Delinquency

Question 1

The circuit court has has exclusive jurisdiction over proceedings in which a child is alleged to have committed:

Answer 1

1) a delinquent act or violation of the law; or

2) a non-criminal violation that has been assigned

Question 2

The court retains jurisdiction unless it is relinquished by its own order unless

Answer 2

1) over a child on probation until the child reaches 19 years of age.
2) over a child committed to the department until 21 years of age.

Question 3

Right to counsel

Answer 3

A child has a right to counsel at all stages of any delinquency court proceeding, a child’s waiver must be freely, knowingly, and intelligently made.

Question 4

Open hearings

Answer 4

All delinquency must be open to public and no one should be excluded except by order of the court. The court has discretion to close any hearing to the public when it is in the public interest and the welfare of the child is best served by that closure.

Question 5

Rights to victims

Answer 5

Victims have rights during all crucial stages of the proceedings. (as long as they don’t interfere with the constitutional rights of the juvenile offender.

Question 6

Records and Information

Answer 6

All information related to the assessment or treatment of a juvenile that is obtained in the discharge of offical duties is confidential. Confidential information and exempt information may only be disclosed to specific individuals and entities

Question 7

Court records

Answer 7

The clerk of court shall make and keep records of all cases brought under this chapter.

Question 8

Taking a child into custody

Answer 8

Taken into custody means the state of a child immediately when temporary physical control over the child is attained by a person authorized by law pending the child’s release, detention, placement, or other disposition as authorized by law.

Question 9

Transport Emergency Exception

Answer 9

Except in emergency situations, a child may not be placed into or transported in any police car or similar vehicle that at the same time contains an adult under arrest, unless teh adult is alleged or believed to be involved in the same offense or transaction.

Question 10

Notification

Answer 10

When a child is taken into custody, the person taking the child into custody should attempt to notify the parent, legal guardian, or custodian of the child.

Question 11

Taking a child into custody is not an arrest except

Answer 11

for the purpose of determining whether the taking into custody or the obtaining of any evidence in conjunction therewith is lawful.

Question 12

Release from custody

Answer 12

A child taken into custody shall be released from custody as soon as is reasonably possible.

Question 13

Rehabilitation

Answer 13

A child generally should not be detained or remain in custody unless for the safety of public or child.

Question 14

Probable Cause Affidavits

Answer 14

If a child is taken into custody is released, the person taking the child into custody must file a PC affidavit within 24 hours. Must include identification and jurisdiction information.

Question 15

Intake

Answer 15

The intake process shall be performed by the department or by juvenile assessment center personnel through a case management system.

Question 16

The purpose of the intake process is to

Answer 16

access the child’s needs and risk and to determine the most appropriate treatment plan and setting.

Question 17

The intake process shall consist of a :

Answer 17

preliminary screening and may be followed by a comprehensive assessment. The comprehensive assessment may consist of a full mental health, cognitive impairment, substance abuse, or psychosexual evaluation.

Question 18

The department must file a written intake report for any child alleged to have committed a violation of the law or delinquent act. If the child is detained

Answer 18

If the child is detained, the intake report must be submitted within 24 hours of the child being placed in detention. If the child is not detained, the intake report must be submitted within 20 days after the date the child is taken into custody.

Question 19

Diversion

Answer 19

If the screening and assessment indicates that the interests of the child and the public will be best served, the department, with the approval of the state attorney, may refer the child for care, diagnostic, evaluation services and treatment.

Question 20

Filing decisions

Answer 20

The state attorney may in all cases take action independent of the action or lack of action of the juvenile probation officer and shall determine the action that the action is in the best interests of the child.

Question 21

Examinations

Answer 21

After a detention petition or a delinquency petition has been filed the court may order the child to be examined by a physician; a psychiatrist or a psychologist, an educational needs assessment team, or a development disabilities diagnostic team.

Question 22

Incompetency

Answer 22

If at any time prior to or during a delinquency case, the court has reason to believe the child may be incompetent to proceed with the hearing, the court on its own motion may, or on the motion of child’s attorney or state attorney must, stay all proceedings and order an evaluation of the child’s mental condition.

Question 23

A child is competent to proceed if:

Answer 23

the child has sufficient present ability to consult with counsel with a reasonable degree of rational understanding and the child has a rational and factual understanding of the present proceedings.

Question 24

Competency evaluations

Answer 24

All determinations of competency shall be made at a hearing, with findings of fact based on an evaluation of the child’s mental condition made by not less than two nor more than 3 experts appointed by the court. The basis for determination of competency must be specifically stated in the evaluation. In addition a recommendation as to where residential or non-residential treatment or training is required must be included in the evaluation.

Question 25

A child who is adjudicated incompetent to proceed and who has committed a delinquent act or violation of the law either of which would be a felony if committed by an adult,

Answer 25

must be committed for treatment of training to the Department of Children and Families.

Question 26

A child who has been adjudicated incompetent because of age or maturity or for any other reason other than mental illness, intellectual disability, or autism,

Answer 26

must not be committed to the department or to the department of children and families or restoration of competency treatment or training services.

Question 27

A child who has committed a delinquent act or violation of law, either of which would be a misdemeanor if committed by an adult,

Answer 27

may not be committed to the department or the department of children and families for restoration of competency treatment or training services.

Question 28

If a child is determined to be incompetent to proceed the court shall retain jurisdiction for the child up to

Answer 28

2 years after the original order of incompetency with a review every 6 months

Question 29

Secured placement

Answer 29

A child may be placed in a secure facility or program for restoration of competence if the court make a finding by clear and convincing evidence that the child has mental illness, intellectual disability, or autism and because of the mental illness, or autism: The child is manifestly incapable of surviving with help or treatment, or there is a substantial likelihood that in the near future the child will inflict serious bodily harm on self or others, as evidenced by recent behavior causing, attempting, or threatening such harm; and all available less restrictive alternative are inappropriate.

