JUVENILE PROCEDURES Flashcards

1
Q

Child:

A

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

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2
Q

Incorrigible/ Ungovernable:

A

A person, under the age of 18 who has not been emancipated, who acts in a manner that is beyond correction or reform

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3
Q

Children in Need of Assistance (CINA)

A child may be taken into custody:

A

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

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4
Q

Whenever an officer takes a child into custody in accordance with this section, the officer shall:

A

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

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5
Q

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

A

2

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6
Q

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

A

Department of Juvenile Services (DJS).

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7
Q

Accused juvenile offenders shall not be held in secure custody longer then how many hours

A

6

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8
Q

Juveniles shall be charged as adults if any one of the following criteria is met:

A

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

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9
Q

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

A

24

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10
Q

The Juvenile Processing Center Officers shall fingerprint juveniles charged with:

A
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)
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11
Q

Officers will process the juvenile and without delay: these are the people/ services that the officer will release to

A

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

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12
Q

what form must filled out by the legal guardian to get juvenile

A

Juvenile Recognizance Form.

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13
Q

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:

A

“I do affirm under the penalty of perjury and upon personal knowledge that the contents of the attached complaint are true.”

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14
Q

Juveniles held for detention must meet one ofthe

following criteria:

A

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

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15
Q

If an officer charges a juvenile with a misdemeanor crime and a custodial arrest is not warranted, the officer shall:

A

Complete a Case Record, listing the offense and other pertinent information
 Complete a Booking Record

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16
Q

Juveniles may be taken into custody without formal charges for any violation of the law specifically applicable to children.
Non-offenses are:

A

 Child in Need of Supervision (CINS)

 Child in Need of Assistance (CINA)

17
Q

Juveniles may be taken into custody without formal charges for any violation of the law specifically applicable to children. Status offenses are:

A
 Curfew violations
 Runaways
 Truancy
 Underage possession and/or consumption
of tobacco products
 Underage alcohol offenses
 Incorrigible/ungovernable
18
Q

It is unlawful for any juvenile to be or remain in or upon a public place in the County:

A

Between the hours of 2200-0500 hours Sunday through Thursday

 Between the hours of 2400-0500 on Friday and Saturday nights

19
Q

Exceptions to curfew law

A

Legally employed
 Accompanied by a legal guardian or
another adult who is authorized by the
legal guardian to supervise the juvenile
 On an errand as directed by a legal
guardian until 0030 hours
 Returning home by a direct route within
one (1) hour of the end of a school or religious activity, or a place of public entertainment such as a movie or sporting event
 Exercising their First Amendment rights and a letter, signed by the juvenile and a legal guardian, has been received by the appropriate District Commander’s designee, which includes the legal guardian’s home address and telephone number, and the specific place, time, and purpose the juvenile will be in a public place during curfew hours
 Married or has been married
 Engaged in normal interstate travel with
legal guardian consent
 On the property where the juvenile resides

20
Q

When a legal guardian responds to retrieve the juvenile, the custody officer shall issue the DC Form #28, and give the guardian the goldenrod copy. Fines are assessed as follows

A

 First offense, $50.00
 Second offense, $100.00
 Third and subsequent offenses, $250.00

21
Q

Business owners shall be cited on a DC Form #28. The schedule of fines is as follows: for curfew of juveniles

A

 First offense, $100.00
 Second offense, $250.00
 Third and subsequent offenses, $500.00

22
Q

The officer shall ensure that the juvenile’s guardian is notified and instructed to pick up the juvenile within how many hour.

A

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