Procedure 602-Juveniles

Question 1

.01 This procedure establishes departmental guidelines for handling juveniles in accordance with;

Answer 1

Title 3 of the Texas Family Code, effective January 1, 1996.

Question 2

.02A. The S.A.P.D. investigates all criminal activities alleged to have been committed by juveniles and, when applicable, presents;

Answer 2

completed investigations to the District Attorney’s Office for prosecution.

Question 3

.02B. The S.A.P.D. is also committed to the development and

Answer 3

perpetuation of programs designed to prevent and control juvenile delinquency.

Question 4

.02B. To accomplish this goal, all components and personnel of the Department shall share the responsibility for;

Answer 4

participating in or supporting the Department’s juvenile operations function.

Question 5

.04A. All officers, when dealing with juvenile offenders, shall use the;

Answer 5

least coercive remedies among reasonable alternatives.

Question 6

.04A. Remedies which should be considered, when dealing with juvenile offenders:

Answer 6

1. Outright release;
2. Issuance of citations or summonses; and
3. Referral to juvenile court.

Question 7

.04B. Juveniles may be arrested under any of the following circumstances or pursuant to:

Answer 7

1. Juvenile Court Order under the Family Code;
2. Laws of arrest in state or federal statute;
3. Conduct violating penal laws of TX or penal ordinances of any political subdivision.

Question 8

.04C. Juveniles may be taken into custody under the following circumstances:

Answer 8

1. Determine whether juvenile is alleged to have been harmed or in danger of being harmed;
2. As status offenders, as defined in Family Code,

Question 9

.04D. Juveniles are arrested and/or taken into custody in accordance with;

Answer 9

Procedure 601, Prisoners.

Question 10

.04E. Officers read SAPD Form #66-E, Rights Warnings, to juvenile offenders in custody;

Answer 10

prior to questioning. for which they are arrested and in accordance with the CCP

Question 11

.04F. A child under {10} years, taken into custody for a criminal offense cannot be detained for;

Answer 11

investigative purposes without permission from the child’s parent, custodian or guardian.

Question 12

.04F. If permission is not granted to detain a child under {10}, he is released to the custody of a parent, custodian or guardian, with a copy of the report;

Answer 12

sent to the Juvenile Processing Office and the appropriate follow-up unit.

Question 13

.04F. If a parent, custodian or guardian cannot be located, the child is;

Answer 13

returned to the Juvenile Processing Office.

Question 14

.04F. The officer shall prepare the appropriate reports, documenting how he determined the;

Answer 14

age and identity of the underage child or attempted to, and the actions taken in attempting to locate a parent, custodian or guardian

Question 15

.04F. Copies of the reports are routed to the;

Answer 15

appropriate follow-up unit.

Question 16

.04G. Juveniles arrested and/or taken into custody, if not field released are;

Answer 16

immediately returned to the Juvenile Processing Office for processing.

Question 17

.04G. A juvenile’s parent, custodian, or guardian is notified of the arrest;

Answer 17

as soon as the arresting officer is able.

Question 18

H. Juveniles booked into the Bexar County Jail by mistake are released immediately and referred to the Juvenile Processing Office if presented with;

Answer 18

1. A certificate of birth or a certified copy.
2. A baptismal certificate, with {2} sworn affidavits.
3. Juvenile’s age has been previously certified.

Question 19

I. Adults taken into custody for outstanding juvenile warrants are;

Answer 19

transported to the Bexar County Juvenile Detention Center.

Question 20

.05A. A field release from custody is made whenever possible, when the officer;

Answer 20

believes it would be in the best interest of the juvenile and the State of Texas.

Question 21

.05B. Officers conduct a warrant and missing persons check on all juveniles;

Answer 21

prior to a field release, and handle any active juvenile warrants or reported missing cases.

Question 22

.05C. Juveniles may be issued misdemeanor citations for Class C offenses, and the letter;

Answer 22

“J” signifying Juvenile is written in the upper right-hand corner of the citation.

Question 23

.05D. During school hours, juveniles who have been detained for curfew or Class C offenses, when field released are returned to;

Answer 23

their school, and a copy of the curfew violation is routed to the Juvenile Processing Office.

