Juvenile Justice Guidelines and Recommended Practices Missouri Law Enforcement - PowerPoint Presentation

Juvenile Justice Guidelines and Recommended Practices Missouri Law Enforcement

Learning Objectives Discuss the Juvenile Court System and the basic philosophical tenets that guide the courts. List the critical definitions in the Juvenile Court Process. Identify the roles and responsibilities of the various entities and stakeholders in the Juvenile Court process.

Learning Objectives Define the basic legal and jurisdictional issues in the Juvenile Court system. Define custody requirements and limitations for law enforcement dealing with juvenile suspects and offenders. Define basic requirements regarding investigations of child abuse and neglect.

Learning Objectives Identify basic requirements for investigations of delinquent acts and juvenile misconduct. Define best practices in managing juvenile investigations, interrogations and report writing. Demonstrate a working knowledge of disproportionate minority contact within the juvenile justice system.

History Historical PerspectiveMary Ellen WilsonIn re Gault

Ballad of Jerry Gault https://youtu.be/2emkmPc1dtQ

Juvenile Division Statutory obligation Section 211.011 RSMo Facilitate care, protection and discipline Best interest of the child Secure equivalent care to that of which they would receive from a parent

Guiding Principles for Case Management Activities

Rehabilitative Approach Developing person No particular set of values/pattern of behavior Amenable to treatment Able to change

Juvenile vs. Adult Systems

Differences Philosophy Terminology Procedural

Terminology Juvenile Justice system Adult system Criminal Act Arresting Jail Information, Indictment, Complaint Trial Conviction Sentence Probation Prison Sentence Prosecutor Probation Officers Delinquency Taking a juvenile into custody Detention Petition Hearing Adjudication Disposition Supervision Commitment to Division of Youth Services Counsel for Juvenile Officer Deputy Juvenile Officers

Commonalities Offender accountability Serve the public Community Safety Due process protections

The Importance of Law Enforcement Law Enforcement serves as the “doorway” to the juvenile system for a young person alleged to have committed an act of juvenile misbehavior or delinquent conduct.

Delinquent Offenses Recommended Practice and Procedure

Definition “Juvenile Delinquency ” Commission of act(s) by a minor child that would be a Crime(s) if committed by an adult See BLACK’S LAW DICTIONARY 385 (5 TH ED. 1989)

Statute Involving any child who is alleged to have violated a state law or municipal ordinance , or any person who is alleged to have violated a state law or municipal ordinance prior to attaining the age of seventeen years, in which the child or person resides or may be found (within ___ County) or in which the violation is alleged to have occurred (within ___ County ) Missouri Juvenile Code: Section 211.031.1(3) RSMo .

Authority 1. AGE Birth to seventeen years of age (not including seventeen years of age) OR Act was committed by the person prior the age of seventeen years. Sections 211.031.1(3) and 211.041 RSMo . Exclusive Jurisdiction of the Juvenile Court:

Authority 1. Age; AND #2 Presence of Child/Act RESIDES WITHIN COUNTY – child takes on the residency of the parent; if divorced then parent with actual physical custody Section 211.031.1(3) RSMo .; In the Interest of R.P., 966 S.W. 2d 292 (W.D. Mo.Ct.App . 1998); OR FOUND WITHIN COUNTY – actual physical presence See Section 211.031.1(3) RSMo .; In re Jackson, 592 S.W.2d 320 (S.D. Mo.Ct.App . 1979).; OR OFFENSE COMMITTED WITHIN COUNTY See Sections 211.031.1(3) RSMo .; AND Exclusive Jurisdiction of the Juvenile Court:

Authority 1. Age; AND 2. Presence of Child/Act; AND #3 Probable Cause – to believe that the juvenile committed a delinquent act Probable Cause exists where the facts and circumstances would warrant a person of reasonable caution to believe an offense was committed or is being committed. See Black’s Law Dictionary (6th ed. 1990) Exclusive Jurisdiction of the Juvenile Court:

Exceptions to the Exclusive Jurisdiction of the Juvenile Court Traffic Offenses August 2012 –15 years of age, non-felonyMunicipal Curfew Violations Tobacco Possession or Use

Who has jurisdiction…Columbia Police Department (Boone County) investigates a rash of burglaries in Columbia. 15-year old Ken Smith whose parents reside in Camdenton (Camden County) is taken into custody in Cole county and admits his involvement in the Columbia burglariesWhich county has jurisdiction? Why?

