Juvenile #2 Flashcards

1
Q

Question

A

Answer

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2
Q

What does DSS generally address?

A

The behavior of adults leading to the abuse, neglect, or dependency of children.

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3
Q

What is the focus of Juvenile Justice?

A

The behavior of juveniles, specifically addressing inappropriate or delinquent behavior.

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4
Q

What should law enforcement do first when responding to a call involving a juvenile?

A

Provide necessary medical assistance.

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5
Q

When should law enforcement notify DSS during a juvenile investigation?

A

Immediately if there is cause to believe the juvenile is abused, neglected, or dependent.

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6
Q

What should be done if a juvenile investigator is needed according to agency policy?

A

Notify the juvenile investigator(s) as directed by the agency policy.

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7
Q

What should law enforcement do if taking a child into temporary custody?

A

Take the child into temporary custody if necessary and applicable.

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8
Q

How should crime scenes involving juveniles be handled?

A

Like any other crime scene, but consent or a warrant may be required for a search.

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9
Q

What training might be needed for law enforcement when interviewing a child?

A

Additional training to protect the child’s statement as evidence in court.

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10
Q

When can law enforcement enter a home without a warrant during a juvenile investigation?

A

If there is reasonable belief that entry is needed to save a life or prevent serious bodily harm.

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11
Q

What is the role of the officer when taking a juvenile into temporary custody?

A

Select an appropriate course of action that ensures public safety and meets the needs of the juvenile.

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12
Q

Who has exclusive original jurisdiction over delinquent juveniles in North Carolina?

A

The Juvenile Court, a subset of District Court.

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13
Q

What is the purpose of juvenile intake services?

A

To determine whether there are reasonable grounds for a juvenile complaint and whether court action is necessary.

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14
Q

What is a Nontestimonial Identification Order (NTO)?

A

An order for identification procedures on a juvenile, such as fingerprints or photographs, issued by a judge upon request from a prosecutor.

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15
Q

Who can access juvenile records without a court order?

A

The juvenile, their attorney, their parent/guardian, the district attorney, court counselors, and law enforcement officers sworn in this state.

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16
Q

What is the definition of an undisciplined juvenile?

A

A juvenile who is unlawfully absent from school, disobedient to their parent, found in unlawful places, or has run away for more than 24 hours.

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17
Q

What is the definition of a delinquent juvenile?

A

A juvenile who commits a crime or infraction under state law or local ordinance, excluding motor vehicle violations.

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18
Q

What is the minimum age a juvenile can be fingerprinted and photographed in North Carolina?

A

10 years old.

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19
Q

What is the waiting period to place a juvenile runaway in NCIC as missing?

A

24 hours.

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20
Q

Under what circumstances can a juvenile be transferred to Superior Court?

A

If a juvenile 15 or under is charged with a felony that would be a felony if committed by an adult.

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21
Q

What are five non-divertible offenses?

A

Murder, first or second-degree rape, first or second-degree sexual offense, arson, felony violations of Article 5 Chapter 90.

22
Q

What is a juvenile petition?

A

A document that alleges an offense committed by a juvenile and a time to appear in court.

23
Q

Who will likely file a juvenile petition when law enforcement is involved?

A

Law enforcement officers themselves.

24
Q

Who decides if a juvenile petition will be accepted?

A

The Intake Counselor.

25
Q

At what age can a juvenile waive their right to counsel in North Carolina?

A

16 years of age.

26
Q

What does ‘serious bodily injury’ mean?

A

Bodily injury that creates a substantial risk of death or causes serious permanent disfigurement, coma, or extreme pain.

27
Q

What is the difference between misdemeanor and felony child abuse?

A

Felony child abuse involves serious physical injury.

28
Q

What does ‘personal care and supervision’ mean for officers taking a child into temporary custody?

A

Close, constant supervision by the officer who took the child into custody.

29
Q

How long can a juvenile be held in temporary custody?

