Juvenile Law

Question 1

When can we take a child into protective custody?

Answer 1

1. The child’s welfare is jeopardized by conditions or surroundings
2. issuance of juvenile court order
3. when the child ran away from home

Question 2

what MUST we do after taking a child into custody?

Answer 2

we SHALL release to guardian/parent or other responsible person unless…

1. juvenile court order to be taken into protective custody
2. there is PC to believe the release would immediately endanger the child or others.

Question 3

if we are not releasing the child we MUST:

Answer 3

1. take the kiddo to court/use procedure put in place by DA.

2. take the kiddo to a detention place/shelter etc and notify court ASAP

Question 4

when can we fingerprint the child?

Answer 4

1. search warrant
2. consent of both kid and parents after advise that they don’t have to
3. upon request or consent of parent alone if they keep the original print card and photo and we don’t keep copies
4. by order of the JUV court

Question 5

what can we do with fingerprints/photographs of children?

Answer 5

1. must be kept separate from adults

2. can only be kept local, can’t be sent to a central, state, or federal depository.

Question 6

what is the burden of proof in a petition to show that a child is within the jurisdiction of the court?

Answer 6

preponderance of competent evidence

Question 7

if a child is native american and falls under the indian child welfare act the standard of proof is _____________?

Answer 7

clear and convincing evidence.

Question 8

If parental rights are terminated for an indian kid, the evidence must be ______________.

Answer 8

beyond a reasonable doubt

Question 9

can a per on who is 15, 16, or 17 years old charged with agg murder or measure 11 offense be prosecuted in adult court?

Answer 9

yes

Question 10

can a youth be waived into adult court in some cases?

Answer 10

yes

Question 11

when can we take a youth into custody?

Answer 11

1. when if the youth were and adult they could have been arrested without a warrant
2. juv court order
3. when we have PC tgar within the last 120 days the youth possessed a firearm or destructive device while in a public building or court facility.

Question 12

when can a youth be detained in a police station, jail, prison or other place adults are detained?

Answer 12

1. up to 5 hours when we need to obtain the youth’s name, age, race or other identifying info.
2. if the youth is waived into adult court and is at least 16 years old, and the sheriff or other responsible person for the jail agree to detain the youth where adults are detained.

Question 13

when you take custody of a youth for a CRIME should we take photographs and fingerprints?

Answer 13

WE SHALL, WE HAVE TO

Question 14

what is the burden of proof in juvenile court matters?

Answer 14

beyond a reasonable doubt

Question 15

what is the state’s curfew hours for minors?

Answer 15

midnight to 0400