JUVENILE PROCEDURES Flashcards
Child:
A person 17 years of age or younger who has not been emancipated. Except for purposes of enforcing curfew violations, a person 16 years of age or under who has not been emancipated
Incorrigible/ Ungovernable:
A person, under the age of 18 who has not been emancipated, who acts in a manner that is beyond correction or reform
Children in Need of Assistance (CINA)
A child may be taken into custody:
In accordance with an order of the court
If an officer has reasonable grounds to
believe that the child is in immediate danger and that removal is necessary for that child’s protection
In accordance with §5-709, Family Law Article, regarding the temporary removal of a child from a home without court approval when an officer accompanies a representative from the County’s Department of Social Services (DSS) to a home and the representative believes that the child is in serious, immediate danger
Whenever an officer takes a child into custody in accordance with this section, the officer shall:
Immediately notify the child’s legal guardian
Immediately notify the DSS
Maintain custody of the child until the
DSS either takes custody of the child or
authorizes the child’s release
Return the child to the legal guardian if the
officer determines that it is safe to do so
Male and female juveniles detainees shall be separated by sight and sound. The period of time that a detainee may be held without direct, continuous supervision will not exceed how many hours
2
After taking a juvenile into custody, the arresting officer shall notify the juvenile’s legal guardian. If a legal guardian cannot be located, the officer shall make notification to the
Department of Juvenile Services (DJS).
Accused juvenile offenders shall not be held in secure custody longer then how many hours
6
Juveniles shall be charged as adults if any one of the following criteria is met:
14 years or older charged with any offense for which the maximum penalty is either death or life imprisonment
16 years or older charged with robbery with a deadly weapon, or attempt thereof
16 years or older charged with wearing, carrying, or transporting a handgun; or, unlawful use of a handgun in commission of a crime
veniles whose cases have been waived to adult court must be charged and taken before the commissioner within how many hours of the court granting the waiver
24
The Juvenile Processing Center Officers shall fingerprint juveniles charged with:
ny CDS Offense Any Felony Any Sex Offense Auto Theft or attempted Auto Theft Breaking and Entering Concealed Deadly Weapon or Handgun Violations Driving Under the Influence or Driving While Impaired Hit and Run Tampering Unauthorized Use of a Motor Vehicle (UUV)
Officers will process the juvenile and without delay: these are the people/ services that the officer will release to
Release the juvenile ( legal guardian or DJS if they can’t be found)
Deliver the juvenile to a court
Deliver the juvenile to a detention or
shelter care facility
what form must filled out by the legal guardian to get juvenile
Juvenile Recognizance Form.
When seeking detention of a juvenile, the Booking Record must contain sufficient probable cause for the arrest. The following statement will automatically print on the Booking Record:
“I do affirm under the penalty of perjury and upon personal knowledge that the contents of the attached complaint are true.”
Juveniles held for detention must meet one ofthe
following criteria:
Currently on probation for the offense charged
Non-Maryland resident 12 years of age or older charged with any offense Non-Maryland resident under 12 years of age charged with a felony
Legal guardian refuses custody or cannot be located
Reasonable belief that the juvenile will leave the court’s jurisdiction
If an officer charges a juvenile with a misdemeanor crime and a custodial arrest is not warranted, the officer shall:
Complete a Case Record, listing the offense and other pertinent information
Complete a Booking Record