LD # 11 Juvenile Law

Question 0

The purpose of juvenile law is to

Answer 0

serve the best interests of the minor while providing protection and safety to the public.

Question 1

When are peace officers required to protect the rights of juveniles?

Answer 1

when that juvenile is remanded, cited, arrested, released, placed into temporary custody, or delivered to a probation officer.

Question 2

A peace officer’s role in the handling of juveniles is one of providing

Answer 2

protection, guidance, and rehabilitation.

Question 3

The duty of the parent to support and maintain a minor child continues,

Answer 3

even if the child is removed from the home and the custody of the parent. This is subject to the parent’s financial situation (Welfare and Institution Code 202(c)).

Question 4

What are dependants and what code section defines them?

Answer 4

Minors found to be:

(1) at the risk of physical, and or emotional abuse or neglect or
(2) in need of immediate medical care or shelter.

W&I 300

Question 5

What are status offenders and what code section defines them?

Answer 5

Minors found to be:

(1) habitually truant, or
(2) habitually refusing to obey reasonable order or rules of school authorities or parents.

W&I 601

Question 6

What is a ward and what code section defines them?

Answer 6

A participant in a criminal act.

W&I 602

Question 7

When must a juvenile be informed of their Miranda rights and under what section?

Answer 7

California statute (Welfare and Institutions Code Section 625) requires an officer to give Miranda warnings “in any case where a juvenile is taken into temporary custody.”

Question 8

Welfare and Institutions Code Section 625 requires that juveniles be advised of their legal rights when they have been taken into temporary custody without a warrant, if the minor:

Answer 8

(1) is habitually disobedient or truant,
(2) violated an order of the juvenile court,
(3) violated a law or ordinance, or
(4) escaped from a commitment ordered by the juvenile court.

Question 9

What is the timeframe for advising a juvenile of their Mirandavrights?

Answer 9

The decision when to admonish should be based on the safety of the officer and the minor as well as the investigation.

Question 10

When is a Miranda admonishment NOT required?

Answer 10

It is not required to advise juveniles of certain legal rights if they:

(1) have a history of being abused or neglected and are at immediate risk of physical or emotional harm, or sexual abuse,
(2) are at immediate risk because of their physical environment or lack of adequate supervision,
(3) are hospitalized and release of the minor to a parent or guardian poses an immediate danger to the juvenile’s health or safety,
(4) are found in a street or public place suffering from any sickness or injury requiring care or treatment, or
(5) are stopped for general questioning by an officer.

Question 11

The parents or guardian of a juvenile taken into temporary custody must be advised:

Answer 11

as soon as practical of the custody and where the minor is being held. (Welfare and Institutions Code Section 627(a))

Question 12

A peace officer has the authority to take into temporary custody, without a warrant, a minor who:

Answer 12

(1) has immediate need for medical care,
(2) is in immediate danger of physical or sexual abuse, or
(3) has been left unattended or is in a physical environment which may pose an immediate threat to the minor’s health and safety
(4) is in the hospital and release of the minor to a parent or guardian poses an immediate danger to the child’s health and safety, or
(5) is a dependent of the court under court order when a peace officer has reasonable cause to believe the minor has violated the order or left any placement ordered by the court
(6) comes within the jurisdiction of the court (W&I 601 or 602)
(7) is subject to compulsory, full-time or continuation education, and is absent without valid excuse within the county, city or city and county, or school district during school hours, and is found away from his or her home.
(8) if the child has suffered, or is at substantial risk of suffering, serious physical harm or illness due to a parent or guardian’s inability to provide appropriate supervision, protection, food, clothing, shelter, medical treatment or protect the child from the conduct of another person.
(9) if the child has suffered, or is at substantial risk of suffering, serious emotional damage due to the conduct of the parent or guardian, or due to the parent’s or guardian’s inability to provide appropriate care.

Question 13

True or false: A peace officer may, without a warrant, take a minor into temporary custody for a misdemeanor, even though the crime was not committed in the officer’s presence. (Welfare and Institutions Code Section 625)

Answer 13

True

Question 14

When determining which disposition to make, the officer shall select the alternative which is:

Answer 14

the least restrictive alternative for the juvenile while providing for the safety of the community and the juvenile.

Question 15

Options to the peace officer for the disposition of a juvenile case include:

Answer 15

(1) releasing the minor,
(2) releasing the minor to a parent or legal guardian,
(3) delivering the minor to a public or private agency including school, youth service or community center,
(4) preparing a promise to appear (citation) and giving one copy to the minor or responsible adult and the other copy to the probation officer, or
(5) delivering the minor to the juvenile probation department.

Question 16

For how long can be detained in a facility that also contains a lockup for adults?

Answer 16

No more than six hours.

Question 17

minors in each category be segregated from minors in other categories within a law enforcement facility:

Answer 17

minors held:

(1) solely on the grounds that they are dependent children or wards of the juvenile court (Welfare and Institutions Code Section 300),
(2) as status offenders (Welfare and Institutions Code Section 601), and
(3) as wards (Welfare and Institutions Code Section 602).

Question 18

A juvenile being detained for being under the influence of alcohol or drugs may be escorted by a peace officer into an adult facility for the purpose of administering a test. At no time can the juvenile be:

Answer 18

(1) out of the direct supervision of the officer while in the adult facility.
(2) held in excess of two hours while in an adult facility.
(3) permitted to come in contact with in-custody adults, or locked in a cell or room within the adult facility. (Welfare and Institutions Code Section 23612).

Question 19

A minor 14 years of age or older may be placed in secure detention only when:

Answer 19

a peace officer has a reasonable belief that the minor poses a serious security risk of harm to self or others.

Question 20

A minor must be informed of the following at the time he or she is securely detained:

Answer 20

(1) the allowance of two phone calls within one hour,
(2) purpose of the secure detention,
(3) length of time the secure detention is expected to last, and
(4) 6 hour maximum time limit.

Question 21

A minor may be secured to a stationary physical object outside a locked enclosure due to physical restraints or exigent circumstances. The following applies to such situations:

Answer 21

(1) A minor may not be secured to a stationary object for more than 60 minutes unless no other locked enclosure is available.
(2) Securing a minor for longer than 60 minutes, and every 30 minutes thereafter, shall be approved by a supervisor and the reasons clearly documented.
(3) A staff person must be present at all times to assure the minor’s safety while secured.

Question 22

A person contributes to the delinquency of a minor if he or she:

Answer 22

(1) commits an act or omits the performance of any duty which causes or encourages any person under the age of 18 to come within the provisions of Welfare and Institutions Code Sections 300, 601, or 602, or
(2) threatens, commands, persuades, or endeavors to induce any person under the age of 18 to fail or refuse to conform to a lawful order of the juvenile court.