Driving While Under the Influence Miranda warning requirements does not apply to DWI or other non-felony traffic offenses, because the juvenile is not subject to the Juvenile Court jurisdiction. However, failure to give a Miranda warning may impair authorities’ ability to use the juvenile’s statement.

Areas of Responsibility

Juvenile Division Liasion to Court Advise of Rights Authorize Detention/ Protective Custody Case Management

Law Enforcement Evidence Investigation Authorize Protective Custody Reports

Investigations Law Enforcement serves as primary investigator of any criminal conduct or delinquent behavior by a juvenile.

Burden of Proof JUVENILE OFFICER MUST PROVE EACH ELEMENT OF OFFENSE BEYOND A REASONABLE DOUBT AN INVESTIGATION OF SAME LEVEL OF SUFFICIENCY AS IN ADULT COURT IS NEEDED In re Winship , 397 U.S. 358 (1970); In re V.F.S., 172 S.W.3d 887( Mo.App.S.D . 2005).

Juvenile Officer Performance Standard-Initial Referral Review Standard 2.2(E) says….“The juvenile officer shall require referrals relating to allegations of a delinquent act to include an investigation by law enforcement.” Standard 2.2(D) says… “The juvenile officer shall make a written request of the referring party for additional investigation or information necessary to determine sufficiency of the allegation in the referral…”

Juvenile Officer Performance Standard 2.2-Initial Referral Review Standard 2.2 (G) says…“The juvenile officer shall provide, in writing, to the referring party or person the reason the referral is not sufficient to establish or warrant action by the juvenile officer”

Custody – Delinquent Offenses CUSTODY POWERS 1. O rder of the court; AND 2. Laws of arrest applicable to adults A.K.A. - Probable Cause Rule 127.01

Custody – Delinquent Offenses The order by the court to take a juvenile in to custody may be in the form of:Summons; Capias; Pick-up order; Juvenile warrant; or Other written order by the court Section 211.101.3 RSMo.; Section 211.121 RSMo.

Custody Status The taking of a juvenile into judicial custody IS NOT an arrest. Rule 127.01(b) and Section 211.131(2).

Use of Force All necessary means, including reasonable force , in the process of taking a juvenile into custody. Walsh v. Oehlert, 508 S.W. 2d 222 (Mo. App. E.D. 1974

Jurisdiction Jurisdiction of the court attaches : When the juvenile is taken into “judicial custody”. Rule 127.01 and Section 211.131(3).

JurisdictionWhat is Judicial Custody? HandcuffsIn patrol carSide of the roadPrincipal’s office Law Enforcement Station

Jurisdiction Taking of Physical Custody Retention of Physical Custody Rule 110.04(10) "Judicial Custody"

Recommended Procedure Initial Contact

Obtain Identifying Information Required information includes: Full name Social security number Date of birth Address Telephone number Physical description Name of the parents and/or legal custodian Address of the parents and/or legal custodian Section 211.411 RSMo .

Notification of Juvenile Division Immediately notify the Juvenile Division that the juvenile was taken into custody. See Rule 127.02.

Notification of Custodian Make reasonable efforts to notify the juvenile’s custodian. “Reasonable efforts” - efforts an ordinarily careful, prudent, and diligent person would make under the same or similar circumstances. See Rule 127.02 and Section 211.131.2 RSMo.

Statutory Presumption – Release of Juvenile Juvenile Officer to Release to Custodian UNLESS Substantive Reasons exist to Detain See Rule 127.02, 127.07, and Section 211.141.1 RSMo.

When Detention is Not Appropriate Corrective or punitive measures (felony mouth)Behaviors associated with mental illness Solely for investigative purposes

When Detention May Be Appropriate Bodily injuryWeapons Sexual offenses Flight risk No appropriate custodian (limited situations)

Juvenile Detention Assessment (JDTA) Form Court Operating Rule 28 -Effective January 1, 2012, all Juvenile Officers and Detention Intake Staff shall use the JDTA in determining whether to place juveniles in secure detention.

