Juvenile Law Flashcards
From scattered local districts and offices, juvenile justice services have become _____ and _____
Centralized
Standardized
When is a juvenile considered to be abused?
Under 18 AND Caretaker
Inflicts serious physical injury;
Substantial risk of serious physical injury;
Serious emotional damage;
Delinquent acts involving moral turpitude;
Commits, permits, encourages:
Rape, sex offenses, obscenity laws
What is a juvenile?
Under 18
Not married
Not emancipated
Not a member of armed forces
What is a caretaker?
Person other than parent, guardian, custodian
Responsible for health and welfare in a RESIDENTIAL
SETTING; or
Person with primary responsibility in child care facility or
residential educational facility; or
Person with approval of care provider to assume
responsibility
A program providing non-residential or residential treatment to a juvenile in the community where the juvenile’s family lives.
Community Based Program
The person or agency that has been awarded legal custody of a juvenile by a court or a person, other than parents or legal guardian, who has assumed the status and obligation of a parent without being awarded the legal custody of the juvenile by a court.
Custodian
What is a dependent juvenile?
No parent, guardian, custodian responsible for care; OR
Parent, guardian, custodian is unable to provide care and
lacks alternative child care arrangement
What is a neglected juvenile?
Does not receive proper care, supervision, or discipline from parent, guardian, custodian, or caretaker
Under what conditions is a child considered to be abandoned?
Abandoned
Not provided proper medical care
Environment injurious to welfare
Placed under adoption in violation of law
It is probably neglect if the child is ___ years old or less; OR if the child is older than ____ but is not considered to have normal intelligence.
11
The head of the county department of social services in the county where the juvenile resides or is found.
Director
Person responsible for intake services and court supervision services to juveniles under the supervision of the chief court counselor
Juvenile court counselor
What are the three quanta of proof?
Preponderance of evidence
Clear and convincing evidence
Beyond a reasonable doubt
Diligent and timely use of permanency planning services by a department of social services to develop and implement a permanent plan for the juvenile.
Reasonable efforts
What is a safe home?
One where juvenile is not at substantial risk of physical/emotional abuse or neglect.
Temporary care of a juvenile in a physically unrestricting facility pending court disposition
Shelter care
When does the juvenile court have jurisdiction over the parent or guardian of a juvenile?
When juvenile is adjudicated abused, neglected, or
dependent (as long as summons has been
personally served
Juvenile court jurisdiction does not extend to cases involving adult defendants alleged to be guilty of _____ or _____.
Abuse
Neglect
Once juvenile jurisdiction has been obtained, how long will it continue?
Until terminated by court
Until juvenile reaches 18
Until emancipation
What is the philosophy behind conducting law enforcement investigations of child abuse and neglect?
Identify child at risk
Prevent abuse or neglect
Improve quality of child care
Preserve and stabilize family life
The philosophy behind conducting investigations of abuse and neglect does not include the prosecution of parents unless in ____ or ___________ cases
Incest
Sex abuse
During emergency or life-threatening investigations, what actions must law enforcement take?
Provide medical assistance Notify DSS immediately Take child into temporary custody if necessary Conduct interviews Answer complaints
If a parent, guardian, or custodian refuses officer’s entry into home, what must the officer have to make lawful entry?
Arrest warrant if subject resides in home; OR
Search warrant; OR
Reasonable belief that warrantless entry is needed to save
life or prevent serious bodily injury
How can officers establish probable cause that a crime is being committed in juvenile’s home?
Interview neighbors
Once PC has been established, what should DSS obtain?
Non-secure custody order
When can agencies share information about juveniles with other agencies?
Abused Neglected Delinquent Dependent Undisciplined
Under what circumstance can agencies NOT share juvenile information with other agencies?
Mental health information on substance abuse
Each ____ has established protective services for juveniles alleged to be abused, neglected, or dependent and has specific procedures for handling complaints.
County
Who has a legal duty to report child abuse, neglect, or dependency?
Every person
What agency must people report child abuse to?
