Juvenile Delinquency

Question 1

Which of the following states two options the court has upon finding that the child committed a delinquent act or law violation?

A Adjudicate the child delinquent only, or withhold adjudication and order restitution.
B Adjudicate the child delinquent and place the child in a probation program, or withhold adjudication and order restitution.
C Place the child in a probation program without an adjudication, or adjudicate the child delinquent and order community service.
D Order the child to participate in a substance abuse program without an adjudication, or adjudicate the child delinquent and order community service.

Answer 1

A Adjudicate the child delinquent only, or withhold adjudication and order restitution.

The court may adjudicate the child delinquent. Alternatively, it has discretion to withhold adjudication and order the child to (a) participate in a probation program, (b) make restitution, (c) engage in community service, (d) participate in a substance abuse program, or (e) enroll in an educational program. Under such circumstances, the court may enter an adjudication of delinquency if the child subsequently fails to abide by the court’s order.

Question 2

Which is not a kind of motion that a child may file in delinquency proceedings?

A Motion to dismiss
B Motion to sever
C Motion on plea
D Motion to suppress

Answer 2

C Motion on plea

A child may not file a motion on plea in a delinquency hearing. A child in proceedings may file motions to dismiss on constitutional or other grounds, motions to sever the proceedings, and motions to suppress evidence (including, commonly, motions concerned with school-based searches and with the voluntariness of custodial interrogations).

Question 3

When must a delinquency petition be dismissed?

A If the court determines at any time that the child will never become competent to proceed
B If the court determines that the child might not become competent within the next year.
C If two years have passed since the order of incompetency and the evidence suggest the child might not attain competency within a year.
D If two years have passed since the order of incompetency and no evidence suggests the child will attain competency within a year.

Answer 3

D If two years have passed since the order of incompetency and no evidence suggests the child will attain competency within a year.

The court must dismiss the petition if (a) the child has not attained competency after two years have passed since the order of incompetency was issued, and (b) there is no evidence that the child will attain competency within the upcoming year. The court may also dismiss the petition if it determines at any time that the child will never become competent to proceed.

Question 4

If a child adjudicated incompetent to proceed has committed an act or law violation that would be a felony if committed by an adult, she must be:

A Committed to the Department of Juvenile Justice (“DJJ”)
B Committed to the Department of Children and Family Services (“DCF”)
C Placed in a secure facility or program
D Provided restoration-of-competency treatment or training services because of his age or immaturity.

Answer 4

B Committed to the Department of Children and Family Services (“DCF”)

A child adjudicated incompetent who has committed an act that would be a felony if committed by a competent adult must be committed to DCF for treatment or training. If, however, the incompetency adjudication was premised on the child’s age, immaturity, or any reason other than the child’s mental illness or retardation or autism, the child may not be committed to DJJ or DCF for restoration-of-competency treatment or training services.

Question 5

Provide three findings that are each grounds for placing a child in detention.

A When the child must appear at a future hearing, when the child needs protection from future bodily harm, and when the placement facilitates interrogation or investigation.
B When the child has committed a property offense previously, when there is a lack of more appropriate facilities for placement, and when the child has committed contempt of court.
C When the child requests protection from imminent bodily harm, when the child presents a substantial risk of inflicting bodily harm on others, and when the child has committed contempt of court.
D When the child has committed a property offence previously, when the placement permits more convenient administrative access to the child, and when the child must appear at a future hearing.

Answer 5

C When the child requests protection from imminent bodily harm, when the child presents a substantial risk of inflicting bodily harm on others, and when the child has committed contempt of court.

Three findings each of which provides grounds for placing a child in detention are requesting protection from imminent bodily harm, presenting a substantial risk of inflicting bodily harm on others, and committing contempt of court by intentionally disrupting the proceedings, disobeying a court order, or engaging in a punishable act or speech in the court’s presence. Other grounds justifying detention include a child presenting a substantial risk of not appearing at a subsequent hearing, and presenting a history of committing a property offense prior to adjudication, disposition, or placement.

Question 6

After arresting a minor, may police department release a copy of the offense report to the school board?

Answer 6

Yes.

When a child of any age is taken into custody for a law enforcement officer for a crime of violence or for an offense that would have been a felony if committed by an adult, the superintendent of schools must be notified, and the superintendent must notify other appropriate school personnel.

Question 7

May a child be placed into a police car or similar vehicle that at the same time contains an adult under arrest?

Answer 7

No, except in an emergency. Unless the adult is alleged or believed to be involved in the same offense as the child.

Question 8

Must the person taking a child into custody attempt to notify the parent, guardian, or legal custodian?

Answer 8

Yes.

If the child is delivered to a juvenile probation officer before notification is achieved, the juvenile probation officer must continue the attempt to notify.

Question 9

Can a law enforcement agency fingerprint and photograph a child taken into custody?

