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300 Series-Standard Operating Procedures > SOP 313 Juvenile Procedures- General > Flashcards

SOP 313 Juvenile Procedures- General Flashcards

1
Q

The _____ has jurisdiction over cases in which a child is alleged to have committed a violation of law, a felony traffic offense, or is dependent.

A

Circuit Court

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2
Q

__ and ____ Florida Statutes also known as the Florida Juvenile Justice Act and govern the handling and treatment of juveniles

A

Chapters 39 and 984,

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3
Q

The ______has jurisdiction over all traffic cases except those punishable as
felonies. A traffic citation will be utilized as the charging instrument in County Court
cases.

A

County Court

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4
Q

_____ is responsible for virtually all
state sponsored ______and ______programs.Included among those
responsibilities are: the planning, development, and coordination of a state-wide comprehensive youth services program for the prevention, control, and treatment of juvenile delinquency; the protection of dependent children, including the provision of emergency and long term living arrangements; and, providing services for the status offenders and their families.

A
  1. The Florida Department of Children and Families (DCF)
  2. Health
  3. Social
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5
Q

In view of the _______ responsibilities of (DCF), it is the intent of this department to
cooperate with DCF in an effort to accomplish the purposes of the Florida Juvenile Justice Act.

A

statutory

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6
Q

DCF maintains a records system, which includes the names of all children that have been referred to that agency from any source. Information is available to all officers by _____.

A

calling DCF Detention Screening.

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7
Q

A personal history record, which contains all entries for which a juvenile is finger printed and photographed, is maintained within the _______.

A

Forensic Investigations Unit.

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8
Q

Means any unmarried person under the age of __ alleged to be dependent, in need of services, or any married or unmarried person who is charged with a violation of law occurring prior to the time that person reached the age of __ years.

A
  1. Child

2. 18

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9
Q

Means a child who has been abandoned, abused, or neglected by his or her parents or other custodians; is suffering from illness or injury, or is in immediate danger from his or her surroundings and that his or her removal is
necessary to protect the child.

A

Dependent Child

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10
Q

A child or the family of a child for whom: there is no pending departmental investigation in an allegation or suspicion of abuse, neglect, or abandonment; no pending referral alleging the child is delinquent; and no current supervision by the State for an adjudication of dependency or delinquency is

A

Child in Need of Services (CINS)/Family in Need of Services (FINS):

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11
Q

In order for a child to be labeled as a child in need of services, the court must find that the child:

A
  1. Persistently runs away
  2. Is a habitual truant
  3. Persistently disobeys parents/legal guardians
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12
Q

Means harm or threatened harm to a child’s physical or mental health or welfare by acts or omissions of the parents or other person
responsible for the child’s welfare.

A

Child Abuse or Neglect

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13
Q

_____ Occurs when a parent or other legal custodian deprives a child of, or allows a child to be deprived of, necessary food, clothing, shelter, or medical treatment, or allows a child to live in an environment when such deprivation or environment causes the child’s physical, mental, or emotional health to be
significantly impaired or to be in danger of being significantly impaired.

A

Neglect

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14
Q

______ Means a situation in which a parent who, while being financially able, makes no provisions for the child’s support and makes no effort to communicate with the child for a period of time sufficient to indicate a willful
rejection of parental obligations.

A

Abandoned

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15
Q

Means that status of a child immediately when temporary physical control over the child is attained by a person authorized by law, pending the child’s release, detention, placement, or other disposition as authorized by law.

A

Taken into Custody

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16
Q

_____is a program which is designed for children who commit ______and certain _____to be dealt with in a speedy and informal manner at the community or neighborhood level.

A
  1. Juvenile Arbitration Program
  2. misdemeanors
  3. certain third degree felony offenses
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17
Q

Detention Screening is a service provided by the ______ for the processing of juveniles taken into custody for a delinquent act that meets the detention criteria established in F.S. §39.044. Detention Screening is staffed by the ____________.

A
  1. Juvenile Assessment Center (JAC)

2. Hillsborough County Sheriff’s Office

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18
Q

_______is a service provided by DCF for the
processing of dependency cases where it is believed that a child has been abandoned, abused, or neglected, is suffering from illness or injury or is in immediate danger from his surroundings. This unit provides emergency shelter to children except for _____. When emergency shelter is required, the investigating officer must first contact the __________to determine proper placement of the child.

A
  1. and 3 Child Protection Investigative Unit

2. runaways

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19
Q

Officers are encouraged to use ______ and ________ as alternatives to avoid placing juveniles into the traditional juvenile justice system in the event that it is possible to _____ delinquent behavior through parental control or participation in community-based alternatives.

