at 0900 hours the next calendar day to begin Juvi Arraignment.

Note: Arrests involving Family Court and Criminal Court co-defendants, must be separated and reassigned, with Criminal Court Arrest going to Assigned Officer for processing.

Question 24

When will photographs be taken when a juvenile is arrested and charged as a JD or JO?

Answer 24

Juvenile Delinquents
11 and 12 yr olds charged with A or B Felony.
13 yr olds and up charged with Any Felony

Note: Above juvis will be fingerprinted also in same age bracket. So essentially, anytime you photograph a Juvi you will also print the Juvi.

All Juvenile Offenders will be photographed and fingerprinted.

Official arrest photo for JD will be photos taken at the command using the Digital Camera Capture System

Official arrest photo for JO will be photos taken at the boro court section. However, if ADA decides to charge the Juvi as a JD, then boro court photo will be deleted, and the Digital Camera Photo will become official arrest photo.

Tips

1. If Juvi wears glasses, take one photo with and one without glasses
2. Never photos of intimate areas of the body
3. Center, Left, and Right side photos taken
4. After 3 unsuccessful attempts at clear photo may a member override system
5. If Juvi refuses photos, cop notifies DO; if Juvi still refuses, DO confers with the Legal Bureau
6. If photos taken, or accepted, accidentally, or a Juvi arrest needs to be voided, write a 49 to Director, Photographic Services in order to delete records.
7. Keep JD photos separate from Adult/JO photos. JD photos can only be kept by the Department pending Family Court trial or conviction of 11,12 AorB Felony, and 13 yr old Any Felony.
8. JD Photos never used in Wanted Flyers, but can only be used for Missing Person Flyers with permission from Legal Bureau.
9. Never release JD photos to media.

Question 25

Who gets notified when the grey arrest Photo Background Board needs to be repaired?

Answer 25

Facilities Management Division

Question 26

Who will make the decision on the appropriate level of restraint to be used when handcuffing a student in school?

Answer 26

UMOS

Question 27

Who will call Horizon Juvenile Center to arrange for overnight lodging when juvenile is to be detained?

Answer 27

UMOS

Question 28

Who will DO notify in regards to Abandoned Infant Operation Safe Haven?

Answer 28

Boro
Operations
Detective Squad
ACS, IRT

No Co/DC notification made

Question 29

Who will be contacted if unsure what information may be released to ACS investigator, who is investigating a child abuse case?

Answer 29

Legal Bureau.

Question 30

Who will a person 18 years or older who is stranded without shelter be referred to?

Answer 30

Emergency Assistance Unit of Human Resources Administration