Juvenile #2 Flashcards
Question
Answer
What does DSS generally address?
The behavior of adults leading to the abuse, neglect, or dependency of children.
What is the focus of Juvenile Justice?
The behavior of juveniles, specifically addressing inappropriate or delinquent behavior.
What should law enforcement do first when responding to a call involving a juvenile?
Provide necessary medical assistance.
When should law enforcement notify DSS during a juvenile investigation?
Immediately if there is cause to believe the juvenile is abused, neglected, or dependent.
What should be done if a juvenile investigator is needed according to agency policy?
Notify the juvenile investigator(s) as directed by the agency policy.
What should law enforcement do if taking a child into temporary custody?
Take the child into temporary custody if necessary and applicable.
How should crime scenes involving juveniles be handled?
Like any other crime scene, but consent or a warrant may be required for a search.
What training might be needed for law enforcement when interviewing a child?
Additional training to protect the child’s statement as evidence in court.
When can law enforcement enter a home without a warrant during a juvenile investigation?
If there is reasonable belief that entry is needed to save a life or prevent serious bodily harm.
What is the role of the officer when taking a juvenile into temporary custody?
Select an appropriate course of action that ensures public safety and meets the needs of the juvenile.
Who has exclusive original jurisdiction over delinquent juveniles in North Carolina?
The Juvenile Court, a subset of District Court.
What is the purpose of juvenile intake services?
To determine whether there are reasonable grounds for a juvenile complaint and whether court action is necessary.
What is a Nontestimonial Identification Order (NTO)?
An order for identification procedures on a juvenile, such as fingerprints or photographs, issued by a judge upon request from a prosecutor.
Who can access juvenile records without a court order?
The juvenile, their attorney, their parent/guardian, the district attorney, court counselors, and law enforcement officers sworn in this state.
What is the definition of an undisciplined juvenile?
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.
What is the definition of a delinquent juvenile?
A juvenile who commits a crime or infraction under state law or local ordinance, excluding motor vehicle violations.
What is the minimum age a juvenile can be fingerprinted and photographed in North Carolina?
10 years old.
What is the waiting period to place a juvenile runaway in NCIC as missing?
24 hours.
Under what circumstances can a juvenile be transferred to Superior Court?
If a juvenile 15 or under is charged with a felony that would be a felony if committed by an adult.
What are five non-divertible offenses?
Murder, first or second-degree rape, first or second-degree sexual offense, arson, felony violations of Article 5 Chapter 90.
What is a juvenile petition?
A document that alleges an offense committed by a juvenile and a time to appear in court.
Who will likely file a juvenile petition when law enforcement is involved?
Law enforcement officers themselves.
Who decides if a juvenile petition will be accepted?
The Intake Counselor.
At what age can a juvenile waive their right to counsel in North Carolina?
16 years of age.
What does ‘serious bodily injury’ mean?
Bodily injury that creates a substantial risk of death or causes serious permanent disfigurement, coma, or extreme pain.
What is the difference between misdemeanor and felony child abuse?
Felony child abuse involves serious physical injury.
What does ‘personal care and supervision’ mean for officers taking a child into temporary custody?
Close, constant supervision by the officer who took the child into custody.
How long can a juvenile be held in temporary custody?
No more than 12 hours, or 24 hours if part of the time falls on a weekend or legal holiday.
What must be done if a juvenile is held in temporary custody longer than 12 hours?
DSS must file a petition or motion for review, and an order for nonsecure custody must be entered by the court.
What does the NC Center for Missing and Exploited Children recommend upon receiving a missing child report?
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.
What is the legal effect of emancipation for a juvenile?
The juvenile can make contracts, sue, and transact business as if an adult, and the parent is relieved of legal duties.
What is the criteria for nonsecure custody?
- 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.
What is the criteria for secure custody?
- The juvenile is charged with a felony,
- has demonstrated danger to persons or property, or
- has failed to appear on a pending delinquency charge.
Who can grant a nonsecure custody order?
The court.
What NC General Statute Chapter deals with Juvenile Law?
Chapter 7B.
What is the definition of a ‘dependent juvenile’?
A juvenile in need of assistance because there is no parent or guardian able to provide care or supervision.
What is the definition of a ‘neglected juvenile’?
A juvenile who does not receive proper care, supervision, or discipline, has been abandoned, or lives in an injurious environment.
What actions should be taken when law enforcement encounters a runaway juvenile?
Conduct a thorough investigation, take the case seriously, and connect the juvenile with appropriate resources.
What does ‘undisciplined juvenile’ mean?
- A juvenile who is disobedient,
- absent from school,
- found in unlawful places, or
- has run away from home.
What does ‘serious physical injury’ mean?
Physical injury that causes great pain and suffering, including serious mental injury.
What should law enforcement do when there is a refusal by a parent to allow entry during a child abuse investigation?
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.
What is the role of DSS when a juvenile is taken into temporary custody by law enforcement?
DSS should be notified immediately and work as a team with law enforcement to address the situation.
What does the term ‘caretaker’ refer to in juvenile law?
Any person other than a parent, guardian, or custodian responsible for the health and welfare of a juvenile in a residential setting.
What is required for a crime scene search involving a juvenile?
Consent from an authority or a search warrant may be required to conduct a crime scene search.
What should law enforcement do when interviewing neighbors or others during a juvenile investigation?
Interview them to establish probable cause if needed, especially when there is no complainant to interview.
What should law enforcement do if a parent is unwilling or unable to provide necessary medical treatment for a juvenile?
Take appropriate action to ensure the juvenile receives the necessary medical treatment, potentially involving nonsecure custody.
What does ‘beyond parental control’ mean in the context of juvenile law?
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.
What are the duties of law enforcement when handling cases of child neglect, dependency, and abuse?
Respond to calls, assist DSS in investigations, ensure public safety, and provide necessary care for the juvenile.
What are some reasons juveniles might run away from home?
Abuse, neglect, family conflict, mental health or substance abuse issues, and being forced out of their homes.
What must be done with missing persons who are located?
They should be cleared out of the Division of Criminal Information Network (DCIN)/NCIC and the N.C. Center for Missing Persons.
