CIT Training - francarino.com · 1. transport the child home or to the home of any other person; 2. refer the child to juvenile court; 3. hold the child in protective custody for

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LAW ENFORCEMENT

MENTAL HEALTH

CIT Training

Objectives

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‣ Situations where you might encounter a juvenile – types of cases heard in the Juvenile Court;

‣ Who is a “juvenile” versus an “adult” – impact of “raise the age” legislation;

‣ Police options in non-delinquent (FWSN) situations; ‣ Police options in delinquent situations; ‣ Serious Juvenile Offenses (SJO) – what you charge does

matter; ‣ Confidentiality of juvenile information and exceptions

to the general rule; ‣ Legal requirements and tips for interviewing juveniles; ‣ Domestic violence mandates for juvenile offenders; ‣ Tips for dealing with the parents - you’re not just

dealing with the juvenile;

Situations where you might encounter a juvenile – types of cases heard in the

Juvenile Court

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Civil Session Criminal SessionChild Protection (under 18) Cases:

✴ Abused children & youth ✴ Neglected children & youth ✴ Uncared for children & youth ✴ Termination of Parental Rights

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Mandated reporters

What must be reported? (CGS §17a-101a)Mandated reporters are required to report or cause a report to be made when, in their professional capacity, they have reasonable cause to suspect or believe that a child under the age of 18! has been abused, neglected or ! has had non-accidental physical injury, or injury which

is at variance with the history given of such injury ! is placed in imminent risk of serious harm

Police are also required to make a report of child abuse/neglect whenever a 16 or 17 year old is arrested for prostitution; (CGS §46-133(d)(2))

Include in your report any evidence that the accused acted alone or willingly.

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When & how is a report made? (CGS §17a-101b & c)

! Mandated reporters are required to make an oral report as soon as practical but not later than twelve hours after the mandated reporter has reasonable cause to suspect or believe that a child has been abused or neglected or placed in imminent risk of serious harm by telephone or in person to DCF or the police.

! If the police receive an oral report, they shall immediately notify DCF.

! A written report (DCF form 136) shall be filed within 48 hours of the oral report.

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What is the penalty for failing to report? (CGS §17a-101a)

Fine of not less than $500 nor more than $2500 and required participation in an educational and training program.

Mandated reporters could also be sued for damages if further injury is caused to the child because they did not act.

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PA 13-297 - Effective 10/1/13 - the penalty for the failure of a mandated reporter to make a timely report of suspected child abuse or neglect goes from a $500 - $2500 fine to a class A misdemeanor.



Family With Service Needs (FWSN) Cases (under 18):

✴ Runaway ✴ Beyond Control ✴ Indecent/Immoral Conduct ✴ Truancy ✴ Defiant of School Rules ✴ Inappropriate Sexual Conduct

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“Youth In Crisis” (YIC) Law No Longer Exists

The Youth In Crisis (YIC) law was repealed. !Persons under the age of 18 that commit non-delinquent status offenses (runaway, beyond control, indecent/immoral behavior, etc.) are now handled as Family With Service Needs (FWSN) cases.

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Emancipation of minors (16 & 17)

Emancipated minors do not go to Juvenile Court!

They cannot be found to be: • abused • neglected • uncared for • from a FWSN • delinquent

Look for an Order of Emancipation or a valid Marriage Certificate to establish emancipation status.

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Delinquency Cases:

✴ Criminal cases

Emancipation of minors (16 & 17)

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Who is a “juvenile” versus an “adult” - impact of the “raise the age” legislation

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Delinquency cases involve a child who prior to age 16 has violated any:

2. court order in a delinquency case; ! suspended detention orders

3. condition of probation;

1. ! federal law, ! state law (including infractions) or ! municipal or local ordinance;

4. failure to appear;

Delinquency Cases

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delinquency*court*order;juvenile*proba4on;

Violate:*any*federal*criminal*law,**a*state*law**✴*a*viola4on,*✴*an*infrac4on,*✴*a*Title*14*MV*offense,**✴*failure*to*pay*or*plead*or**✴*FTA*in*an*adult*court*case;

FTA*for*a*juvenile*court*hearing;

***Juvenile

*****adult*court*order;adult*proba4on;

***AdultViolate:*a*local*or*municipal*ordinance;*a*state*law*that*is:*✴*a*viola4on,*✴*an*infrac4on,*✴*a*Title*14*MV*offense,**✴*failure*to*pay*or*plead*or**✴*FTA*in*an*adult*court*case;

Effective 7/1/12, a 16 or 17 year old will be handled as:

Except <1/2 oz of marijuana Except <1/2 oz of marijuana

Delinquency Cases

other*than:

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Police Options for Handling Juveniles:

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Non-delinquency (FWSN) cases

Officer shall:

1. promptly attempt to locate the child;

2. if located, report the location of the child to the parent or guardian;

3. assess the child’s safety status - not in the statute

Duties of Police in FWSN Cases (46b-149a)

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Officer may: 1. transport the child home or to the home of any other person; 2. refer the child to juvenile court; 3. hold the child in protective custody for up to 12 hours to

determine a more suitable disposition of the matter, provided (A) the child is not held in any locked room or cell and (B) the officer may release the child at any time; or

4. transport or refer a child to any public or private agency serving children, with or without the agreement of the child. This might include contacting EMPS (211), refer to DCF for voluntary services, refer to JRB or other community services, if available.

