Police Department Policy

BUENAPPD_312_-_Juveniles_356241

Buena Park PD

Policy Text
CATEGORY DATE ADOPTED LAST REVIEW NEXT REVIEW 2 11/27/2015 04/12/2023 04/12/2025 BUENA PARK POLICE DEPARTMENT GENERAL ORDERS ________________ GO 324 - Juvenile s 1 POLICY 324 JUVENILES 324.1 PURPOSE AND SCOPE This policy addresses the custody and detention of juveniles. The decision to place a juvenile into custody may be based on sound and independent judgment, the totality of the circumstances, available evidence, the best interest of the juvenile, current juvenile law , or Juvenile Court policy. For the purposes of this policy, juvenile refers to individuals under the age of 18. See juvenile and minor as further de scribed in section 324.1.2 . 324.1.1 ACCREDITATION STANDARDS This policy pertains to the following CALEA Standards: 1.1.3, 1.2. 5, 44.1.1, 44.1.3, 44.2.1, 44.2.2, 44.2.3 , 71.3.1 324.1.2 DEFINITIONS Juvenile : For the purposes of this policy , a juvenile is any individual who is under the age of 18. Juvenile Court Jurisdiction : For juvenile s to fall under the jurisdiction of the juvenile courts, they must be between 12 and 17 years of age inclusive whe n they commit a violation of a criminal law or ordinance , except as noted below in Minor in Juvenile Court Jurisdiction . Juvenile Field Contact : A field contact with a juvenile not resulting in custody. Protective Custody : Juveniles falling under all applicable Welfare & Institutions Code (WIC) § 300 including abused, neglected, and abandoned juveniles. This includes a juvenile taken into custody for his/her protection or for purposes of reuniting him/her with a parent, guar dian, or other responsible person. Non-Secure Custody : Juveniles in temporary custody who do not meet the criteria for secure custody (WIC 207.1(d)). Minor : A juvenile under 12 years of age at the time of contact or offense. Minor in Juvenile Court Juri sdiction : A minor falls under the Juvenile Court jurisdiction for the crimes of murder or forcible rape, sodomy, oral copulation , or sexual penetration. In all other criminal contacts, they must be released to their parents or guardians . Secure Custody : Juveniles in temporary custody held in secure detention, such as in a locked room, physically secured to a stationary object or reasonably restrained as necessary to prevent escape and to protect the juvenile and others from harm. Temporary C ustody : Per Title 15 , means the juvenile is not at liberty to leave the law enforcement facility. CATEGORY DATE ADOPTED LAST REVIEW NEXT REVIEW 2 11/27/2015 04/12/2023 04/12/2025 BUENA PARK POLICE DEPARTMENT GENERAL ORDERS ________________ GO 324 - Juvenile s 2 324.2 POLICY The Buena Park Police Department is committed to keeping j uveniles safe while they are in temporary custody . The Department is als o committed to keeping juveniles in temporary custody only for as long as reasonably necessary for processing, transfer, or release, and to release them as soon as reasonably practicable. 324.3 FIELD CONTACTS When a n officer stops a juvenile in the field for interview and release s him/her at the scene, the officer should complete a Field Interview entry into the Records Management System (RMS) , or may choose to complete an incident report if the situation warrants. 324.3.1 FOUND MISSING PERSON / RUNAWAYS While it is not a crime to be a runaway, the Department will make every effort to find a reasonable resolution for the parties involved. In many cases, the Department will provide non -secured custody for up to four hours for found juveniles who have responsible adults available locally. If the custody period of the found juvenile will extend beyond four hours, the runaway may need to be transported to Orangewood or another approved shelter until a parent/gu ardian can be located or given time to respond. 324.3.2 CITATIONS Where allowed by law, officers should issue a citation rather than take juveniles into custody. A n officer may issue a juvenile a citation for a misdemeanor or City munici pal code violation and release him/her at the scene. Officers may take a juvenile into protective custody if requested to do so by a parent or legal guardian in order to transport the juvenile home or to the station to await a parent. 324.3.3 INTERVIEWS / INTERROGATIONS No interview or interrogation of a juvenile should occur unless the juvenile has the apparent capacity to consent, and does consent , to an interview or interrogation. If the juvenile is 1 7 years of age or younger , WIC 62 5.6(a) mandates the following: a) Prior to a custodial interrogation and before the waiver of any Miranda rights, a youth 17 years of age or younger shall consult with legal counsel in person, by telephone, or by video confere nce. The consultation may not be waived. b) The officer responsible for conducting an interrogation of a juvenile should assure the environment is not overly coercive. To

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