Question 30

Use of Detention

Answer 30

Detention care means the temporary care of a child in secure or non secure detention, pending a court adjudication or disposition or the execution of a court order.

Question 31

All determination and court orders regarding the use of detention care shall be based primarily upon findings that the child:

Answer 31

1) presents a substantial risk of not appearing at a subsequent hearing
2) presents a substantial risk of inflicting bodily harm on others as evidence by recent behavior, including the illegal possession of a firearm
3) presents a history of committing a property offense
4) has committed contempt of court

Question 32

Prior to a detention hearing, the initial decision regarding a child’s placement in detention is made by the department.

Answer 32

The Department shall base its decision on an assessment of the child’s risk using the department’s risk assessment instrument.

Question 33

Detention hearings: A child taken into custody and placed in detention shall be given a hearing with:

Answer 33

24 hours after being taken into custody to determine whether continued detention is appropriate.

Question 34

The purpose of the detention hearing is to determine

Answer 34

1) whether PC exists that the child has committed the delinquent act or violation of law; and
2) the need for continued detention.

Question 35

Detention criteria

Answer 35

A court may order continued detention if the child presents a risk of harm to self or others or there is a history of failure to comply with court orders.

Question 36

Although there is extensive statutory criteria for continued detention of a juvenile offender, the criteria can be summarized into three categories

Answer 36

1) history of refusal to comply with court orders
2) risk to the safety of the public
3) risk to the juvenile offender

Question 37

Length of Detention

Answer 37

A child may not be held in detention for more than 21 days unless an adjudicatory hearing has been commenced in good faith by the court.

Question 38

Detention: For certain charges, the court may extend the length of detention for:

Answer 38

9 days upon good cause that the nature of the charge requires additional time for prosecution or defense of the case.

Question 39

Length of Detention Exceptions:

Answer 39

1) The time limitations above do not include periods of delay resulting from a continuance granted by the court for cause on motion of the child, or his or her counsel, or the state.
2) The period for nonsecure detention is tolled on the date the department alleges the child has violated a condition of the nonsecure detention until the court has made a ruling on the violation.

Question 40

A child who is not in secure detention at the time of adjudication, but for whom residential commitment is anticipated or recommended, may be placed

Answer 40

under a detention order for a period not to exceed 72 hours.

Question 41

Transfer and Release

Answer 41

The department may transfer the child from nonsecure detention to secure detention only if the transfer is warranted by significantly changed circumstances.

Question 42

If a child is on release and not in detention, the child may be placed in detention only after a court hearing in which

Answer 42

the original risk assessment and newly discovered evidence or changed circumstances are introduced into evidence with an updated risk assessment.

Question 43

Transfer to adult facilities

Answer 43

The court shall order a child transferred to a jail or facility intended for the detention of adults when:
1) The child has been transferred or indicted for criminal prosecution as an adult; or
a child taken into custody in Florida is wanted by another jurisdiction for prosecution as an adult.
Exception: the court may not allow a child alleged to have committed a misdemeanor to be detained or held in jail or other facility intended for the detention of adults.

Question 44

Post disposition Detention

Answer 44

The court must place all children who are adjudicated and awaiting placement in a nonsecure, high-risk, or maximum risk residential commitment program in secure detention care until the placement or commitment is accomplished.

Question 45

Petition

Answer 45

All proceedings seeking a finding that a child has committed a delinquent act or violation of law shall be initiated by the filing of a petition for delinquency by the State Attorney.

Question 46

Process and Servive

Answer 46

Upon the filing of a petition containing allegations of facts which if true would establish that the child committed a delinquent act or violation of law, and upon the request of the petition, the clerk or deputy clerk shall issue a summons.

Question 47

If the parent, custodian, or guardian of the child fails to obey the summons, the court may order the parent, guardian or custodian

Answer 47

to be taken into custody immediately to show cause why he or she should not be held in contempt for failing to obey the summons.

Question 48

Personal appearance of any person in a hearing before the court

Answer 48

alleviate the necessity of serving process on that person.

Question 49

Arraignment

Answer 49

If a child is detained and a petition for delinquency if filed, the child shall be arraigned within 48 hours after the filing of the petition for delinquency.

Question 50

Pretrial intervention authorized by statute:

Answer 50

1) pretrial substance abuse intervention

2) pretrial mental health court intervention

Question 51

If the court find that the child has not successfully completed a diversion program,

Answer 51

the court may order the child to continue in an education, treatment, or drug testing program or order that the charges revert to normal channels for prosecution.

Question 52

If the court finds that the child has successfully completed the diversion program, the court may

Answer 52

dismiss the charges.

Question 53

Adjudicatory Hearings

Answer 53

An adjudicatory hearing must be held as soon as practicable after the petition alleging that a child has committed a delinquent act or violation of law if filed.

Question 54

Adjudicatory hearings: reasonably delay

Answer 54

Reasonable delay for the purpose of investigation, discovery, or procuring counsel or witnesses shall be granted.

Question 55

Adjudicatory hearings shall be conducted without a

Answer 55

jury by the court in accordance with the Florida Rules of Juvenile Procedure and the Florida Rules of Evidence used in criminal cases.

Question 56

In hearing on a petition alleging that a child has committed a delinquent act or violation of law, the evidence must

Answer 56

establish the finding beyond a reasonable doubt.

Question 57

the child is afforded the following rights at an adjudicatory hearing:

Answer 57

1) right to introduce evidence and be heard on his or her own behalf;
2) right to cross examine witnesses
3) all rights against self-incrimination

Question 58

Evidence illegally seized or obtained

Answer 58

may not be received to establish the allegations against the child.