Duties of Police in FWSN Cases (46b-149a)

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Emergency Mobile Psychiatric Services

http://www.empsct.org

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Police Options for Handling Juveniles:

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Delinquency cases

! Refer the child to a Juvenile Review Board or other agency for services;

! Charge the child with a crime, serve a Juvenile Complaint and Summons, release to responsible adult or agency and refer to court;

! Charge the child with a crime, serve a Juvenile Complaint and Summons, release to child’s own custody and refer to court;

Police Options - Delinquency Cases! Warn the child and take no further action;

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! May be used at any age; ! Only use in appropriate cases; ! Be mindful of child safety and officer liability issues; ! Follow your department policy; ! Seek supervisor’s approval;

This option, while not recommended in most situations,

Release to the Juvenile’s Own Custody

Officer must make reasonable effort to notify and provide a written copy of the complaint & summons to the parent, guardian or other suitable person or agency prior to the court date. !

Document efforts in your report!

Police Options - Delinquency Cases

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Police Options - Delinquency Cases

! Arrest the child and bring to a Juvenile Detention Center;

! Warn the child and take no further action;! Refer the child to a Juvenile Review Board or other agency

for services;! Charge the child with a crime, serve a Juvenile Complaint and

Summons, release to responsible adult or agency and refer to court;

! Charge the child with a crime, serve a Juvenile Complaint and Summons, release to child’s own custody and refer to court;

When making this decision, particularly with low level offenses that don’t pose a serious threat to public safety, recognize and take into consideration the existence of any mental illness, autism, or trauma related disorders.

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Requires a court order: ‣ An arrest warrant (JD-JM-175 - rev 05-10); or ‣ A Take Into Custody Order (JD-JM-32) issued by the court

when a juvenile fails to appear in court, violates their probation, violates an order of the court; or

‣ An Order to Detain (JD-JM-190);

Placing a Juvenile in a Juvenile Detention Center

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An Order to Detain requires a finding of probable cause and no less restrictive alternative available and one of the following: a. a strong probability that the child will run, or b. a strong probability that the child will commit other offenses, or c. probable cause to believe that the child's continued residence

at home pending disposition poses a risk to the child or the community because of the serious and dangerous nature of the acts alleged to have been committed, or

d. a need to hold the child for another jurisdiction, or e. a need to hold the child to assure his/her appearance in court,

due to previous failure to appear, or f. the child violated a condition of a suspended detention order.

Placing a Juvenile in a Juvenile Detention Center

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3. The Hotline will dispatch a primary investigator or on-call social worker to respond to the police department to assist the police with locating a responsible adult to assume care for the child. Efforts will be made to do this within the six hour limit for secure holding at the police station.

4. If no responsible adult is available, the Hotline manager will invoke a 96-hour hold and place the child.

DCF Protocol Hotline Process for Children Arrested by Police 1. The police call the Hotline at 1-800-842-2288 or 860-550-6550.

2. The Hotline will obtain information from the police department regarding the child's current charges, the situation that led to his or her arrest and the efforts the police made to release the child and obtain resource information for the child including parent information and any other pertinent information in order to begin planning for the child.

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A juvenile may be held in an adult cell as long as they are held “separate and apart” from any adult detainee. Sight and sound separation is recommended.

Secure Holding at the Police Station

Juveniles should not be securely confined at police station for more than 6 hours; • The time starts when the juvenile is placed in secure holding

area and doesn't end until the juvenile leaves the building. • Document any reasons for an extended hold beyond 6 hours. • Avoid interviewing the juvenile after holding securely beyond 6

hours. • Use the DCF protocol if the judge refuses to sign the Order to

Detain due to the lack of applicable grounds.

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Serious Juvenile Offenses (SJO) – what you charge does matter

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A child charged with an SJO charge:

✓ requires a court order for release from detention (CGS §46b-133);

✓ is not eligible for suspended prosecution for drug or alcohol dependency treatment (CGS §46b-133b);

Consequences of SJO Charges

✓ is not eligible for non-judicial handling (PB §27-4A);

A list of SJO charges can be found at CGS 46b-120(10) or at www.francarino.com/SJOList.htm.

