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HomeMy WebLinkAboutJUVENILE DEPENDANT 15.4 TEQUESTA POLICE DEPARTMENT GENERAL ORDER TITLE: DEPENDENT JUVENILE PROCEDURES GENERAL ORDER: 15.4 EFFECTIVE: October 1, 1998 RESCINDS: NEW ACCREDITATION STANDARDS: CFA 19.02, 19.03 PAGES: 5 CONTENTS: This order consists of the following numbered sections: I. TAKING A DEPENDENT INTO CUSTODY II. DEPENDENCY “ORDER TO TAKE INTO CUSTODY” III. RUNAWAY CHILD IV. RUNAWAY CHILD WITH A PHYSICAL OR MENTAL DISABILITY V. TRUANCY VI. GLOSSARY PURPOSE: To establish guidelines and procedures for processing dependent juveniles in compliance with F.S. Chapter 39. SCOPE: This order applies to all Police Department members. POLICY: In compliance with F.S. 39, police officers will identify, locate, recover, and assist dependent juveniles, and make every reasonable attempt to notify the juvenile’s parents of any dependency incident in which the child is involved. \[CFA 19.03 B\] PROCEDURE: I. TAKING A DEPENDENT INTO CUSTODY: Officers will protect the constitutional rights of any child taken into custody. Under the provision of F.S. 39.401, a juvenile may be taken into custody only under the following conditions: \[CFA 19.03 A\] A. Pursuant to an order of the circuit court issued under the provisions of F.S. 39.401. B. By a law enforcement officer, or an authorized agent of HRS, who has probable cause to support a finding of reasonable grounds for removal and that removal is necessary to protect the child. Reasonable grounds for removal are as follows: 1. The child has been abused, neglected, or abandoned; or is suffering from, or is in imminent danger of illness or injury because of abuse, neglect, or abandonment. \[CFA 19.02 B\] 2. The custodian of the child has materially violated a condition of placement imposed by the court. G. O. 15.4 3. The child has no parent, legal custodian, or responsible adult relative immediately known and available to provide supervision and care. C. For the purpose of delivering the juvenile to the school system when the officer has reasonable grounds to believe that the juvenile is absent from school without authorization. For this order, the term “school system” will include, but is not limited to, a counseling center approved by the superintendent of schools. \[CFA 19.02 A\] D. When the officer has reasonable grounds to believe that the juvenile has run away from their parents, guardian, or other legal custodian. \[CFA 19.02 A\] II. DEPENDENCY “ORDER TO TAKE INTO CUSTODY”: A juvenile may be taken into custody under a dependency Order to Take Into Custody, at any time until the juvenile’s eighteenth birthday. A. Receipt of Order: Upon receipt of a dependency “Order to Take Into Custody” for the juvenile’s own welfare, the assigned detective is responsible for the following:. 1. To confirm that the juvenile’s name is entered into the in-house computer and the FCIC/NCIC computer, if indicated in the order. (Entries will be made under the FCIC missing person format with a notation in the remarks section that an active pickup order exists.) B. Execution of Order: When an order is executed, the juvenile will not be processed through the jail, nor will a complaint affidavit be completed. 1. During normal business hours, the juvenile should be delivered to the facility named in the court order, and attempts made to notify the parents of the juvenile’s location and situation. 2. After business hours, or if contact with the receiving facility cannot be made, the officer taking the juvenile into custody will have a Communications Division operator contact Safe Harbor or HRS for instructions as to whom the juvenile should be released. 3. Upon serving the order, the officer must originate an incident report titled “Dependency Take Into Custody Order,” in addition to any missing person supplement or other report. The officer will cause a Communications Division operator to remove the juvenile’s name from the computer, and document the operator’s number in the report. C. Cancellation of Entries: Upon notification that a custody order has been served or canceled by HRS, the assigned detective will insure that the juvenile’s name is removed from the computer system. III. RUNAWAY CHILD: In conformance with F.S. 937.021, there will be no waiting period in the investigation or documentation of any runaway or missing child incident. The investigating officer will accomplish the following when investigating a runaway child incident: \[CFA 19.02 A\] A. The following information will be acquired by the investigating officer and documented in the offense/Incident Report: 1. A probable destination, mode of transportation, and amount of money carried. 2. Description of physical appearance, clothing, jewelry worn, and luggage carried, if any. 3. Assessment of physical and mental condition. 4. Personal habits, such as smoking, drugs, games, etc. 5. Prior runaway incidents, including where and with whom located. 2 G. O. 15.4 6. School attended, and names, addresses and phone numbers of friends and associates. B. Photograph: A recent photograph, if available, will be marked with the case number on the back, and forwarded by the investigating officer to the detective division with a copy of the incident report. If it is known that a photograph is already on file with the detective division the officer will so note. C. Computer Entries: Upon initiating a runaway child investigation, the investigating officer must cause a Communications Division operator to issue a BOLO for the missing juvenile, and to enter the juvenile’s name into the FCIC/NCIC computer system. The operator’s number will be included in the incident report. Upon locating a child, the recovering officer will cause a Communications Division operator to remove the juvenile’s name from the computer, and document the operator’s number on a supplemental report. D. Follow-up Investigation: If a runaway juvenile is not located by the end of the investigating officer’s shift, the incident report will be referred to the detective division. 1. The assigned detective will be responsible for the latent and follow-up investigation. The case will remain in a pending status until the child has been located. 