Officer Exam
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,Steps for Juvenile Expungement
1. must be 18 or older to request,
2.hire attorney who represents the court for this,
3. judge reviews case,
4. judge destroys
record or gives it to requestor
Ages that Juveniles can be waived to adults
greater than 10-murder
greater than 14- habitual offender (heinous or aggravating)
greater than 16: A &B felonies and if crime committed would be if committed by adult
**Reasons to waive it must be in child's best interest; no rehab in juvenile and must
have a lot of evidence that child committed act.
Why a child may be considered for CHINS (Child In Need of Service) first placement
consideration is given to family (9)
1. neglect (food, shelter, medical, education or supervision)
2.physical/mental endangerment caused by neglect of parent
3. physical/mental endangerment caused by injury by the act of omission of parent
4. victim of sex crime
5. parent allowed child to participate in obscene sex act
6. parent allows child to commit a sex offense
7.child missing and needs care
8.custodial fails to participate in disciplinary proceedings at school,
9.child born with FAS (fetal alcohol syndrome) or illegal drugs in system
,Parties in a CHINS proceeding (4)
Child
Parent/guardian
DFC
Guardian at litem
Who can take a child into custody during a CHINS investigation? (3)
caseworker,
law enforcement
officer, probation
officer
When can a PO, law enforcement or caseworker take custody of child is he is
believed to be a CHINS
If there is probable cause to believe he is CHINS and it appears the child's physical
or mental condition will be (or already is) seriously impaired if he is not taken
immediately and there is reasonable opportunity to obtain a court order
What is CPS?
Child Protective Services an agency whos purpose is to investigate all reports of
abuse or suspected abuse
Who can file a petition for parental participation? (2)
prosecutor
probation officer (petition or protective order for a child)
, Who has access to juvenile court records without a court order? (7)
1. judge and his staff
2. party and party's attorney
3. court staff
4. prosecutor and his staff
5. DFC attorney/DFC staff
6. DOC
7. parent of child
Who can court grant access to juvenile records to? (4)
1. service providers
2.anyone with legitimate interest in the work of the court of the particular
case or for legitimate research
3.anyone seeking impeachment purposes or to call the juvenile's character into question
4. a victim who needs info for a civil action against the juvenile/his estate.
When are juvenile records made public? (2)
1. When a petition is filed
2.When act is murder or felony; or an aggregate of 2 unrelated misdemeanor acts
if the child is at least 12 or aggregate of 5 unrelated misdemeanor acts is under
How does a child become emancipated? (5)
Child:
1. no longer wants to be under parental control
2.does not need parental control or supervision
3. has sufficient funds to be on own
4. understands the consequences of being free from parental control.
5. has an acceptable plan for independent living