CP Ch. 9 Protective Custody Flashcards
Mental Health Commitment:
For longer-term hospitalization, the facility superintendent must petition the court- the court holds a hearing to decide whether the person is mentally ill and whether his discharge will create a substantial likelihood of serious harm. If the court decides to hold the person, he stays initially for another 6 months. His commitment is reviewed annually after that. For longer term hospitalization, the standard of evidence is:
*Proof Beyond a Reasonable Doubt
Section 35:
The person is evaluated at court and, after a hearing in which he is represented by counsel, he may be committed for up to
90 days.
-may be released by the superintendent of the facility prior to the end of the 90 days.
Mental Health Commitment:
For longer-term hospitalization, the facility superintendent must petition the court- the court holds a hearing to decide whether the person is mentally ill and whether his discharge will create a substantial likelihood of serious harm. If the court decides to hold the person, he stays initially for another (blank) . His commitment is reviewed annually after that. For longer term hospitalization, the standard of evidence is proof beyond a reasonable doubt.
6 months.
For longer term hospitalization, who must petition the court?
The facility superintendent.
Mental Health Commitment:
For longer-term hospitalization, the facility superintendent must petition the court- the court holds a hearing to decide whether the person is mentally ill and whether his discharge will create a substantial likelihood of serious harm. If the court decides to hold the person, he stays initially for another:
six months.
With a section 35 warrant, the subject must be presented immediately before a judge. This requirement rules out seizing the subject after hours, unless the police:
Independently use alcohol or drug protective custody.
With a section 35 warrant, the subject must be presented (blank) before a judge.
Immediately
Is home entry justified for a Section 35?
Yes.
Same as a warrant: reasonable belief person lives there and is home.
How long does a section 35 warrant remain active.
5 consecutive days, EXCLUDING days when the court is closed.
A section 35 commitment must be based on clear and convincing evidence that: (2)
- The person is unable to protect himself in the community from physical harm; and
- There is a substantial risk that, without treatment, harm will happen reasonably quickly (days or weeks- rather than months)
What level of certainty must a section 35 commitment be based on?
CLEAR AND CONVINCING EVIDENCE
Section 35
Who may petition the district court or juvenile court to commit a person suffering from alcohol abuse or substance abuse? (6)
- Police officer
- Physician
- Spouse
- Blood relative
- Guardian
- Court official
Note: verbiage is “chronic alcoholic”
Involuntary Commitment:
Do use of force decisions need to take into consideration the subjects mental condition?
Yes.
Involuntary Commitment:
Officers are given explicit authority to transport and restrain patients. Restraints may be used on an adult for up to (blank) prior to examination. For a minor, up to (blank)
Adult= 2 hours
Minor= 1 hour
Category 3
If exigent circumstances make consulting with a clinician impractical, officers should seek (blank) to enter and, if that fails, (blank).
- consent from an occupant
- force entry
Category 3
If there is time to consult with a clinician who can issue a Category 2, police have (blank) for their entry.
independent support.
Category 3
To take an EDP into custody on a section 12, officers must have (blank) that the EDP poses a likelihood of serious harm.
Probable Cause.
Mass police officers must be certified by:
POST
Peace Officers Standards and Training Commission
Missing Mental Health Patients: From out of state facility:
Chapter 123 permits officers to detain a person who has escaped from an out of state mental health facility and may be dangerous. Officers should hold the person and alert:
The District Attorney’s Office
- In order to begin rendition proceedings. They are identical to those used for out of state fugitives
Missing Mental Health Patients:
Absent for less than 6 months:
Absent more than 6 months:
less than 6 months: patient should be returned to the facility by officers
more than 6 months: Facility staff should obtain judicial review before re-commitment
Note: A patient must always be returned if he had been committed after being found incompetent to stand trial or not guilty by reason of insanity.
Missing Mental Health patients:
When a patient is absent without authorization, the facility superintendent must notify: (4)
- State Police
- Local Police
- District Attorney
- Patients next of kin
Missing Mental Health patients:
From a Massachusetts facility:
What factors dictate action? (2)
- Length of absence
- Reason for commitment
Are police justified in detaining a person who may be lost, disoriented, or missing?
Yes. Community Caretaking Detention
ex. murderer identified in NJ after officers detained him because they though he may be lost, disoriented, or a missing person.