A
  1. discretion
  2. diversionary programs
  3. modify
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20
Q

The following factors should always be considered when evaluating whether to exercise discretionary or diversionary options:

A

a. Age of child;
b. Whether the child has had previous contact with the juvenile justice system
c. Nature and severity of charges
d. Degree of parental control and ability to supervise
e. The probability the child will make an appearance in court to answer charges.

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21
Q

Generally, children under ____ years of age will not be arrested and processed for
any criminal act. Should a situation arise wherein the investigating officer feels an exception should be made, he or she shall, through the chain of command, consult with the _____. The _____ shall consider the totality of the circumstances and make the decision as to whether or not an arrest will be
made.

A
  1. eight

2/3. shift or bureau commander

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22
Q

Juvenile records shall not be open for public disclosure and/or inspection. Records will be made available to:

A
  1. Other law enforcement agencies
  2. DCF,
  3. The State Attorney’s Office
  4. The courts
  5. The child
  6. The parents or legal guardian of the child 7. The child’s attorney, or other persons authorized by court order.
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23
Q

All ______ shall be open to ______ and publication in the same manner as adult traffic violations

A
  1. juvenile traffic records

2. inspection

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24
Q

Refer to the ____ policy for additional information on release of information relative to juveniles.

A

Media Relations

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25
Q

In cages that involve juvenile a report will be generated when:

A

a. A child is alleged to have committed a violation of law, regardless of the disposition of the case.
b. A child is alleged to be the victim of child abuse or neglect.
c. A child is taken into custody for another jurisdiction.
d. A child is alleged to be dependent.

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26
Q

Involving juvenile a report will not be generated if the only complaint is _____or _____

A

Truancy or Lack of Control

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27
Q

Incidents of truancy will be referred directly to the _______.

A

School Principal or Dean.

28
Q

Complaints received from parents that

their child is a persistent truant will be referred directly to _______.

A

DCF.

29
Q

Officers are afforded the use of discretion with respect to charging suspects, whether juvenile or adult, whenever they are conducting criminal investigations and may make an _______, many times in concert with _________, concerning the need to physically arrest suspects and file formal charges.

A
  1. elective decision

2. the complainant and/or victim

30
Q

This department will investigate reports of _____ from the ________ or any detention facility located within the city limits, operated by HCSO and/or DCF.

A
  1. escape

2 Hillsborough Regional Detention Center

31
Q

Escape from any secure detention
facility or a restrictiveness level of_____by a child held for delinquent acts or violations of law is a ______ under F.S.S. 39.061

A
  1. VI or above

2. third degree felony

32
Q

Any child who escapes while temporarily away from such a facility, e.g., court, psychological evaluation, or medical treatment will be considered to have ______.

A

escaped from the facility

33
Q

Dependent children who leave detention will not be charged with a crime but will be treated as ________.

A

runaways.

34
Q

The department will accept reports on missing or runaway children from _______ and ______

A

DCF emergency shelters and foster homes.

35
Q

Children who are placed in DCF. Emergency Shelters and Foster Homes even though placement is by court order, are _______ and are not on any level of detention status.

A

dependent

36
Q

Child and Family Counseling and Residential Program is not a DCF facility and is operated as a program of the ______

A

Hillsborough County Department of Children’s Services.

37
Q

This department will accept runaway

reports from _____, _____,or ______provided the child or either parent is a resident of the City of Tampa.

A
  1. parents
  2. legal guardians, or
  3. DCF caseworkers of children who runaway from the Child and Family Counseling and Residential Program
38
Q

Reports will not be accepted from the ______

A

Department of Children’s Services

childcare workers.

39
Q

In a case of out-of-city runaways who leave Child and Family, the ______will be advised
to contact the child’s parents or legal guardians who in turn should report
the child runaway to their local law enforcement agency

A

Department of Children’s Services personnel

40
Q

When a child is who is confined to a hospital, who can make a police report?

A
  1. Parents
  2. Legal Guardians
  3. DCF caseworker
41
Q

When a child is confined to a hospital, a report will not be accepted from ______

A

hospital personnel.

42
Q

Nothing contained herein should be construed to mean that this department will not make every reasonable effort to locate missing
children. Rather, it is merely intended to outline the proper method of entering the missing status of a child into the law enforcement system. Officers will assist a person reporting a missing child in any way _____ to see that the person is successful in getting the report properly filed.

A

practical

43
Q

As a matter of routine, when a member of the Tampa Police Department takes a juvenile into custody for a violation of the law and an interrogation occurs, the investigating officer will make a __________________to confer
with the juvenile’s parent or legal guardian as soon as practical.