DSS
A report to DSS may be made _____
Anonymously
If a report is made of sexual abuse in a day care facility or home, DSS must notify _____ within ___ hours or within the next work day.
SBI
24
Is there a privileged relationship exception to the duty to report child abuse, neglect, or dependency?
NO. The only case is when an attorney acquires knowledge during representation of a client where grounds does not exist to report condition
When must physicians report illness or injury to law enforcement?
Recurrent illness or injury
Under 18
Result of non-accidental trauma
DSS has ____ working days to give a written notice to the person who made the report regarding whether the report was accepted for investigation and whether it was referred to a LE agency.
5
What options does DSS have during the course of an investigation?
Immediate removal of juvenile
Arrangement for protective services in home
Filing petition in district court
True or False
Officers are required to assist in the investigation and evaluation of the seriousness of any report upon the request of DSS.
True
Under what conditions are parents immune from prosecution during infant abandonment cases?
Infant under 7 days old
Without intent to return
Delivers to police station, EMS worker, or any adult
Within ____ hours, DSS must make an immediate oral report and subsequent written report to the DA and LE agency
48
After receipt of information from DSS, how long does law enforcement have before initiating an investigation?
48 hours
If DSS receives a report that a juvenile has been abused or neglected in a day care facility or home, the Director must notify the Department of Health and Human Resources (DHR), the Division of Child Development, within ____ hours or on the next working day of receipt of the report.
24
With authorization from chief district judge, how long can physician retain physical custody of juvenile?
12 hours
What are the elements of Felony Child Abuse?
Parent or person providing care
Child less than 16
Intentionally inflicts serious physical injury
Commits, permits, encourages prostitution or sex offenses
Serious bodily injury resulting in impairment of mental or
emotional function
Willfully act OR grossly negligent omission shows reckless
disregard AND results in serious injury
What is the key difference between felony and misdemeanor child abuse?
Misdemeanor child abuse involves the infliction of physical injury other than accidental
What are the elements of indecent liberties between children?
Under 16 Immoral, improper, indecent liberties OR Lewd or lascivious act At least 3 years younger than defendant For purpose of gratifying sexual desire
What are the elements of contributing to delinquency and neglect by parents and others?
At least 16
Knowingly or willfully
Causes, encourages, or aids juvenile
To be in place or condition OR
Commit act that juvenile could be adjudicated delinquent,
undisciplined, abused, or neglected
True or False
Taking indecent liberties with a student includes vaginal intercourse and sexual acts.
False. Does NOT include these
What are the weapons offenses associated with juveniles?
Selling or giving weapons to minors
Firearms must be stored to protect minors
Sale or transfer of firearm to protect minor
Permitting young children to use dangerous firearms
Weapons on school grounds
Possession of handguns by minors
A summons is issued by the clerk at the time of the filing of a petition to the parent, guardian, custodian, or caretaker. The summons must be personally served upon the parent, guardian, custodian, or caretaker, not less than ____ days prior to the date of the scheduled hearing
Five
The taking of physical custody and providing personal care and supervision until a court order for nonsecure custody can be obtained
Temporary Custody
True or False
A juvenile may be taken into temporary custody without a court order by a law enforcement officer or a department of social services worker if there are reasonable grounds to believe that the juvenile is abused, neglected or dependent and that the juvenile would be injured or could not be taken into custody if it were first necessary to obtain a court order.
True
Is it permissible when a law enforcement officer takes a juvenile into temporary custody, that he/she leaves the juvenile in a room alone or gives to someone else to care for and watch?
NO
When someone takes a juvenile into custody without a court order, what must they do?
Contact juveniles parents
Advise parent of right to be present
Release to parent if continued custody is not necessary
Communicate with DSS
A juvenile cannot be held in temporary custody for more than ____ hours
12
If a juvenile is taken into temporary custody on a Saturday, Sunday, or legal holiday, how long can they be held?
24 hours
Under what two conditions can a juvenile in temporary custody be held longer than 12 hours or 24 hours on a weekend or holiday?