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A child convicted of an SJO charge:

✓ cannot obtain a pistol permit (CGS §29-28 or §29-36f);

✓ faces a maximum commitment of 4 years rather than 18 months (CGS §46b-141) and may be subject to 1 year mandatory minimum placement (CGS §46b-140);

Consequences of SJO Charges

✓ four not two year period required for erasure (CGS §46b-146);

✓ can be convicted of criminal possession of a firearm or electronic defense weapon (CGS §53a-217), criminal possession of a pistol or revolver (CGS §53a-217c), criminal possession of body armor (CGS §53a-217d);

✓ is not eligible for Youthful Offender status in the adult criminal court (CGS §54-76b(2)(B);

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Confidentiality of juvenile information and exceptions to the

general rule

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General Rule: Everything in juvenile court is confidential Confidentiality

Exceptions:

Certain information may be available to:

✓ State agencies involved with the child; ✓ Law enforcement agencies; ✓ Superintendent - if a student is arrested for a felony, class A

misdemeanor or possession of a facsimile firearm; ✓ Victims; ✓ Persons with a legitimate interest; ✓ Department of Motor Vehicles; ✓ The public if arrested for a capital or class A felony; ✓ The public if an escapee or subject of a felony warrant; ✓ Adult bail and sentencing reports;

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Exception #1:

Information about any juvenile case may be shared with law enforcement and prosecutorial officials conducting criminal investigations.

(CGS § 46b-124(c)(iv))

Confidentiality

Juvenile information disclosed to law enforcement may not be further disclosed.

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Exception #2:

The name, photograph and custody status of any juvenile arrested for the commission of a capital felony or class A felony may be disclosed to the public.

(CGS § 46b-133(a))

Confidentiality

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Exception #3:

Information concerning a juvenile who has escaped from a detention center or from a facility to which he has been committed by the court or for whom an arrest warrant for a felony has been issued may be disclosed by law enforcement officials.

(CGS § 46b-124(f))

Confidentiality

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Regardless of when or where they occur.

Exception #4:

The police must report to the superintendent of the school district, where an enrolled student between the ages of seven and twenty one resides or attends:a. all felony arrests; b. class A misdemeanor arrests; c. arrest for a violation of CGS §53-206c (possession/sale of a facsimile firearm);

(CGS § 10-233h)

Confidentiality

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Exception #4 cont’d:

(CGS § 10-233h)

Confidentiality

! not later than the end of the weekday following such arrest, orally notify the superintendent of schools of the identity of such person and the offense or offenses for which he was arrested and ! within seventy-two hours of such arrest, provide written notification of such arrest, containing a brief description of the incident

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Exception #5:

A police officer may appear and testify regarding an arrest at a school expulsion hearing if requested.

(CGS § 10-233h)

Confidentiality

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Victims: May appear before the court to make a statement about the disposition of the case (CGS §46b-138b) May have limited access to the juvenile’s delinquency file (CGS §46b-124(e)) May be present at all court hearings unless specifically excluded (CGS §46b-122)

Confidentiality

Victim’s rights are accessible only through the court! Any information disclosed cannot be further disclosed without a specific court order.

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Exception #6:

Confidentiality

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Information that a child has been convicted for: • deceit in obtaining or using an ID card (§1-1h(e)); • improper use of license or registration (§14-147(c)); • operating w/suspended or revoked license (§14-215(a)); • reckless driving (§14-222); • engaging police in pursuit (§14-223(b)); • evading responsibility or racing (§14-224(a), (b) or (c)); • misrepresenting age to procure liquor (§30-88a); • possession of alcohol by a minor (§30-89(b));

will be disclosed to the DMV for administrative sanctions (CGS § 46b-138b)

Exception #7:

When in doubt…

Don’t release!!!Refer all inquiries for juvenile information to the court.

Tip:

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Legal requirements and tips for interviewing juveniles

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The key difference between the rules is that:! For juveniles under age 16 – having a parent or

guardian present is a requirement for the admissibility of the juvenile’s admission, confession or statement. !

! For 16 year olds (for crimes committed on or after 1/1/10) or 17 year olds (for crimes committed on or after 7/1/12), the presence of a parent or guardian is a right that may be waived subject to review by the court using the “totality of the circumstances” test.

There are now different rules applicable to statements of juveniles under age 16 and those that are 16 or 17.