A
  1. reasonable effort
44
Q

______ will be given to any child suspected of committing a violation of law.

A
  1. Miranda warnings
45
Q

While it would be ____ to have a parent present during interrogation of a juvenile, appellate courts have held that
admissibility of statements made by juveniles during interrogation depends upon whether:

A
  1. ideal
  2. A Miranda warning was properly given
  3. The child understood the warning
  4. He or she waived his or her rights and made the statement freely, voluntarily, knowingly, and intelligently
46
Q

Generally, there will be no more than two ______ present during the interrogation of a juvenile who is _____of a violation of the law.

A
  1. police officers

2. accused

47
Q

A _______ may authorize additional officers to sit in on an interrogation of a juvenile, but the number of interrogators will be limited to _____.

A
  1. Supervisor

2. Two investigators

48
Q

Like adults, juveniles must be given the full Miranda Warning and requested to sign the waiver statement if rights are waived. Because the state will have the burden of proving the waiver was knowingly and
voluntarily made, special efforts should be made, ________ to explain the rights to the juvenile in custody.

A

Preferably on Tape

49
Q

Custodial interrogations of juveniles will not be conducted by detectives at the suspect’s school without approval of the _________

A

principal, assistant principal, or his designee.

50
Q

A juvenile will be referred to the Clerk of the Circuit Court by means of a__________
where there is sufficient probable cause to
support a ______and the officer cannot effect an arrest under Chapter 901.

A
  1. Misdemeanor Complaint

2. Misdemeanor law violation

51
Q

If the parents are notified of the referral and there is no latent investigation required, the case should be _________ by the originating division.

A

exceptionally cleared

52
Q

If the parents cannot be notified, or latent investigation is required, the case should be referred to __________

A

Criminal Investigations Division

53
Q

Officers taking juveniles into custody for committing a violation of law will call the ________in order to determine the child’s present status as either a juvenile or an adult.

A

Detention Screening office

54
Q

If the Detention Screening office is in possession of a copy of the record
that reflects the child has been previously convicted and sentenced as an
adult, the officer will:

A
  1. Obtain a copy of the record
  2. Attach it the copy to the CRA
  3. Book the child into Central Booking
55
Q

When a parent or legal custodian or ______is unavailable the Delinquency Case manager at Detention Screening will be contacted.
will determine proper placement for the child.

A
  1. Other responsible adult

2. Detention Screening

56
Q

A parent cannot legally refuse to take custody of a child. If they do so, they should be charged with child neglect by the officer, under F.S. S. 827.05 _______

A

Negligent Treatment of Children

57
Q

Dependent children that have been taken into custody as the result of having been abandoned, abused, or neglected, or because they are suffering from illness or injury, or because they are in immediate danger
from their surroundings, may be released:

A
  1. To the Child Protective Investigation Unit

2. Emergency shelter

58
Q

When ever a child placed into custody any inquiries as to the location of the child shall be referred to ________

A

Detention Screening.

59
Q

Runaways that have taken into custody may be released:

A
  1. To parents
  2. Legal guardians
  3. Responsible adult relatives
  4. Any responsible adult known to the family.
60
Q

Runaways that have taken into custody may be released to parents, legal guardians, responsible adult relatives, or any responsible adult known to the family. If not available, the officer should call the ___________.

A

Children and Family Counseling and Residential Program

61
Q

If the youth is already under the custody of DCF, the youth will be returned to the ______, or the _______ (such as the Children’s Home or Lake Magdalene Shelter).

A
  1. responsible counselor

2. licensed foster or shelter facility

62
Q

If the officer cannot transport to the facility
and if the youth’s caregiver cannot pick up the youth, the officer will deliver the youth to _____ during normal business hours. After hours and on weekends, notify the ________. The case manager will dispatch the ______ to take custody of the youth

A
  1. the Placement Unit
  2. case manager at Detention Screening
  3. DCF on-call investigator
63
Q

Juveniles arrested for a felony traffic offense may be released by charging the child using a _______.

A

criminal report affidavit

64
Q

Booking procedures for juveniles with an active warrant for violation of probation for traffic charges are as follows:

A

a. A CRA (Criminal Report Affidavit) will be completed;
b. DCF will be contacted as well as the juvenile’s parents;
c. The juvenile will be transported to Central Booking;
d. A report number will be obtained since the affidavit will serve as the report. However, if the officer determines there is a need for
an Incident Report to be originated, it will be entitled Assist Other Agency.

65
Q

Interview and/or Arrest Within a School: When conducting an investigation within a school, or if it becomes necessary to interview or arrest a student at a school, the investigating officer shall always notify _____ , _____ , or __________. In schools where Resource Officers are assigned, the investigating officer will make an effort to contact the Resource
Officer and coordinate the investigation through the ______.

A
  1. School Principal, Dean, or any appropriate person in charge
  2. SRO

300 Series-Standard Operating Procedures (58 decks)

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