Question 24

.05D. If the juvenile has been expelled from school, the juvenile is released to;

Answer 24

a parent, custodian, or guardian.

Question 25

.05D. If the parent, custodian, or guardian can not be located, the juvenile is taken to;

Answer 25

the Juvenile Processing Office.

Question 26

.05E. Juveniles are released to other agencies under the following circumstances:

Answer 26

1. Care and protection of the child in custody;
2. Child asks for assistance, aid, help, or guidance in criminal or civil matters the agency can provide;
3. Another law enforcement agency has jurisdiction over the child, per Texas Family Code;
4. The BCJ Detention Center for processing through the Juvenile Court.

Question 27

.06A. Juveniles charged with traffic offenses are issued traffic citations, and released;

Answer 27

1. At the scene if safe to do so and they have a
   valid driver’s license in their possession;
2. To the custody of a parent, custodian, or
   guardian; or
3. Returned to the Juvenile Processing Office if
   unable to locate a parent, custodian, or guardian.

Question 28

.06B. The release of a juvenile, at the officer’s discretion, to the custody of a parent, custodian, guardian, adult relative, or;

Answer 28

other responsible adult is documented in a written report.

Question 29

.07A. Juveniles suspected of driving while intoxicated or under the influence are

Answer 29

handled in accordance with Procedure 507, Driving While Intoxicated Arrests.

Question 30

.07B. Juveniles detained for the offense of D.W.I. are transported to the Juvenile Processing Office after;

Answer 30

any chemical or associated tests have been administered.

Question 31

.07C. When juveniles operating motor vehicles are involved in accidents resulting in a death, the probability of a death, or S.B.I. and there is probable cause the accident occurred because a juvenile was intoxicated, what member is dispatched to the scene of the traffic accident?

Answer 31

member of the Homicide Unit or Night CID Unit.

Question 32

.07C. When juveniles operating motor vehicles are involved in accidents resulting in a death, the probability of a death, or S.B.I. and there is probable cause the accident occurred because a juvenile was intoxicated, the juvenile suspect is taken into custody for;

Answer 32

the offense of Intoxication Manslaughter, Intoxication Assault, or D.W.I.

Question 33

.07C. When juveniles operating motor vehicles are involved in accidents resulting in a death, the probability of a death, or S.B.I. and there is probable cause the accident occurred because a juvenile was intoxicated, the juvenile suspect, if not injured, is transported to the Juvenile Processing Office for processing;

Answer 33

after any chemical or associated tests have been administered, or the juvenile suspect, if injured, is transported to a medical facility.

Question 34

.07C. When juveniles operating motor vehicles are involved in accidents resulting in a death, the probability of a death, or S.B.I. and there is probable cause the accident occurred because a juvenile was intoxicated depending on the result of the investigation;

Answer 34

the member of the Homicide Unit or Night CID Unit will determine the charge, if any, to be filed against the juvenile.

Question 35

.11A. When a juvenile is in the company of an arrested adult, in order to return the juvenile to the custody of his parent,custodian, or guardian, or responsible adult at home, the;

Answer 35

arresting officer assesses the situation and uses his judgment and discretion as to the most expedient manner.

Question 36

.11A. Factors taken into consideration in order to return the juvenile to the custody of his parent,custodian, guardian, or responsible adult are;

Answer 36

age, mental or physical competence, time of day, distance from home, and availability of a responsible person.

Question 37

.11B. If proper arrangements cannot be accomplished at the scene, the officer transports children to the Children’s Shelter located at 2939 W. Woodlawn Avenue when they are;

Answer 37

{12} years of age or under, the Children’s Shelter will accommodate all children, provided there is room.

Question 38

.11B. Transports juveniles, to the Bridge, located at 3103 West Ave,when the juvenile’s age is;

Answer 38

{13} years or older, the Bridge accepts children in crisis and runaways.

Question 39

.11B. The Bridge will accommodate all children, provided there is room, however, the Bridge will;

Answer 39

scrutinize children who are suicidal, homicidal, and children who do not want to stay at the Bridge.

Question 40

.11B. If the above options have failed, contact;

Answer 40

The Juvenile Processing Office.