Taking a statement from a juvenile

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Any admission, confession or statement, written or oral, made by a child under age 16 to a police officer or Juvenile Court official shall be inadmissible in any proceeding concerning the alleged delinquency of the child making such admission, confession or statement unless made by such child in the presence of his parent or parents or guardian and after the parent or parents or guardian and child have been advised: 1. of the child's right to retain counsel, or if unable to

afford counsel, to have counsel appointed for them; 2. of the child's right to refuse to make any statements;

and 3. that any statements he/she makes may be used

against him/her. CGS § 46b-137(a)

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Any admission, confession or statement, written or oral, made by a 16 or 17 year old child to a police officer or Juvenile Court official shall be inadmissible in any delinquency proceeding concerning the child making such admission, confession or statement, unless !(1) the police officer has made reasonable efforts to contact a

parent or guardian of the child, and (2) such child has been advised that:

(A) they have the right to contact a parent or guardian and to have them present during any interview,

(B) they have the right to retain counsel or, if unable to afford counsel, to have counsel appointed for them,

(C) they have the right to refuse to make any statement, and (D) any statement they make may be used against them.

CGS § 46b-137(b)

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If a 16 or 17 year old waives any of their rights, the court will apply the “totality of the circumstances” test to determine if the waiver was knowingly, willingly and voluntarily made.!The court will consider: 1. the age, experience, education, background and

intelligence of the child, 2. the capacity of the child to understand the required rights

and warnings, the nature of the privilege against self-incrimination, and the consequences of waiving such rights and privilege,

3. the opportunity the child had to speak with a parent, guardian or some other suitable individual prior to during the interview, and

4. the circumstances surrounding the interview.

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The presence of a parent is not required for statements taken from child witnesses and victims but is strongly recommended.

A spontaneous utterance made to a police officer will likely be inadmissible in court against the juvenile who made it.

An incriminating statement made by an accused juvenile, which might be inadmissible in court, should still be included in the police report.


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A school official, such as a principal, teacher or guidance counselor, may question a juvenile about suspected criminal conduct without advising the juvenile of his/her rights and without a having a parent/guardian present. !!As long as the school official is not acting as an

agent of the police.Due to family pressure and parental privilege not to testify in certain cases, written, signed, notarized statements should be taken from family members who are witnesses or victims.


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Tips for interviewing children:• Use words and phrases that they will understand;• Sit or kneel to speak with small children; play with them if

necessary;• Use aides such as anatomically correct dolls or drawings

where appropriate;• Use the child’s own words for describing conduct, actions,

feelings, objects or parts of the body; • Connect the adult or statutory language to the child’s words

in your report;• If a suspect is willing to speak, but not with a parent present,

suggest that the parent will eventually find out and they are less likely to overreact in the presence of an officer;

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Tips for interviewing children:

!

A young offender may never have been in trouble before and a young victim or witness may have never experienced an event as traumatic as what they have just gone through or witnessed. Therefore they may be scared and upset at the time of your interview.

When interviewing child suspects, victims and witnesses, recognize and take into consideration the existence of any mental illness, autism, or trauma related disorders.

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Domestic violence mandates for juvenile offenders

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Domestic violence mandates

Such mandates include: ✓ Mandatory arrest; ✓ Next day court appearance; ✓ Completion of certain forms; ✓ Ability to impose conditions of release;

Most are triggered by the commission of a “family violence crime.”

Domestic violence mandatesCGS §46b-38a defines “Family violence crime” as:!

1. a crime as defined in section 53a-24, other than a delinquent act as defined in section 46b-120, !

!

2. contains as an element of an act of family violence to a family or household member.

“Family violence crime” does not include acts by parents or guardians disciplining minor children unless such acts constitute abuse.

A “delinquent act” is a crime committed by an unemancipated person under the age of 18.

which, in addition to its ! other elements,

Family violence crime or parental discipline? You decide.

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Activity Offender Under 18!and not Emancipated

Offender 18 or Older!or Emancipated

Arrest Not Mandatory Mandatory for Family Violence Crime

Next Day Court Appearance

Not Mandatory unless required by specific court (NH & Wtby)

Mandatory for Family Violence Crime

Conditions of Release!

(JD-CR-146)Not set by police May be set by the

police

Family Violence Offense Report!

(DPS-230-C) Mandatory whether an arrest is made or not

Mandatory whether an arrest is made or not

Summary of Police Mandates

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Tips for dealing with the parents - you’re not just dealing with the juvenile

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Tips for dealing with the parents - you’re not just dealing with the juvenile;

Parents need to be informed of: ‣ their child’s rights; ‣what their child did; ‣who has been impacted by the child’s acts; ‣what the law says; ‣what they can expect to happen; Officers should also: ‣ attempt to provide information (not advice); ‣ explain the family’s options; ‣ refer for services when appropriate;

Francis J. Carino Supervisory Assistant State’s AttorneyOffice of the Chief State’s Attorney 300 Corporate PlaceRocky Hill, CT 06067Tel.: (860) 258-5826Fax: (860) 258-5858Voice Pager: (860) 490-0647E-mail: [email protected] CT Juvenile Law website: www.francarino.com

Prepared by:

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Documents

CIT Training - francarino.com · 1. transport the child home or to the home of any other person; 2. refer the child to juvenile court; 3. hold the child in protective custody for