Purpose of Detention When juvenile presents a risk to public safety May fail to appear in court for their hearing

Continued Custody/Detention If detention authorized by Juvenile Officer... Juvenile should be transported to the authorized juvenile detention facility for your jurisdiction.

Places of Detention STOP A juvenile can not be held in a jail or other adult detention facility. Rule 127.03 and Section 211.151 RSMo.

Authority of Juvenile Officer Detention or Conditional Release Up to 24 Hours Rule 127.01, 127.04, 127.06, 127.07 and Section 211.141 RSMo .

Required Documentation - Detention If detained.... Law enforcement MUST complete a Probable Cause Statement, as soon as possible or within 12 hours. See Rule 127.02

Required Documentation - Detention PROBABLE CAUSE STATEMENTEvidentiary and legal basis to support detention Court Order Same as adult system

Physical Condition of Juvenile Prior to the juvenile being detained…. Reason to believe the juvenile is under the influence Injury Medical exam Law Enforcement Responsibility

Custody Regulations

Juveniles in Law Enforcement custody: Sight and sound separation from all adult inmates including trusteesHandcuff to a stationary object for processing purposes only - cannot exceed six (6) hours in custodyNo adult holding area.

Juveniles in Law Enforcement custody: Monitored while in LE custodyWritten custody log Federal Register, Juvenile Justice and Delinquency Prevention Act, Section 223.

Safety Searches Weapons and illegal contraband Be Discreet Same sex searches recommended

Fingerprints/Photographs - Misdemeanors Order of the Court Required Exception

Fingerprints/Photographs – Felonies Shall fingerprint and photograph any juvenile taken into custody for a felony offense. Section 211.151 RSMo. This is a statutory requirement and consent by the Juvenile Court is not required.

Investigations Show Ups- same standard as adult Photo Line Ups-may use something open/available to public Photographs DNA

Voice Stress/Polygraph Testing Juveniles may voluntarily, and with consent of their parent, guardian, or custodian, submit to a voice stress or polygraph test.

Interviews/Interrogations

Same Rights as an Adult

Rights Remain silent; Appointed attorney; Statements to Juvenile Officer may be used in later Juvenile Division proceedings ; Stop Questioning; Statements to law enforcement, not Juvenile Officer may be used against the juvenile in the event the juvenile is prosecuted as an adult . Parent, guardian, custodian present

Rights-Juvenile Officer Performance Standard 2.1 Juvenile Officer or a designee approved and trained by the Juvenile Officer shall advise of rightsJuvenile Officer shall ensure any designee complies with the requirements for the juvenile officer Must advise of limited role during the interrogation by law enforcement-not legal counsel for the juvenile or an advocate

Rights-Standard 2.1 D. Juvenile Officer or designee shall not participate in the questioning by law enforcement by asking any questions or soliciting any information from the juvenile regarding the alleged offense(s). E. Juvenile Officer or designee shall prohibit or end questioning by law enforcement wherein the juvenile appears to lack the capacity to understand the advisement of rights and waiver, requests to stop answering questions. or requests legal counsel

Rights-2.1 F. Juvenile Officer or designee shall ensure a parent, guardian, custodian or friendly adult of the juvenile’s choosing is present during the questioning.G. Juvenile Officer or designee shall administer the advisement of rights orally and in writing and ensure appropriate language is used I. Juvenile Officer or designee shall address with the juvenile potential conflicts in circumstances where victim or co-defendant is the parent

Admissibility of Juvenile Statement Admissibility of Statements Totality of Circumstances juvenile’s age experience education background intelligence capacity to understand the warnings given to him nature of the Fifth Amendment of the United States Constitution consequences of waiving those rights In the Interest of A.D.R., 603 S.W. 2d 575(Mo. 1980)

Waiving Rights Presence of parent, guardian, or custodian Juvenile may waive, but; Parent must be present and advised of juvenile’s rights, and; Juvenile may consult with parent or guardian about waiving their rights In the Interest of K.W.D., 500 S.W. 2d 275 (Mo. App. 973).