Answer 9

Yes, upon probable cause that the child has committed any other violation of law.

If the child is not referred to the court, or if the child is found not to have committed a violation of law, the court may order the originals and copies of the fingerprints and photographs destroyed.

Question 10

If a child taken into custody is released, the person who took child into custody must:

Answer 10

Within 24 hours after the release, make a written report or probable cause affidavit to the juvenile probation officer sating the facts and the reason for taking the child into custody.

Question 11

May a law enforcement take a child to a facility used for the detention of adults?

Answer 11

Yes.

A law enforcement officer may deliver the child for temporary custody (not to exceed 6 hours) to a secure booking area of a jail or other facility used to detain adults for the purpose of fingerprinting or photographing the child or awaiting transport to the Department of Juvenile Justice (“DJJ”), but no regular sight and sound contact between the child and adult inmates is permitted.

Question 12

May a child be fingerprinted or photographed prior to an adjudication of delinquency for an offense that would not be a felony if committed by an adult?

Answer 12

If the offense would be a felony if committed by an adult, the child WILL be fingerprinted.
A law enforcement MAY fingerprint and photograph a child taken into custody upon probable cause that the child has committed any other violation of law.

Question 13

If a child is charged with possession or discharging a firearm on school property, where must he be placed?

Answer 13

Secure detention care

Question 14

A child who is ordered to be detained must be given a hearing within 24 hours to determine:

Answer 14

(1) The existence of probable cause that the child committed the delinquent act or violation of law; and
(2) The need for continued detention.

Question 15

If the court at any time has reason to believe the child may be incompetent to proceed with the hearing:

Answer 15

The court on its own motion MAY, or on the motion of the child’s attorney or state attorney MUST, stay all proceedings and order an evaluation of the child’s mental condition.

Question 16

In determining the competency of a child to proceed with a hearing, findings of fact must be based on an evaluation of the child’s mental condition by:

Answer 16

Not less than 2 nor more than 3 experts appointed by the court.

Question 17

A child determined incompetent to proceed who has committed a delinquent act or violation of law that would be a felony if committed by an adult must be committed to:

Answer 17

The Department of Children and Family Services for treatment.

Question 18

A child will meet the criteria for secure placement if the court makes a finding by clear and convincing evidence that he will:

Answer 18

Inflict serious bodily harm on himself or others and all available less restrictive alternatives are inappropriate.

Question 19

If a child has not attained competency at the end of the 2-year period following the date of the order of incompetency and there is no evidence that he will attain competency within a year:

Answer 19

The court MUST dismiss the delinquency petition.

Question 20

If the court determines at any time that the child will never become competent to proceed:

Answer 20

The court MAY dismiss the delinquency petition.

Question 21

Children who are adjudicated delinquent and awaiting placement in a commitment program (must/may) be placed in detention care.

Answer 21

Must

Question 22

Children who are in home detention care or nonsecure detention care (must/may) be placed on electronic monitoring.

Answer 22

May

Question 23

A child who is waiting placement in a low-risk or moderate-risk residential program (must/may) be removed from detention within 5 days (excluding Saturdays, Sundays, and legal holidays).

Answer 23

Must

Question 24

If the child is committed to a high-risk or maximum-risk residential program, the child (will/will not) be held in detention care until placement or commitment is accomplished.

Answer 24

Will

Question 25

Although no answer to the petition is required, an answer admitting the allegations the petition (must/may) be filed by the child joined by a parent or the child’s counsel.

Answer 25

May

Question 26

If the state attorney certified the child for prosecution as an adult and requested that the child be transferred for criminal prosecution as an adult, will the court order delivery of the child to a jail or other facility use for the detention of adults?

Answer 26

Yes

Question 27

If the state attorney certified the child for prosecution as an adult and requested that the child be transferred for criminal prosecution as an adult, must the child be housed separately from adult inmates and prohibited from having regular contact with incarcerated adults, including trustees?

Answer 27

Yes

Question 28

If the state attorney certified the child for prosecution as an adult and requested that the child be transferred for criminal prosecution as an adult, will supervision of the child include physical observation and documented checks by personnel at intervals not to exceed 20 minutes?

Answer 28

No.

Supervision of a child transferred to a jail or other facility used for the detention of adults includes physical observation and documented checks by personnel at intervals not to exceed 15 minutes.

Question 29

Proceedings seeking a finding that a child has committed a delinquent act or violation of law are initiated by ____________ filing a petition for delinquency in writing and under oath.

Answer 29

The state attorney

Question 30

An adjudicatory hearing must be held when?

Answer 30

As soon as practicable after the petition is filed.

The child is entitled to conduct discovery. Reasonable delay for investigation, discovery, or producing counsel will be granted.

Question 31

May a court also require that the child be place din a probation program following discharge from commitment?