A petition or motion for review has been filed by DSS
AND
Order for nonsecure custody has been entered by court
What happens when the court issues a non custody order?
LEO serves order
DSS takes custody of child
What conditions have to be met for a court to issue a nonsecure custody order?
Reasonable factual basis to believe matter in petition is true
AND
Juvenile has been abandoned or physical injury/sex abuse
OR
Juvenile exposed to substantial risk of injury or sex abuse
BECAUSE
Parent, guardian, custodian, caretaker
Created conditions likely to cause injury OR
Failed to provide adequate supervision or protection
Can a nonsecure custody order be made if juvenile is in need of medical treatment and caretaker is unable or unwilling to provide or consent to treatment?
Yes
True or False
A nonsecure custody order can be made if the juvenile caretaker consents to order and if the juvenile is a runaway and consents to order.
True
Who must receive a copy of the nonsecure custody order?
Parent, guardian, caretaker, custodian
Parental liability for damages caused by a minor cannot exceed _____ dollars
$2,000
In order for child snatching by a parent to be enforced, what must be in place first?
Court order governing custody of child
If no court order governing the custody of a child is issued, can parents take their child to any geographical location?
Yes
Choose correct word in parenthesis
In cases where a complaining parent alleges that the snatching parent has violated an existing custody order, officers (should) (should not) attempt to enforce such orders without further direction from the issuing court.
Should not
Keeping a child outside the state limits in violation of a court order for a period in excess of ____ hours is prima facie evidence of the offender’s intent to violate the custody order at the time he took the child from the state.
72
When should a law enforcement officer enter a missing person report in NCIC?
Immediately
In addition to entering a missing person into NCIC, the report must also be sent to _______________.
North Carolina Center for missing persons
What is the purpose of an adjudicatory hearing?
To determine whether the allegations stated in the petition are true.
What is the quantum of proof in a delinquency proceeding?
Beyond reasonable doubt
What is the quantum of proof of for undisciplined offenses?
Clear and convincing evidence
Person responsible for administration and supervision of juvenile intake, probation, and post-release supervision in each judicial district
Chief court counselor
Any juvenile who, while less than 16 years of age but at least 6 years of age, commits a crime or infraction under state law or under an ordinance of local government, including motor vehicle laws.
Delinquent juvenile
The secure confinement of a juvenile pursuant to a court order.
Detention
When is a minor considered to be emancipated?
16 or 17 and has been resident for 6 months
Legal effect of allowing juvenile to make contract, sue, and
be sued, transact business like adult
Parent or caretaker relieved of all legal duties and
obligations
An agreement by 50 states and District of Columbia providing formal means of returning a juvenile, who is an absconder, escapee, or runaway, to the juveniles home state.
Interstate Compact
Under what circumstances is a juvenile considered undisciplined?
Unlawfully absent from school
Regularly disobedient and beyond disciplinary control of
parent
Regularly found places unlawful for juvenile to be
Has run away from home for more than 24 hours
Can a 16 or 17 year old be adjudicated undisciplined for being unlawfully absent from school?
No. Compulsory attendance law does not require 16 or 17 year olds to attend school
Does juvenile court jurisdiction for undisciplined juveniles extend to 16 and 17 year olds?
Yes. Except truancy
True or False
For a juvenile who is regularly disobedient to and beyond the disciplinary control of the parent, the 24 hours for purposes of NCIC or report taking does not apply.
True
The individual who initiates court action by the filing of a petition or a motion for review alleging the matter for adjudication.
Petitioner
A community resource for the diversion of cases in which a juvenile has allegedly committed certain offenses for hearing by a jury of the juvenile’s peers, which may assign the juvenile to counseling, restitution, curfews, community service, or other rehabilitative measures.
Teen court
In communities that have teen courts, can law enforcement officers may make a referral directly to this resource without making a complaint to Court Services?
Yes
A secure residential facility authorized to provide long-term treatment, education, and rehabilitative services for delinquent juveniles committed by the court to the Division of Juvenile Justice.
Youth Development Center
A rehabilitative residential treatment program in a rural or outdoor setting.