2. If the child is not located within 30 days of the initial report, the assigned detective will thoroughly review the case file, conduct follow-up interviews of key witnesses, and request the written consent of the parent or guardian to obtain the child’s dental records for entry into the FCIC/NCIC systems. The assigned detective is responsible for informing his or her supervisor of the status of the investigation. 3. The assigned detective is responsible for contacting the child’s family or the complainant every 30 days, and documenting the contact in a supplement report. E. Recovery: When a runaway child is located, the recovering officer will conduct a “pat down” search before placing the child in a patrol vehicle. 1. The officer will cause a Communications Division operator to remove the juvenile’s name from the FCIC/NCIC computer, and document the recovery and the operator’s number in a supplemental report. 2. The officer will make a reasonable attempt to inform the parents or guardian that the child has been recovered. The child may be released to a parent, guardian, legal custodian, responsible adult or relative. a. The following steps must be taken to establish that an adult relative (other than a parent) may be considered “responsible,” for the purposes of this order: 1) The adult must be personally contacted and positively identified. 2) A probation/community control check will be conducted. (The child will not be released to an adult relative who, other than a parent, is on probation.) 3) A criminal history check will be conducted to determine any arrest record and/or felony conviction. The child will not be released if the person has a prior felony conviction, or a conviction for child abuse, drug trafficking, or prostitution. If the officer has any doubt as to the person’s status, a supervisor should be consulted. 4) The adult must not be under the influence of alcohol or drugs. 5) The adult’s name and the location where the child is taken must be documented in the supplement report. IV. RUNAWAY CHILD WITH A PHYSICAL OR MENTAL DISABILITY: If it is determined that the runaway child has a physical or mental disability, despite the child’s age, the investigating officer will conduct a “Missing Child” investigation. (Refer to the general order on Juvenile Victim Investigations). 3 G. O. 15.4 V. TRUANCY: Because truancy is a strong indicator of future criminal activity and a precursor to failure in school, agency members will make every effort to involve parents from the onset, even if it is inconvenient to the parents. A. School Check: An officer who encounters a juvenile believed to be truant will conduct a wanted/warrants check, and contact the juvenile’s school to verify enrollment and confirm truancy. B. Processing: If the juvenile is confirmed to be truant and a detective is available, the officer will transport the truant to the detective’s office, without delay, for processing under the Truancy Interdiction Program (TRIP). \[CFA 19.03 D\] 1. Utilizing information provided by the officer, the detective will complete a Field Interview Report (FIR) on the juvenile, conduct a debriefing, and complete the required paperwork. 2. The detective will deliver attempt to have a parent or guardian pick up the truant at the detective’s office. If contact is not possible, the truant will be delivered to either school officials of the school attended or to the north county TRIP Center. C. If the officer cannot contact an on duty detective, the officer will complete a FIR and deliver the child to either the school officials of the school attended or the north county TRIP Center without delay. \[CFA 19.03 D\] 1. The officer will make every reasonable effort to notify the parents of the location and status of the truant. \[CFA 19.03 B\] VI. GLOSSARY: ABUSE - Means any willful act that results in any physical, mental, or sexual injury that causes or is likely to cause the child’s physical, mental, or emotional health to be significantly impaired. DEPENDENCY ORDER TO TAKE INTO CUSTODY - An order, signed by a judge of the circuit court, to take into custody a child who has been abandoned, abused, neglected, habitually a truant or a runaway, or is beyond the control of parents or guardians, or, if the child was placed with a licensed child care agency and the parents fail substantially to comply with the performance agreement. GUARDIAN - A person who is legally placed in charge of the affairs of a juvenile, or who is responsible for the protection and care of a juvenile. JUVENILE - A person who has not reached his or her eighteenth birthday. MISSING CHILD - The absence of a child, for unknown reasons, from the custody of a parent, guardian, or other permitted custodian. All children less than thirteen years of age will be considered missing unless the child has an extensive history of running away. NEGLECT - F.S. 39.01 (47) “Neglect” occurs when the parent or legal custodian of a child or, in the absence of a parent or legal custodian, the person primarily responsible for the child’s welfare deprives a child of, or allows a child to be deprived of, necessary food, clothing, shelter, or medical treatment, or permits 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. . . . PARENT - The natural mother or father of a juvenile. If the juvenile has been legally adopted, the term “parent” applies to the adoptive mother and father. RUNAWAY - Any unmarried person under the age of 18, who removes himself or herself from the custody and control of parents, a guardian, or other legal custodian, without consent. 4 G. O. 15.4 TRIP - Truancy Interdiction Program, a cooperative effort between the school district and Palm Beach County aimed at reducing truancy. TRUANT - A child aged six or older, who is enrolled in and should be attending classes at a school, who is absent from school without consent or permission. INDEXING: CHILD PROCEDURES CUSTODY OF JUVENILES DEPENDENT JUVENILES JUVENILE CUSTODY PROCEDURES ORDER TO TAKE INTO CUSTODY - (DEPENDENCY) RUNAWAY CHILD TRIP PROGRAM TRUANTS DRAFTED: RLG/March 10, 1998/Filed: Juvdep15.4 APPROVED: Pete Pitocchelli, Chief DATE: November 05, 2011 Tequesta, Florida 5