Procedure for Interviews/Interrogations Contact the Juvenile Division to schedule interviewThe Juvenile Division will request: identifying information regarding the juvenile; the name and address of the parent; information as the nature of the offense; and, basis for the request to interview the suspect. Contact the parent or custodian and direct them to respond to the Juvenile Division and to bring the Juvenile with them if the juvenile is not in custody. Juvenile as victim Juvenile as a witness

Documentation

Juvenile Referral Report Requisite InformationElements of the OffenseEvidence Collected

Juvenile Referral Report Identifying information regarding juvenileInformation regarding custodian/parentsDate and time of alleged offenseLocation of alleged offense Witnesses Complainant or Victim Date and time parent/custodian contact initiated Report number Basic Information

Juvenile Referral Report Process of the investigationElements of the offense as defined by The Missouri Criminal CodeEvidence collected Narrative

Status Offenses Recommended Practice and Procedure

Definition Status Offenses Not a crime if committed by an adult Behaviors characterized as unruly, disobedient and unmanageable

Statute Truancy; Beyond Parental Control; Runaway; Behavior or associations injurious to welfare; Other offenses - curfew violations and minor in possession offenses. Missouri Juvenile Code: Section 211.031.1(2) RSMo . Exclusive Jurisdiction of the Juvenile Court

Authority Exclusive Jurisdiction of the Juvenile Court #1 Age Birth to seventeen years of age (not including seventeen years of age, AT THIS TIME) ; AND Sections 211.031.1(2) and 211.041 RSMo .

Authority Age; AND #2 Presence of Child RESIDES WITHIN COUNTY – child takes on the residency of the parent; if divorced then parent with actual physical custody Section 211.031.1(3) RSMo.; In the Interest of R.P., 966 S.W. 2d 292 (W.D. Mo.Ct.App. 1998); OR FOUND WITHIN COUNTY – actual physical presence See Section 211.031.1(3) RSMo.; In re Jackson, 592 S.W.2d 320 (S.D. Mo.Ct.App. 1979).; Exclusive Jurisdiction of the Juvenile Court

Authority Age; ANDPresence of Juvenile; AND #3 Probable Cause exists that the juvenile committed a status offense. See Black’s Law Dictionary p. 1201 (6th ed. 1990). Exclusive Jurisdiction of the Juvenile Court

Areas of Responsibility

Juvenile DivisionCase Management Processes

Law EnforcementInvestigation Written Reports

Custody – Status Offenses Procedures are the same as with delinquent offenses.

Detention of Status Offenders Status Offenders may not be detained in a secure juvenile detention facility as a matter of general practice and procedure and may not be detained for a period in excess of twenty-four (24) hours. See Section 211.061 RSMo.

Custody Regulations

Juveniles in Law Enforcement custody: Sight and sound separation from adult inmates/trustees.No adult holding areas or cells.May not be handcuffed to stationary object May ONLY handcuff if juvenile is combative or an immediate threat to themselves or other persons.

Juveniles in Law Enforcement custody: Monitor at all timesWritten custody log must be maintained Federal Register, Juvenile Justice and Delinquency Prevention Act, Section 223.

Fingerprints/Photographs Court Order Required Section 211.151.3 RSMo.

Interviews/Interrogations No interviews necessaryStatus offenses are non-criminal in nature Relate to the issues of juveniles requiring care and treatment If interviewed Miranda required

Procedural Issues Disobeys the reasonable and lawful directions of his or her parents and is beyond their control.Best practice: Attempt to de-escalate Parents may voluntarily place with relative or friend-cool off period Temporary protective custody if parents refuse custody(minor complaints) Beyond Parental Control

Procedural Issues Habitually absent without sufficient cause, permission, or justificationBest Practice:Release to parent Parents may voluntarily place with relative or friend Temporary protective custody Runaway

Procedural Issues Broad category:Self-mutilationSuicidal behaviorConsensual sexual activity among peers Fighting Associating with adult felons Curfew violations Intoxication/drugs Behavior and Associations Injurious to Self or Others

Procedural Issues Best Practice:No secure detention Mental Health assistance Voluntary placement Behavior and Associations Injurious to Self or Others

Procedural Issues Subject to compulsory school attendance (until age 17 or 16 credit hours)Best Practice: Return to school Release to parent, guardian, custodian Truancy

SCHOOL, SCHOOL, SCHOOL…

Juvenile Offenses at SchoolDiscipline and behavior problems should be handled by the school (non-criminal behavior) School to Prison Pipeline Law violations/criminal behavior should be referred to law enforcement

Juvenile Offenses at School-JO Performance Standard 5.17 5.17(c) says…“The Juvenile Officer shall refrain from activities that expand the role of the juvenile officer to matters of school discipline….” Standards comment-”The Juvenile Officer should decrease the associated vulnerability of involvement in the juvenile justice system for at-risk juveniles by declining referrals submitted by school personnel when the allegation involves conduct that is a violation of school policy only.”