Animal Protection:
Animal confined in a vehicle in a manner that threatens its health due to extreme heat or cold.
A police officer, animal control, or firefighter: (5)
- must first make reasonable effort to locate owner
- May enter vehicle by any reasonable means
- May NOT search or seize items unless otherwise permitted by law
- Must leave written notice in a secure and conspicuous location on or in vehicle bearing: name, title, and address where animal may be retrieved.
-will be immune from criminal or civil liability for removing animal
Officers and caseworkers may not enter without (blank), (blank), or a (blank) (note, slightly different from the typical 3)
- Consent
- Emergency
- Court order
- If officers do not have the elders consent or court order, they may only enter if they have reasonable suspicion the elder is in imminent danger of death or serious bodily injury
Does police entry with DCF justify a search for evidence?
No.
-officer should accompany DCF employees, enter, keep the peace, and ensure the child is removed safely
-once DCF removes the child, officers should leave. however, if their observations inside create probable cause, they should secure the home and apply for a search warrant.
At- Risk Child
Court may order transfer of the child to DCF custody for up to (blank) hours. At the follow up hearing, the court decides if temporary custody should continue. The standard of proof is
up to 72 HOURS
-Preponderance of the evidence
What level of evidence must DCF have to petition the court that the child is suffering from or in immediate danger of serious abuse or neglect, and that immediate removal is necessary to protect the child?
Reasonable Cause
for up to how many hours may a minor in protective custody be placed in a cell?
NONE. He cannot be placed in a cell for any period of time.
Abandoned or At Risk Child:
119 Sec. 39H prohibits bringing a runaway child to the station AFTER and officer decides to:
place the child with a shelter.
-prior to a shelter placement, officers may justify going to the station to figure out how to best help the child.
PC Alcohol:
Once at the station, when should the subject be informed of his right to make a phone call,m and be allowed phone use?
Immediately to both.
Alcohol Incapacitation:
A person is incapacitated if he drank alcohol and is either: (4)
- Disorderly
- Unconscious
- In need of medical attention
- Likely to cause physical harm or property damage
Abandoned or At Risk Child:
Police on scene intervention reveals emergency:
Officers may encounter a child under 18 who is : abandoned temporarily or permanently; At risk due to an intoxicated or abusive adult; or at risk dude to any other circumstances. Police action:
- Remove child from situation and notify DCF; or
-Keep Child at location and notify DCF for removal decision.
File 51A.
Under 119 Sec 34, children should only be transported in a marked cruiser or (blank), not a (blank). Also, never transport a juvenile and (blank) together.
-unmarked cruiser, police wagon
- never transport a juvenile and adult together
Protective Custody for Juvenile Runaway
Detention restrictions if brought to the station:(4)
- Without handcuffs
- Unlocked, multi-purpose area
- Continuous visual supervision
- For only enough time to get him to parent, responsible person, approved shelter, or court.
Protective Custody for Juvenile Runaway:
Officer decides to PC runaway juvenile. 119 sec 34H mandates placing the child in the following order of preference: (3)
- Child’s legal custodian or responsible person (child may be brought to station to facilitate placement with parent/ guardian/ DCF)
- Temporary licensed shelter
- Juvenile Court
Dial (blank) to use the Runaway Assistance Program to help place a child.
211
Juvenile Runaway:
Officer executes Warrant of Protective Custody: Transport child to:
The court that issued the warrant.
-no later than 4:30pm. file return of service in the clerk’s office
Protective Custody for Juvenile Runaway:
Charge youth, but only as a last resort: for the child who is significantly non compliant during the PC process, officers may consider charging: (2)
-Interfering with Police Officer
-A&B on Public Employee
Also, based on circumstances: disorderly, disturbing, trespass, etc.
Protective Custody for Juvenile Runaway:
Although handcuffing is not permitted, officers should always take other safety precautions. They should: (2)
- Search child for weapons and contraband
- Transport child in secure backseat of cruiser
Is handcuffing permitted when taking a juvenile runaway into protective custody?
No. NEVER use handcuffs.
119 sec 34H “a child may not be confined in shackles or similar restraints”- for runaway juvenile in PC
Protective Custody for Juvenile Runaway:
“If they sense that officers are (blank), they are more likely to cooperate”
nonjudgemental
May police PC a child for truancy?
How about violating a local curfew?
No to both.
May police PC a child for failing to obey a legal custodian or failing to obey school regulations?