Wilderness Program
What is the best course of action for dealing with truancy?
Return them to school
The parent is unable or unwilling to maintain discipline and control over their child.
Beyond parental control
Choose correct answer in parenthesis
Secure detention (is) (is not) an option for a juvenile in violation of a city or county ordinance for curfew violation.
Is not
There is a ____ hour wait on runaways to place them in the National Crime Information Center (NCIC). However, they can be entered as a missing person upon notification of the juvenile being a runaway.
24
Can parents request an undisciplined juvenile petition for juveniles 16 or 17?
Yes. Except truancy violations
A two-way interaction in which one person provides help to the other person by listening, reflecting, clarifying issues, asking questions, and developing plans for change.
Counseling
What is the best place to hold the initial non-custodial conference?
Office
The law gives officers the authority to _____; however, the victim may not agree with the disposition and they may seek a petition from the intake counselor.
Divert
For the purposes of diverting an offense, what should the officer do if the juvenile continues to deny committing the offense?
Send the juvenile to court
When the court has not obtained jurisdiction over a juvenile before the juvenile reaches age ____ for a felony and any related misdemeanors allegedly committed on or after the juvenile’s ____ birthday and prior to his or her _____ the court retains jurisdiction for the sole purpose of conducting a probable cause hearing and either transferring the case to superior court for trial as an adult, or dismissing the petition.
18
13th
16th
Whenever the facts confirm that the juvenile has violated the law—whatever the disposition—what should be made and maintained in the proper place in the department’s records according to departmental rules.
Arrest record
Juvenile contact form
______ jurisdiction is when a juvenile is committed to the DJJ office for placement in a youth development center for an offense which if committed by an adult would be:
First-degree murder
First-degree rape
First-degree sex offense
Extended
Extended jurisdiction for first-degree murder, first-degree rape, and first-degree sex offense continues until terminated by court order or until the juvenile reaches age ____.
21
Extended jurisdiction also applies if a juvenile commits an offense which if committed by an adult would be?
Class B1, B2, C, D, E Felony
Extended jurisdiction for B1, B2, C, D, and E Felonies continues until terminated by court order or until the juvenile reaches age ____.
19
Which proceedings do juvenile court have jurisdiction over?
Interstate compact placement of children
Judicial consent to medical care when parent refuses
When a juvenile is under the jurisdiction of juvenile court, when can they be charged as an adult?
Criminal offense after 16th birthday
Emancipated juvenile
Commits offense after transferred and convicted in superior court
The purpose of __________________ is to determine from available evidence whether there are reasonable grounds to believe the facts alleged are true, whether or not it’s within the jurisdiction of the juvenile court (meets proper age requirements), whether or not the facts warrant court action, and obtain assistance from community resources when court referral is not necessary.
Juvenile Intake Services
What are the non-divertible offenses
Murder
1st or 2nd degree rape
1st or 2nd degree sex offense
Arson
Felony violations of Article 5, Chapter 90
Crimes against nature
Felony involving the willful infliction of serious bodily injury
upon another or which was committed by use of
a deadly weapon.
Who determines whether a complaint should be filed as a petition to divert the juvenile, or close the case without further action?
Juvenile court counselor
The juvenile court counselor has ____ days from receipt of the complaint with a possible ____ additional days of extension at the discretion of the chief court counselor.
15
The complainant has ____ calendar days (G.S. 7B-1704) after receipt of the intake counselor’s decision not to file the petition to request review by the prosecutor.
5
No later than ____ days after the complainant is notified, the prosecutor must review the intake counselor’s decision. The prosecutor must then notify the complainant of his or her decision to affirm the intake counselor’s decision or direct the filing of the petition
20
Does a petition authorize taking physical custody of a juvenile?
NO
The summons and petition must be personally served on the parent, guardian or custodian and juvenile not less than ____ days before the hearing.
5
A juvenile’s first appearance for a felony must occur within ____ days of the filing of the petition or at the initial hearing required under G.S. 7B-1906 for secure or nonsecure custody.
