NC BLET Juvenile Law (2022/2023) Already Graded A

NC BLET Juvenile Law (2022/2023) Already Graded A Parens Patriae allows the state to become the substitute parent to protect the child and provide for the child's needs. Abused Juvenile Any juvenile less than 18 years of age whose parent/guardian/caretaker inflicts or allows to be inflicted serious physical injury, commits, permits, or encourages the commission of a sexual crime. Creates or allows to be created serious emotional damage. Encourages, directs, or approves of delinquent acts involving moral turpitude. Caretaker Any person other than a parent, guardian, or custodian who has responsibility for the health and welfare of a juvenile. Custodian Person or agency that has been awarded legal custody of a juvenile by a court or person Dependent juvenile a juvenile in need of assistance or placement because the juvenile has no parent, guardian, or custodian Neglected Juvenile A juvenile who does not receive proper care, supervision, or discipline from a parent, guardian, custodian, or caretaker; or who has been abandoned, or has not been provided necessary medical care. Three Quanta of Proof 1. Preponderance of evidence. 2. Clear and convincing evidence. 3. Beyond a reasonable doubt. Allegations in a petition alleging abuse, neglect, or dependency shall be proved by clear and convincing evidence. Juvenile court jurisdiction Original jurisdiction over alleged abuse, neglect, or dependency cases. Termination parental rights, emancipation of a juvenile. Review placement in foster care. Consent for an abortion for an unemancipated minor. Emancipated Minor Age 16-17 where you declare yourself independent of a guardian and are considered an adult, and can reasonably prove you are independent. Notify DSS immediately for Emergency or non-emergency investigations of child abuse. DSS Department of Social Services Every person has a legal duty to report facts which lead the person to suspect that a juvenile is abused, neglected, or dependent, or has died as a result of maltreatment. Steps in Answering Complaints 1. Initial approach should be professional. 2. Explain to complainant the health and safety of the child is being considered. 3. Show concern/sympathy. 4. If refusal to enter home by parent/guardian, then probable cause is needed to enter it (i.e. exigent circumstances or a warrant.) 5. Interfering with an investigation is a crime. DSS must notify the SBI of a report of child sexual abuse at a daycare facility or home within 24 hours or the next work day DSS must give written notice to a person making the report regarding whether the report of abuse allegations was true or not, and what action, if any, was taken. This must be completed within 5 working days after receipt of report. It is legal to abandon an infant to an appropriate person/agency within 7 days of the infant's life. If the Director of a DSS agency finds evidence that a juvenile may have been abused, law enforcement and the DSS must coordinate a criminal investigation within 48 hours after receipt of the information from DSS. Serious bodily injury Injury that creates a substantial risk of death; causes serious permanent disfigurement, coma, or permanent/protracted loss or impairment of any mental or emotional function of the child Serious physical injury injury that causes great pain and suffering and includes serious mental injury (like verbal abuse). Misdemeanor Child abuse Parent of a child less than 16 years of age who creates or allows physical injury, or commits/allows lewd conduct or indecent liberties. Felony Child abuse Parent/person in care of child less than 16 years old who, intentionally inflicts serious bodily injury, serious physical injury, commits/permits prostitution, commits/permits sexual acts upon a juvenile. Contributing to delinquency of minor/neglect by parents Any person who is at least 16 years old who knowingly or willfully causes, encourages, or aids any juvenile within the jurisdiction of the court to be in a place or condition, or to commit an act whereby the juvenile could be adjudicated delinquent, undisciplined, abused, or neglected. This is a class 1 misdemeanor. Parent commits a crime with their child witnessing it. What is the charge on the parent? The charge is "contributing to the delinquency of a minor." Indecent liberties with a student by a teacher/school personnel is a Class I felony if teacher/school personnel is greater than four years older than the victim. It is a Class A1 misdemeanor if the teacher/school personnel is within four years of age to the victim. Temporary Custody taking physical custody until a court order for nonsecure custody can be obtained. Close, constant supervision by law enforcement no longer than 12 hours, or 24 hours if on a Saturday/Sunday/Holiday. Must notify parents/guardians, and inform them of right to be present. Nonsecure custody Court must consider release of the juvenile to the parent, guardian, custodian, or other responsible adult for temporary placement unless the court finds that placement with the relative would be contrary to the best interest of the juvenile. Placement of a juvenile outside of this State shall be in accordance with the Interstate Compact on the Placement of Children. This allows Law Enforcement to assume custody and make a due return on the order. Secured Custody The court must believe the juvenile committed the offense in the petition and also one of the following conditions must be met: The juvenile is charged with a felony and is a danger to property or persons; assault; failure to appear on delinquency charge; The court believes the juvenile will not come to court on a pending charge; The juvenile has run away from a training school or detention center; The court believes the juvenile has or will harm himself/herself; The juvenile is undisciplined by being a runaway and may need secure custody. Delinquent Juvenile Any juvenile who, while less than 16 years of age but at least 6 years of age, commits a crime or infraction under State law or local ordinance, including violation of motor vehicle law. These are criminal matters, and must be proven beyond a reasonable doubt. Undisciplined Juvenile A juvenile between less than 16 and older than 6 who is unlawfully absent from school, regularly disobedient to parent/guardian, runs away from home for more than 24 hours The evidence must be clear and convincing. Interstate Compact on Juveniles All 50 states and D.C.'s ratified agreement providing a formal means of returning a juvenile to the juvenile's home state. A juvenile is considered a runaway after 24 hours Law Enforcement working with Protective Services Professionals Works hand in hand with medical services court and DSS in attempt to address all of juvenile needs. Also provides security to DSS officials. Custody Hearing Within 5 calendar days for Secure Custody; and 7 calendar days for Nonsecure Custody. Parental Liability for damages done by a minor Costs not