No to both.
If officers find a child name in a WPC after hours, they may: (2)
- Inform child (and parent) about the WPC and direct them to court the next day; or
- Place child into Protective Custody as a runaway (if applicable) and execute the WPC the next day.
Do warrants of protective custody for juvenile runaways appear in WMS?
No. NEVER,
Note: the 4:30pm deadline appears on the face of the WPC.
Officers (blank) PC a child named in a warrant of protective custody (WPC) if they can deliver the child to juvenile court no later than 4:30
Must.
The WPC is sent by the court to the police department in the community where the child lives.
Is a prior episode of running away required to place a juvenile runaway into protective custody?
No.
Note: Police must simply believe the child is likely to run away again without intervention.
*Need Probable Cause though
Protective Custody for Juvenile Runaway- Standard:
Officer must have (blank) that a child has run away and will not respond to a summons.
Probable Cause.
Juvenile Runaway:
Officers may place a child age (blank) to under (blank) into protective custody for running away from his or her legal custodian
*A custodian refers to a parent, guardian, or agency (DCF)
Age 6 to under 18.
Involuntary Comittment:
Categories 1, 2, and 4: Officers may take reasonable precautions, including the use of handcuffs, but should avoid:
unnecessary restraint
Since EDP’s constitute a diverse and , at times, unpredictable group of people, officer should obtain information from:
the court, clinician, and/or family.
Involuntary Commitment
Categories 1,2, and 4:
May officers enter private homes to place EDP into protective custody?
Yes.
Categories 1, 2, and 4 are, in effect, arrest warrants for mental health detention.
Section 12:
Category 4: Judge issues Warrant of Apprehension:
If after hours, police may: (2)
- Direct EDP or caretaker to go to court the next day
- Use category 3 authority to bring EDP to hospital if he needs immediate help.
Section 12
Category 4:
Once judge issues Warrant of Apprehension, how long do police have to serve it?
It typically says it on the warrant, usually 5-7 business days.
Category 4: Judge issues warrant of apprehension:
When must a warrant of apprehension be executed?
During the day, when court is in session.
*Since EDP must be transported there for evaluation.
Does citizen have the authority to enter a vehicle to rescue an animal?
Yes. But they must call 911 before forcing entry.
Category 4: Judge issues Warrant of Apprehension
At any time, who apply to a District or Juvenile court for a commitment order?
Any person.
After a hearing, a judge may issue a Warrant of Apprehension of an EDP who poses likelihood of serious harm.
Section 12
Involuntary Commitment Categories:
Category 4:
Judge issues Warrant of Apprehension.
Section 12
Involuntary Commitment Categories:
Category 3:
Officer restrains EDP
“Who they believe poses a likelihood of serious harm”
Section 12
Involuntary Commitment Categories:
Category 2:
Clinician issues an order in an emergency, without examination.
Section 12
Involuntary Commitment Categories:
Category 1:
Clinician issues a commitment order based on an examination.
“A substantial disorder of thought, mood, perception, orientation or memory that grossly impairs judgement, behavior, capacity to recognize reality or ability to meet the ordinary demands of life, but shall NOT include alcoholism or substance abuse” What does this define?
The likelihood of serious harm as a result of mental illness.
It is estimated that (blank) percent of disturbed persons are, at some point in their lives, arrested by police.
40%
If a facility is holding a child patient under voluntary commitment, the facility must provide a parent or guardian with a (blank) day notice of discharge.
14 day notice.
Section 12
Involuntary commitment must be based on a “likelihood of serious harm” due to mental illness. Ch. 123 Sec 1 defines this as: (3)
- Danger to self
- Danger to others
- Inability to protect self
-EDP presents very substantial risk of injury to himself
“Is so affected that he is unable to protect himself in the community”
Psychotherapist Privilege:
If officers are present during an evaluation, the statements are typically inadmissible, unless the court later rules:
“The interests of justice require that the communication be disclosed”
Does police presence automatically waive a persons psychotherapist privilege?
No.
If officers are present during and evaluation with a psychotherapist, the defendant’s statements are typically inadmissible, unless the court later rules that “the interests if justice require that the communication be disclosed”
EDP
Under 123 Sec 10, voluntary commitment may be sought by: (3)
- A person at least 16 years old
- A parent or guardian on behalf of a person under 18
- A court appointed guardian on behalf of a person under his care (no age limitation)
Sometimes the best way to help an EDP is:
suggest voluntary commitment.