A

No more than 12 hours, or 24 hours if part of the time falls on a weekend or legal holiday.

30
Q

What must be done if a juvenile is held in temporary custody longer than 12 hours?

A

DSS must file a petition or motion for review, and an order for nonsecure custody must be entered by the court.

31
Q

What does the NC Center for Missing and Exploited Children recommend upon receiving a missing child report?

A

Complete the missing person report, determine if emergency measures are needed, make an entry into DCIN/NCIC, and notify the N.C. Center for Missing Persons.

32
Q

What is the legal effect of emancipation for a juvenile?

A

The juvenile can make contracts, sue, and transact business as if an adult, and the parent is relieved of legal duties.

33
Q

What is the criteria for nonsecure custody?

A
  • A juvenile has been abandoned,
  • suffered physical injury or sexual abuse,
  • is at risk of injury or abuse, or
  • needs medical treatment, and
  • the caretaker is unable or unwilling to provide it.
34
Q

What is the criteria for secure custody?

A
  • The juvenile is charged with a felony,
  • has demonstrated danger to persons or property, or
  • has failed to appear on a pending delinquency charge.
35
Q

Who can grant a nonsecure custody order?

A

The court.

36
Q

What NC General Statute Chapter deals with Juvenile Law?

A

Chapter 7B.

37
Q

What is the definition of a ‘dependent juvenile’?

A

A juvenile in need of assistance because there is no parent or guardian able to provide care or supervision.

38
Q

What is the definition of a ‘neglected juvenile’?

A

A juvenile who does not receive proper care, supervision, or discipline, has been abandoned, or lives in an injurious environment.

39
Q

What actions should be taken when law enforcement encounters a runaway juvenile?

A

Conduct a thorough investigation, take the case seriously, and connect the juvenile with appropriate resources.

40
Q

What does ‘undisciplined juvenile’ mean?

A
  • A juvenile who is disobedient,
  • absent from school,
  • found in unlawful places, or
  • has run away from home.
41
Q

What does ‘serious physical injury’ mean?

A

Physical injury that causes great pain and suffering, including serious mental injury.

42
Q

What should law enforcement do when there is a refusal by a parent to allow entry during a child abuse investigation?

A

Establish probable cause, obtain an arrest or search warrant if needed, or make a warrantless entry only to save life or prevent serious bodily harm.

43
Q

What is the role of DSS when a juvenile is taken into temporary custody by law enforcement?

A

DSS should be notified immediately and work as a team with law enforcement to address the situation.

44
Q

What does the term ‘caretaker’ refer to in juvenile law?

A

Any person other than a parent, guardian, or custodian responsible for the health and welfare of a juvenile in a residential setting.

45
Q

What is required for a crime scene search involving a juvenile?

A

Consent from an authority or a search warrant may be required to conduct a crime scene search.

46
Q

What should law enforcement do when interviewing neighbors or others during a juvenile investigation?

A

Interview them to establish probable cause if needed, especially when there is no complainant to interview.

47
Q

What should law enforcement do if a parent is unwilling or unable to provide necessary medical treatment for a juvenile?

A

Take appropriate action to ensure the juvenile receives the necessary medical treatment, potentially involving nonsecure custody.

48
Q

What does ‘beyond parental control’ mean in the context of juvenile law?

A

It refers to a situation where a parent is unable or unwilling to maintain discipline and control over their child, possibly requiring temporary custody of the juvenile.

49
Q

What are the duties of law enforcement when handling cases of child neglect, dependency, and abuse?

A

Respond to calls, assist DSS in investigations, ensure public safety, and provide necessary care for the juvenile.

50
Q

What are some reasons juveniles might run away from home?

A

Abuse, neglect, family conflict, mental health or substance abuse issues, and being forced out of their homes.

51
Q

What must be done with missing persons who are located?

A

They should be cleared out of the Division of Criminal Information Network (DCIN)/NCIC and the N.C. Center for Missing Persons.