Juvenile Delinquency Flashcards
May a child alleged to have committed a delinquent act or violation of law be placed into secure or nonsecure detention to facilitate interrogation or investigation?
NO.
What happens to a child charged with possessing or discharging a firearm on school property?
Must be placed in secure detention care.
Not released to parents.
When must a child in custody be given a hearing re probable cause and need for continued detention?
Within 24 hours after being taken into custody.
May a child be placed in a cop car or similar vehicle at same time it contains an adult under arrest?
No, unless the adult is alleged or believed to be involved in the same offense as the child or there is an emergency.
What must a person taking a child into custody do?
Attempt to notify the parent, guardian or legal custodian.
When may the child be fingerprinted?
- if the offense would be a felony if committed by adult
- upon probable cause that the child has commited any other violation of law and may also be photographed
If the child is taken into custody by law enforcement 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 (also if its a crime of violence)
- the child will be fingerprinted
What kind of reporting is required after a child is taken into custody and then released?
- the person who took the child into custody must, within 24 hours after the release, make a written report or probable cause affidavit to the juvenile probation officer stating the facts and the reason for taking the child into custody.
May a child be brought to an adult jail or other facility used to detain adults?
- yes, for the purpose of fingerprinting or photographing or awaiting transport to the Dept of Juvenile Justice.
- may not exceed 6 hours
- may not have regular sight and sound contact with adult inmates.