Answer 31

Yes

Question 32

If a child is found to have committed a delinquent act, the court may order the DJJ to prepare _______________, based on a multidisciplinary assessment if needed, regarding the child’s needs.

Answer 32

A predisposition report.

The predisposition report recommends a classification risk and a plan for treatment. A predisposition report report and comprehensive evaluation of health, substance abuse, and educational problems MUST be ordered for any child for whom a residential commitment disposition is anticipated or recommended. The predisposition report must address: the seriousness of the offense to the community, whether protection of the community requires adjudication and commitment to a DJJ facility, whether the offense was committed in an aggressive or premeditated manner, whether the offense was against persons or against property, the maturity of the child, the child’s prior criminal history, and the likelihood of reasonable rehabilitation if committed to a community services program or facility.

Question 33

A parent may be absolved from restitution if the court finds the parent made:

Answer 33

A diligent and good faith effort to prevent the child from engaging in delinquent acts.

Question 34

A child may be tried as an adult prior to the commencement of an adjudicatory hearing if:

Answer 34

The child, joined by a parent or guardian, demands to be tried as an adult. The court will transfer and certify the criminal case for trial as an adult.

Question 35

The state attorney may file a motion requesting the court to transfer the child for criminal prosecution if:

Answer 35

The child was 14 years of age or older at the time the alleged delinquent act or violation of law was committed.

Question 36

The state attorney must either request the court to transfer and certify the child for prosecution as an adult or provide written reasons to the court for not making the request if:

Answer 36

The child was 14 years of age or older and has previously been adjudicated delinquent for the commission of certain offenses, including burglary with an assault or battery, and the child is currently charged with a second or subsequent violent crime against a person.

Question 37

A motion requesting the court tot transfer the child for criminal prosecution (must/may) be filed within 7 days (excluding Saturdays, Sundays, and legal holidays) after a petition has been filed alleging that ta child committed a delinquent act or violation of law.

Answer 37

May.

The motion may be filed later, with approval of the court, but must be filed before an adjudicatory hearing and after considering the recommendation of the juvenile probation officer.

Question 38

True or False?

If the child was 14 or 15 years of age at the time the alleged offense of armed burglary was committed, the state attorney may file an information based on a determination that the public interest requires adult sanctions.

Answer 38

True

Question 39

True or False?

If the child was 16 or 17 years of age at the time the alleged offense was committed, the state attorney may file an information based on a determination that the public interest requires adult sanctions.

Answer 39

True

Question 40

True or False?

If the child was 16 or 17 years of age at the time the alleged offense was committed, the state attorney must file an information if the child has been previously adjudicated delinquent for commission of carjacking and the child is currently charged with aggravated assault.

Answer 40

True

Question 41

True or False?

If the child was 14 or 15 years of age at the time the child is alleged to have committed grand theft of a motor vehicle, the state attorney must file an information.

Answer 41

False.

Regardless of the child’s age, the state attorney is required to file an information if a child is alleged to have committed an offense that involves stealing a motor vehicle ONLY IF the child caused serious bodily injury or death of a person not involved in the underlying offense while in possession of the stolen motor vehicle. The driver and all willing passengers in the stolen motor vehicle at the time serious bodily injury or death is inflicted are also subject tot mandatory transfer to adult court.

Question 42

With respect to a child who was 16 or 17 years old at the time the alleged offense was committed, the state attorney (must/may) file an information baed on a determination that the public interest requires adult sanctions.

Answer 42

May

Question 43

With respect to a child who was 16 or 17 years old at the time the alleged offense was committed, the state attorney MUST file an information if:

Answer 43

(1) The child has been previously adjudicated delinquent for commission of certain violent crimes and the child is currently charged with a second or subsequent violent crime against a person;
(2) The offense is classified as a forcible felony and the child has previously been adjudicated delinquent or had an adjudication withheld for 3 acts classified as felonies, each of which occurred at least 45 days apart from each other; or
(3) The child is alleged to have committed an offense that involves stealing a motor vehicle and the child caused serious bodily injury to or the death of a person not involved int underlying offense while in possession of the stolen motor vehicle.

Question 44

Once a child has been transferred fro criminal prosecution pursuant to an information and found to have committed the offense, the child is treated as:

Answer 44

An adult for any subsequent violation of state law, UNLESS the court imposes juvenile sanctions as provided by statute.

Question 45

The ________ court has exclusive original jurisdiction of proceedings in which a child is alleged to have committed a delinquent act or violation of law.

Answer 45

Circuit

Question 46

The court may place an adjudicated child in a probation program under the supervision of the DJJ or other authorized person or agency, in the child’s home, in the home of a relative, or in some other suitable place. If the condition of the probation program are violated, the court may:

Answer 46

Revoke, modify, or continue probation.