EDP
As long as police have Probable Cause, the prosecutor must be allowed to move forward. A defendant’s mental status will be addressed:
post arraignment as part of the trial process.
Does a mental health condition nullify probable cause to arrest or charge?
No.
Officers may take into account an offender’s mental condition in their charging decision, but they do NOT have to.
3 options when dealing with an EDP:
- Referral- encourage professional intervention
- Mental health detention for evaluation (section 12)
- Arrest for crime (If probable cause and right of arrest)
What is the overall goal when dealing with an EDP?
Lease intrusive intervention- consistent with public, EDP, and officer safety.
Clues of mental health episode:
Last 4 (8 total)
- Delusions about personal importance
- Hallucinations
7.Agitation, often without clear reason
8.Pronounced feelings of hopelessness, sadness, or guilt.
Clues of mental health episode:
First 4 (8 total)
- Emotionless facial expression and body language
- Incoherent statements
- Inability to focus
- Bizarre appearance, movements, or behaviors
When dealing with an EDP, who should officer consult with on scene?
Individuals who know the EDP. They often provide the best information.
Are most people with mental health needs more violent than the general population?
No.
To insist on transport for medical treatment, do police need to be dealing with an unconscious citizen?
No.
ex. the defendant’s protest against treatment was properly overruled by police because he was highly intoxicated, had been involved in a head on car crash, and might be seriously injured.
Generally speaking, does a person have a right to refuse medical treatment?
Yes. “Unless there is an emergency.. medical treatment of a competent patient without his consent is Assault &Battery”
*Officers must respect this restriction when they encounter injured citizens in the field
Juvenile exposed to drugs (Class A, B, or C)
Child must be held in Protective custody no longer than:
4 hours.
-Never place the child in a cell. Unlocked area with continuous supervision only.
-Child should be released as soon a possible to parent or guardian but, in any event, should not be held over 4 hours at the station.
Juvenile exposed to drugs: Officers must reasonably believe a child under 18 is knowingly present with a controlled substance in classes:
A,B, or C.
Juvenile exposed to drugs: Officers must reasonably believe a child under (blank) is knowingly present with a controlled substance in classes A, B or C.
under 18 years old.
Police liability generally stems from: (2)
- Failing to act; or
- Excessive force
Medical evaluation is mandated for anyone who receives Narcan- Either voluntarily or pursuant to Protective Custody, because: (4)
- A near fatal overdose is evidence that a person is incapacitated.
- The effects of Narcan may only be temporary
- Releasing the person is a public safety risk(i.e. if they drive a car and overdose again, etc)
- Using Narcan causes withdrawal and often makes a person reuse opiods.
Anyone who receives Narcan for an overdose should be (blank) if they refuse transport to the hospital.
placed into protective custody
Naloxone is an (blank) known by its brand name Narcan.
opiod antagonist
Is an Incident report mandatory for PC Alcohol?
No.
“Police may write an incident report…”
Is an incident report mandatory for PC Drugs?
Yes.
“Officer must write an incident report outlining the date, time, and behavior that led the officer to believe the subject was incapacitated. The report should also state how and where the person as transported.”
May a person in protective custody for drugs be transported to the station or home?
No. These are NEVER options for PC Drugs. Hospital only
PC Drugs
Once at a medical facility, officers may, at a minimum, insist that a subject be:
evaluated by medical staff before release.
PC Drugs: Duration of Custody
Custody may last through:
transport and emergency treatment
A person cannot be charged with (blank) if he calls for medical assistance because he or another person is overdosing.
Drug possession.
Note: Subject is immune even if officer calls for ambulance
Note protected from: Distribution, possession w/ intent, OUI, or any other crime
Alcohol
Good Samaritan Immunity: Person Under 21 is protected from being charged with: (3)
- Furnishing Alcohol (social host)
- Procuring Alcohol
- Minor in possession
PC Drugs
With or without consent, the officer may have the subject brought to an :
emergency medical facility.
PC Drugs
Officers may search the subject and immediate surroundings to :(2)
- Discover weapons
- Facilitate on scene treatment
Ex. proper for officer to search overdosing woman’s handbag; EMT’s wanted to know what she had taken
PC Drugs
Incapacitation refers to a person who consumed a controlled substance, toxic vapors, or a substance other than alcohol and is either:
- Disorderly
- Unconscious
- In need of medical attention
- Likely to cause physical harm or property damage
If minor under 18 is in protective custody, where should he be held?