Juvenile Offenses at School Whose responsibility to investigate Custody Interviews

Judicial Custody J.D.B. v North Carolina 2011 Supreme Court case that said age of child is relevant when determining police custody for Miranda purposes

Safe Schools ActAdministrators are required to report felonies to law enforcement. Assaults in the third degree are not always required to be reported (if there is an agreement in place between school and area law enforcement)Schools have to report harassment Assaults in the fourth degree do not have to be reported

Search and Seizure at School New Jersey v. T.L.O. 4 th Amendment prohibition on unreasonable searches and seizures applies to searches by school officials Searches by School Officials Must be justified at its inception AND must reasonably relate in scope to the circumstances which justified the action in the first place

Searches and Search WarrantsSchool officials must use “reasonableness” to search lockers, bags, students, etc. at school. School officials who are working with police or the prosecutor can be seen as “government agents”.Best practice would be for law enforcement to obtain a search warrant.

Searches and Search WarrantsSearch warrants may be obtained concerning issues related to delinquency. Application may be made to the Prosecuting AttorneyAdult court guidelines followed

What is Disproportionate Minority Contact(DMC)? DMC is the disproportionate representation of youth of color in the juvenile justice system. DMC is a core requirement of the Juvenile Justice and Delinquency Prevention Act.

4 Core Requirements from OJJDP Deinstitutionalization of Status Offenders.Sight and Sound Separation Jail and Lockup Removal Disproportionate Minority Contact

DMC History in Missouri1988 - Congress mandated DMC in state plans. 1992 – Congress tied 25% of funding to DMC work.2000 – MJJA gathered county DMC statistics.2001 – DMC Coordinators in large counties in MO. 2002 – Congress changed “confinement” to “contact.” 2003 – MJJA published report demonstrating DMC in detention. 2004 –OSCA published Racial and Gender Equity Study. 2006 – Research project by MU. 2009 – 2010 DMC Coordinator hired and additional county DMC teams working on reducing DMC 2010-present-working actively in 6 counties

What DMC is NOT A research projectSolving the problems of racism or poverty Blame Game – kids, parents, the community, music videos, television, media, “the system” “ Gotcha ” or finger pointing at public officials Abuse Excuse – poor, broken home, bad neighborhood, etc. Holding youth of color less accountable

What is the Relative Rate Index (RRI)? RRI compares rate of youth of color to rate of white youth at particular decision point

RRI Calculation Example # of Black in population 200# of Black youth referred 60 = .30 ____________________________ (÷) # of White youth referred 40 = .05 # of White youth in pop. 800 .30 = 6 RRI .05 Black youth are 6 times more likely to be referred

Missouri RRI 2016 for Status and Law Violations Court Contact Point AA Hisp . Asian AA Referrals 2.1 0.5 0.2 0.4 Diverted 0.9 * * * Secure Detention 2.6 1.4 * * Charges Filed 1.5 1.4 1.5 * Delinquent 0.8 * * * Probation 0.9 * * * Confinement DYS 1.2 * * * Certification 10.1 * * * *Not statistically significant 1.0 = Proportionality

Commonalities in Disproportionality Most disproportionality occurs at the referral decision point, and is with African Americans The majority of referrals are from law enforcement and school officials. The offenses with the most disproportionality are Assault 3 rd Degree(when a misdemeanor) and Peace Disturbance. More disproportionality occurs with 5 or more referrals.

How do we address DMC

Child Abuse and Neglect Recommended Practice and Procedure

The “Doorway” Law Enforcement also has the critical responsibility of intervening on behalf of children subjected to child abuse or neglect.