10
Under what three circumstances can a law enforcement take a juvenile into temporary custody?
Delinquent
Undisciplined
Absconder
What actions must the officer take after taking a juvenile into temporary custody?
Notify parent
Release to parent if continued custody is unnecessary
Who must an officer contact if he/she takes temporary custody of a juvenile that has absconded from a youth development center or detention facility?
Court services to obtain secure custody AND
Transportation to detention facility
Who is authorized to issue secure and non-secure custody orders?
District court judge
What is the criteria for obtaining a secure custody order?
Reasonable factual basis to believe they committed act
AND
Charged with FELONY AND danger to person or
property OR
Impaired driving or driving less than 21 years old after
consuming alcohol
Failed to appear on pending delinquency charge OR
reasonable cause to believe they will not appear
Attempted self-inflicted injury
Runaway inappropriate for nonsecure custody
Can a juvenile can be taken into secure custody based on a D.C.I. message that a petition and custody order are on file.
Yes
Does an order for a secure or non-secure custody order have to be in writing?
Yes
Who must receive a copy of the secure custody order?
Parents
Child
Detention facility
No later than ___ calendar days after placing a juvenile in secure custody or ___ calendar days in nonsecure custody, a hearing must be held either on the merits or to determine the need for further custody.
5
7
True or False
If you are attempting to create a non-custodial setting, read Miranda.
False. Do not read Miranda for non-custodial
What ages must the officer read Juvenile Miranda Warnings?
14, 15, 16, 17
What additional warnings must the officer give to a juvenile when reading Miranda?
The right to have attorney present regardless of not being
able to afford one
Right to hav parent, guardian, or custodian present during
questioning
What age can a juvenile not waive his/her right to have parent present during questioning?
Less than 14
Can parents waive the juveniles rights?
NO. Only the juvenile can
An officer who wishes to conduct a custodial interrogation of a juvenile should follow what suggestions?
Use printed Miranda card
Obtain written waiver
True or False
All custodial interrogations conducted in a place of detention must be electronically recorded in its entirety, from the time when the juvenile is advised of the Miranda rights.
True
For the purposes of electronically recording custodial interrogations, what is a place of detention defined as?
Jail, police or sheriff’s station, correctional or detention facility, holding facility for prisoners, or other facility where persons are held in custody in connection with criminal charges.
What must a law enforcement officer do if he/she charges a minor who is 16 or 17 with a criminal offense?
Notify parent as soon as possible
If a minor is taken into custody, the officer or his immediate supervisor must notify a parent or guardian in writing that the minor is in custody within ____ hours of minor’s arrest.
24
If a minor is not taken into custody, does the officer have to notify the parent if they are charged with a moving violation?
No.
If a person 16 or over is charged with a felony, the officer must notify the principal of the school as soon as possible, but within ____ days.
5
Does the officer have to notify the principal if the juvenile is 15 or under?
No. Juvenile court services is responsible for doing so
When must law enforcement officers fingerprint and photograph a juvenile?
10 years or older
Non-divertible offense; AND
Complaint has been prepared for filing as petition, AND
Juvenile is in physical custody of LE or DJJ
Can statements be taken from juveniles during the non-testimonial identification procedure?
No. Unless they have counsel present
If a juvenile has not been fingerprinted or photographed if the juvenile is adjudicated delinquent under G.S. 7B-2102(b), then photographing and fingerprinting occurs ____ adjudication.
After
A person who willfully violates any provision which prohibits the conducting of a non-testimonial procedure without a court order is guilty of a Class ___ misdemeanor.
1
Can a juvenile consent to a non-testimonial identification procedure?
No
Choose the correct answer in parenthesis
A court order (is) (is not) required for any non-testimonial identification procedures conducted on a juvenile.
Is
What are the three dispositional alternatives for delinquent juveniles?
Community
Intermediate
Commitment
Who is authorized to examine and obtain copies of law enforcement records and files concerning a juvenile without a court order?
Juvenile or juveniles attorney Juvenile's parent DA or prosecutor Court counselor LEO's sworn in state