Non-secure detention
*NEVER place in a cell. Keep in an unlocked area under continuous supervision.
Protective Custody: For minor under 18
1st, 2nd, and 3rd priorities:
- Release minor upon request of parent or guardian
- If treatment is available, transport to facility
- If treatment unavailable, hold minor in non-secure detention
Protective custody: For adults 18+
1st and 2nd priority:
- Treatment
- Hold in cell until sober or no longer than 12 hours.
If a minor registers any BT reading, insist on:
releasing him to a parent, guardian, or other responsible adult.
For protective custody purposes, is the use of PBT permissible?
Yes.
Protective Custody:
A BT of (blank) or above establishes incapacitation.
.10
Note: .06, .07, .08, .09 authorizes sobriety testing
.05 OR below entitles the subject to immediate release
Protective Custody
What BT reading entitles the subject to immediate release?
.05 or below
PC Alcohol
Notify parent or guardian of minor under 18 (blank)
As soon as possible.
What is the age in which a person qualifies for Good Samaritan immunity for alcohol?
Under 21
Immunity does NOT apply to adults 21+ who host an underage party or in any way engage in illegal conduct with minors related to alcohol
PC
When in doubt, officers should summon EMS to transport the subject for evaluation and treatment. Sometimes EMS will refuse to transport if an adult states they do not want to go. Does their right to refuse transport and treatment apply to a police PC decision?
No. the individual does not have a choice.
Protective Custody:
With or without consent, the officer may transport the individual to: (3)
- Home
- Hospital (“treatment facility”)
- Police station
During Protective Custody (alcohol), officers may search the subject and:
Immediate surroundings for weapons
May protective custody be used to remove someone from his or her home?
Yes.
Are officers authorized to use reasonable force during Protective Custody?
Yes.
If subject resists, consider ABPO or Interfering.
Defendant drank 6-8 beers over 4-6 hours. He was denied admission to a concert, but had already arranged for bus transportation home. Is protective custody warranted?
No.
Intoxication is not incapacitation.
Protective Custody:
Reasonable suspicion of incapacitation triggers:
sobriety testing
True or False?
The definition of “Disorderly” for protective custody is the same as the criminal charge.
True.
If voluntarily committed under Sec. 10, persons are typically held without their consent for:
3 days.
For longer term hospitalization who must petition the court?
The facility superintendent
For longer term hospitalization, the facility superintendent must petition the court. If the court decides to hold the person, he stays initially for another:
6 months
-commitment is reviewed annually after that
Mental Health Commitment:
For longer hospitalization, the standard of evidence is:
Proof beyond a reasonable doubt.
Drug Incapacitation:
To take and adult or juvenile into protective custody under 111E Sec. 9A, the standard is (blank- two words) to believe he or she is incapacitated due to drugs, inhalants, or some other substance other than alcohol.
“Specific facts”
A person has a right to refuse medical treatment. In fact, rendering treatment to a competent person without his consent is considered a (blank).
However, there is an emergency exception to the informed consent doctrine, which requires the situation involve:
- Battery
- A life threatening or serious emergency
Under 123 Sec 12, an involuntary commitment for those who are seriously mentally ill, may occur for a maximum of (blank) days.
3 days.
123 Sec. 21 gives police the explicit authority to (blank) and (blank) patients.
Restrain and TRANSPORT
Under (blank) section (blank) any police officer, physician, spouse, blood relative, guardian, or court official who reasonably believes that a person is an (blank) or (blank) may petition the district court in writing to commit that person for up to (blank) days.
123 Sec. 35; alcoholic or SUBSTANCE ABUSER; 90 days.
Home entry to serve a Sec. 35 warrant of apprehension is justified by “an (blank- 3 words) for believing that a person inside needs immediate aid.”
Objectively reasonable basis
Elder services of Burlington asks Burlington Police Officer Adams to accompany their caseworker to the home of Ellen Elder because the caseworker received a report of possible financial exploitation and has experience dealing with Ellen’s caregiver, Sam Son-in-law, who has a temper.
May Officer Adams enter if the caseworker can provide information indicating that there is an emergency that places the elder at risk of abuse, neglect, or financial exploitation?
Yes.