Statute The parents, or other persons legally responsible for the care and support of the child or person seventeen years of age, neglect or refuse to provide proper support, education which is required by law, medical, surgical or other care necessary for his or her well-being; except that reliance by a parent, guardian, or custodian upon remedial treatment other than medical or surgical treatment for a child or person seventeen years of age shall not be construed as neglect when the treatment is recognized or permitted pursuant to the laws of this state; OR Exclusive Jurisdiction of the Juvenile Court

Statute The parents, or other persons legally responsible for the care and support of the child or person seventeen years of age, neglect or refuse to provide proper support, education which is required by law, medical, surgical or other care necessary for his or her well-being; except that reliance by a parent, guardian, or custodian upon remedial treatment other than medical or surgical treatment for a child or person seventeen years of age shall not be construed as neglect when the treatment is recognized or permitted pursuant to the laws of this state; The child or person seventeen years of age is otherwise without proper care, custody or support; OR Exclusive Jurisdiction of the Juvenile Court

Statute The parents, or other persons legally responsible for the care and support of the child or person seventeen years of age, neglect or refuse to provide proper support, education which is required by law, medical, surgical or other care necessary for his or her well-being; except that reliance by a parent, guardian, or custodian upon remedial treatment other than medical or surgical treatment for a child or person seventeen years of age shall not be construed as neglect when the treatment is recognized or permitted pursuant to the laws of this state; The child or person seventeen years of age is otherwise without proper care, custody or support; The child or person seventeen years of age was living in a room, building or other structure at the time such dwelling was found by a court of competent jurisdiction to be a public nuisance pursuant to section 195.130 RSMo.; OR Exclusive Jurisdiction of the Juvenile Court

Statute The parents, or other persons legally responsible for the care and support of the child or person seventeen years of age, neglect or refuse to provide proper support, education which is required by law, medical, surgical or other care necessary for his or her well-being; except that reliance by a parent, guardian, or custodian upon remedial treatment other than medical or surgical treatment for a child or person seventeen years of age shall not be construed as neglect when the treatment is recognized or permitted pursuant to the laws of this state; The child or person seventeen years of age is otherwise without proper care, custody or support; The child or person seventeen years of age was living in a room, building or other structure at the time such dwelling was found by a court of competent jurisdiction to be a public nuisance pursuant to section 195.130 RSMo.; or The child or person seventeen years of age is a child in need of mental health services and the parent, guardian, or custodian is unable to afford or access appropriate mental health treatment or care for the child. Missouri Juvenile Code: Section 211.031.1(1)(a-d) RSMo . Exclusive Jurisdiction of the Juvenile Court

Authority #1 Age: Birth to eighteen years of age (not including 18); AND Exclusive Jurisdiction of the Juvenile Court

Authority Age; AND #2 Presence of Juvenile RESIDES WITHIN COUNTY – child takes on the residency of the parent; if divorced then parent with actual physical custody Section 211.031.1(3) RSMo.; In the Interest of R.P., 966 S.W. 2d 292 (W.D. Mo.Ct.App. 1998); OR FOUND WITHIN COUNTY – actual physical presence See Section 211.031.1(3) RSMo.; In re Jackson, 592 S.W.2d 320 (S.D. Mo.Ct.App. 1979).; AND Exclusive Jurisdiction of the Juvenile Court

Authority Age; ANDPresence of Juvenile; AND #3 Probable Cause to believe that Child has been abused or neglected Child is in circumstances that would reasonably result in abuse or neglect. Exclusive Jurisdiction of the Juvenile Court

Categories of Abuse/Neglect Physical injury Child Non-accidental meansBy parent or custodian; OR, By someone else and the parent should have known and failed to protect the child Spanking must be reasonable Physical Abuse

Categories of Abuse/Neglect Evidence of physical harm is generally requiredStatement of childStatements of a physicianForensic Interview If child is 3 years or younger and CD determines investigation is needed, child must have an evaluation by a SAFE CARE provider Physical Abuse

Categories of Abuse/Neglect Sexual contact or activitiesInflicted on a childBy those responsible for the child’s care, custody and control. Sexual Abuse

Categories of Abuse/Neglect Evidence of physical injury or harm is not required in a case involving sexual abuse.Many sexual abuse cases consist of fondling or oral-genital touching, which does not usually cause marks, bruising or physical injury to the child. Sexual Abuse

Categories of Abuse/Neglect Close confinement and unreasonable physical restraint such as tying, binding, handcuffing or gagging a child, patterns of verbal or emotional assault and overly punitive or exploitative treatment such as denying a child food, shelter, or sleep. Emotional Abuse

Categories of Abuse/Neglect Professional psychiatric diagnosis may be needed to confirm a finding of emotional abuse. Emotional Abuse

Changes to definitions and who has care, custody and control of child SB 160(2017) -victims of abuse and neglect shall also include victims of sex trafficking or severe forms of traffickingThose responsible for care, custody and control includes any person who takes control of the child by deception, force or coercion.