exceeding $2,000 dollars are the responsibility of the parent of a minor who maliciously or willfully destroys a persons' real property or personal property. Secure detention is not an option when a juvenile is found in violation of a curfew Setting for Parent/juvenile Conference Under ideal conditions an office is the best location, due to privacy and fewer distractions. The place of arrest is the second choice (though may be inappropriate in some situations). Procedure for Parent/juvenile Conference Insist on privacy; sit down, be relaxed; give juvenile opportunity to explain what he/she has done (fill in the facts he/she omits); confirm information juvenile gives; ask parents if they are experiencing any problems with the child, or if they have any helpful information. Law Enforcement must do this once they receive a missing child report from parent/guardian enter the report into federal NCIC missing persons file database. Intake Services The purpose of the services is to determine from available evidence whether there are reasonable grounds to believe the facts alleged are true, whether or not it's within the jurisdiction of the juvenile court (meets proper age requirements), whether or not the facts warrant court action, and obtain assistance from community resources when the court referral is not necessary. The juvenile court counselor does not engage in investigation but can refer the complaint to law enforcement. Petitions must contain the name, date of birth, address of the juvenile and the address of the juvenile's parent. It should contain facts which invoke jurisdiction as well as a statement of facts which support every element of the offense. It does not authorize taking physical custody of the juvenile. A district court judge may issue secure and nonsecure custody orders A Secure Custody Order is similar to a warrant for arrest in the Adult realm A parent/juvenile must receive a copy of a secure/unsecure order for custody Criteria for Non-Secure Custody there is a reasonable factual basis to believe the matters alleged in the petition are true, and that: (1) The juvenile is a runaway and consents to nonsecure custody; or (2) The juvenile meets one or more of the criteria for secure custody, but the court finds it in the best interests of the juvenile that the juvenile be placed in a nonsecure placement. Criteria for Secure Custody the court finds there is a reasonable factual basis to believe that the juvenile committed the offense as alleged in the petition, and that one of the following circumstances exists: (1) Felony charge and dangers to persons/property (2) Misdemeanor assault/displaying firearm (3) failed to appear on a pending delinquency charge or violation of probation or post-release supervision. (4) A pending against the juvenile, and there is reasonable cause to believe the juvenile will not appear in court. (5) The juvenile is an absconder from a detention facility (6) the juvenile has recently suffered or attempted self-inflicted physical injury. (7) The juvenile is alleged to be undisciplined by virtue of the juvenile's being a runaway and is inappropriate for nonsecure custody placement or refuses nonsecure custody Legally Interviewing a Juvenile Non-Custodial 1. Do not read Miranda. 2. Use "you are free to leave." 3. Avoid visible weapons/stand bladed. 4. Don't use an "interrogation room" setting. (use a break room) 5. Don't over supervise, and avoid accusatory statements. Legally Interviewing a Juvenile Custodial Interrogation 1. read Miranda warnings from juvenile card. 2. Obtain valid waiver of rights if juvenile is 14-17. Written waiver. 3. If juvenile does not wish to be questioned further, interrogation must cease. 4. If conducted in a place of detention, it must be electronically recorded. 5. Take meticulous notes of interview. An Order to Assume Custody is A secure custody order, a nonsecure custody order, or a temporary custody by a law enforcement officer on a juvenile. NTO Non-testimonial Identification Order Fingerprints, palm prints, footprints, saliva, hair, blood, etc. A nontestimonial identification order to obtain a blood specimen may only be issued by affadavits sworn before the court to establish probable cause to believe an offense has been committed that would be a felony, the juvenile committed it, and obtaining a blood specimen will be of material aid. A Defense attorney can use this for the juvenile's defense. Nontestimonial Identification Orders may be issued by any district or superior court judge on request of a prosecutor. When transferring jurisdiction to Superior Court for a felony a probable cause hearing must be held within 15 days. Juvenile Contact Report Used to Record the Handling of Juveniles Who Commit Criminal Offenses. Obtain during custody, and use it to describe crime/narrative of incident. A prosecutor may share a juvenile's record with The juvenile or his/her attorney; a parent/guardian; district attorney or prosecutor; court counselors; law enforcement officers sworn in that state. Law Enforcement Officer's Role as it relates to the concept of juvenile justice Delinquency prevention. Providing for the child's need and understanding the law in regards to prosecution/assistance of a juvenile who commits a crime. A juvenile 14, 15, 16, or 17 can waive their Miranda rights with a written waiver for an interrogation A juvenile under 14 cannot waive their Miranda rights for an interrogation, parents must be notified/present. Philosophy for Law Enforcement in regards to Juvenile Law To identify children at risk, prevent abuse or neglect, improve quality of child care and to preserve and stabilize family life. Prosecution of the parents is not one of the purposes. In incest/sex abuse, prosecution should be considered in most cases. When the Director of DSS files a petition against someone for obstructing an investigation the person named in the petition is given notice of a hearing to be held within 5 working days from the date of service of the petition. An Ex Parte Order Where it is alleged that a juvenile is in need of immediate protection or assistance, and the respondent is interfering. This order is one which is entered without first allowing the respondent an opportunity to be heard or to hear the evidence which supports the allegations against them. This order directs the respondent to comply, and a hearing must be scheduled within ten days after the entry of the order to determine whether the order should remain in effect. Examples of Interference/Obstruction of an Investigation refusing to disclose the whereabouts of the juvenile, refusing to allow access to the juvenile, refusing to allow the agency representative to observe or interview the juvenile in private, refusing to allow the agency representative to arrange for an evaluation of the juvenile by a physician or other expert, or other conduct that makes it impossible for the agency representative to carry out his duty to assess the child's safety.