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Law Enforcement Response to Abused and Neglected Children and Status Offenders

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Victims of abuse and neglect. Those who commit status offenses. Those who commit serious crimes ... Example on page 11. Abuse/Neglect. Officer must take ... – PowerPoint PPT presentation

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Title: Law Enforcement Response to Abused and Neglected Children and Status Offenders


1
Law Enforcement Response to Abused and Neglected
Children and Status Offenders
  • Chapter 7

2
Introduction
  • Juvenile justice encompasses
  • Victims of abuse and neglect
  • Those who commit status offenses
  • Those who commit serious crimes

3
Introduction
  • Police are often the gatekeepers
  • Police discretion
  • Take into custody (arrest)

4
Neglected and Abused Children
  • Action needs to be taken on a report within a
    certain amount of time
  • What is the time for Missouri?
  • It could be necessary to remove the child from
    the home
  • Police remove the child

5
Abuse/Neglect
  • An officer can take a child into temporary
    custody without a warrant
  • Emergency or reason to believe that leaving the
    child in the home would cause further harm
  • Temporary custody without a hearing
  • Within 48 hours

6
Abuse/Neglect
  • Conditions to remove the child from the home and
    put into protective custody
  • Maltreatment in the home
  • Parents refusal for medical care
  • Child is incapable of self protection
  • Homes physical environment poses a threat
  • Parents cannot or will not provide basic needs
  • Parents abandon the child

7
Abuse/Neglect
  • Mandated reporters (handout from MO)
  • Can be difficult to prosecute
  • Specialize in interviewing children
  • Often have to get with DFS before the hearing
  • Put in foster care
  • Example on page 11

8
Abuse/Neglect
  • Officer must take detailed notes and observation
    of everything!
  • Pictures should be taken immediately (someone
    besides a cop)
  • Child friendly interviewing areas
  • Videos/dolls

9
Runaways
  • Procedures or SOPs
  • Interview the parents
  • Time factors
  • Scene assessment
  • Victimology comfort zones, peers

10
Parental Abductions
  • Amber Alert
  • Confirm that a child under 17 has been abducted
  • Child is in danger of serious bodily harm or
    death
  • Enough evidence and description to believe that
    an alert would be effective

11
Status offenders
  • Some police take no actions because of the time
    (paperwork, other serious offenses)
  • Some refer to juvenile officers or DFS
  • All depends on the seriousness of the offense
  • Character, age, gender, race, prior record,
    family situation, youths attitude

12
Status offenders
  • Other influences
  • Public opinion
  • Media
  • Referral agencies
  • Officers experience
  • Alternatives page 216
  • Street justice police dealing with offenders on
    their own doing nothing

13
Taken into custody
  • Page 217 flow chart of the JJ system
  • Complain received
  • Taken into custody (not an arrest)

14
Taken into custody
  • Supreme Court
  • Rights of juveniles cannot be infringed upon
  • Proven beyond a reasonable doubt
  • Miranda rights

15
Holdover
  • Holdover programs (detention)
  • Short, temporary
  • Secure, non-secure or a combo

16
Detention
  • Before a petition is filed
  • Cannot be with adults
  • Separate from adults

17
Detention
  • Detain before court
  • Juvenile or societys protection
  • Lack of parental care
  • Ensure appearance at court
  • Offense was serious/juvenile record

18
Release vs Detention
  • Some state laws state that once a juvenile is
    released from detention they can only be release
    to the custody of parents, guardians or
    custodians
  • If parents are not an option, a hearing to
    detain or put in foster care occurs

19
  • If they detain, the case must be referred to court

20
Intake
  • Is a petition necessary?
  • Describes the complaint against the juvenile
  • Formal court action
  • Officer can release to parents and give a warning
    or reprimand

21
Intake
  • Discretion by the intake officer
  • Very crucial step
  • Is there legal evidence to intake?
  • Should the case go to the prosecutor for the
    adult court?
  • The intake officer decides if the juvenile should
    be detained until the detention hearing

22
Prosecution
  • 3 options
  • Dismiss the case
  • File the petition
  • Send to adult court

23
Status Offenders
  • Parents dont like to take responsibility for
    their childrens behaviors
  • This has led to more delinquent behaviors
  • We often have to require parents to take
    parenting classes

24
  • Page 243
  • Questions 7 and 9
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