Emergency Protective Custody Who can take a child When can the child be taken Why can the child be taken What is required How long

Emergency Protective Custody If juvenile is in imminent dangerNotify Juvenile Officer immediatelyReasonable efforts to notify custodianReport to Child Abuse and Neglect Hotline 800-392-3738 Complete Form CS-33 (Children’s Division – Authorization to Provide Emergency Alternative Care) Complete Probable Cause Statement as soon as possible, but no later than 12 hours

Mandated Reporting If no imminent danger or immediate threat to life, first and most appropriate action is the mandated report to Child Abuse and Neglect Hotline: 800-392-3738

When a Parent or Custodian is Arrested Voluntary placementIf the parent/custodian declines to do so, an immediate report should be made to the Child Abuse and Neglect Hotline, informing them of the immediate need for placement.

Placement Limitations and Conditions No Restraints – for children subject to abuse or neglectPhysical placements are limited to those approved by the Court. Actual physical placements should be facilitated by the Children’s Division.

Placement Limitations and Conditions Children may feel lost, angry and afraid when placed with a stranger.Preference and first consideration to grandparents, and other relatives.Information neededNon-secure setting

Placement Limitations and Conditions Limit Questioning – questioning must cease if child refuses to talk.This does not prevent asking questions necessary to the care, treatment, or placement of the child.

Order of the Court Required Does not include photographs to document abuse/neglect Fingerprints/Photographs

General Practice

Juvenile Absconders and Requests to Detain Law enforcement should verify that the juvenile is wanted as an absconder or Out-of-State runaway. If agency requests that juvenile be held pending further court action or pending release to parent/guardian/custodian, law enforcement should ask for written verification. Prepare Probable Cause Statement and Juvenile Referral Report.

Juvenile Absconders and Requests to Detain Children in custody of Missouri Children’s Division should be turned over to the Missouri Children’s Division as soon as practical.Not appropriate for placement in detention.

Interstate Compact A uniform law enacted by all 50 states, DC, and Virgin Islands to assist in placement of children from one state to another. Ensures the same protection and services to children as if they had remained in their own state.

Custody Disputes Juvenile Officer has no legal authority to assist any party regarding custody disputes if the juvenile is not subject to the jurisdiction of the Juvenile Division.

Records Confidentiality - Section 211.321 RSMoPeace officers’ records shall be kept separate from records of persons 17 years and older Court Order required to release LE records Destruction of all records

Summons and Child WitnessesPersonal service to juveniles 12 and older With a child less than age 12, to the child’s custodian.Best practice when serving a child witness: serve the child 12 years of age and older and the custodian that would need to bring them to court.

EmancipationLegal concept related to when and whether parents are required to support a minor No authority in the juvenile code other than through certification

Drug/Alcohol TestingCourt order required Parents requesting testing of their child should make arrangements through their family physician or health care provider.

Tours of Jails and Adult Prisons Federal policy PROHIBITS juvenile offenders to spend any amount of time in a secure setting or secure section of an adult jail, lockup, or correctional facility.

Juvenile Justice and Delinquency Prevention Act There is history and background concerning the Juvenile Justice and Delinquency Prevention Act Includes core requirement Commonly asked questions Flowchart to help determine whether a juvenile is in secure or non-secure custody in an adult jail or lock-up

Law Enforcement Video Parting the Pipeline: Law Enforcement's Guide to Best Practices with Youth in Custody 

Statewide Resources ParentLink – 800-552-8522 Support for parents and professionals with research-based parent information Available 8-5 M-F Parental Stress Helpline – 800-367-2543 24 hour assistance for parents in crisis managing children’s behavior National Suicide Hotline – 800-784-2433 Access Crisis Intervention Resources in your area

Wrap Up Questions/Comments Marcia Hazelhorst Director, Missouri Juvenile Justice Association 573-616-1058