Policy Text
Policy Delano Police Department
313 Delano PD Policy Manual
Temporary Custody of Juveniles
313.1 PURPOSE AND SCOPE
This policy provides guidelines consistent with the Juvenile Justice and Delinquency Prevention
Act for juveniles taken into temporary custody by members of the Delano Police Department (34
USC § 11133).
Guidance regarding contacting juveniles at schools or who may be victims is provided in the Child
Abuse Policy.
313.1.1 DEFINITIONS
Definitions related to this policy include:
Juvenile non-offender - An abused, neglected, dependent, or alien juvenile who may be legally
held for his/her own safety or welfare. This also includes any juvenile who may have initially been
contacted for an offense that would not subject an adult to arrest (e.g., fine-only offense) but was
taken into custody for his/her protection or for purposes of reuniting the juvenile with a parent,
guardian, or other responsible person. Juveniles 11 years of age or younger are considered
juvenile non-offenders even if they have committed an offense that would subject an adult to arrest.
Juvenile offender - A juvenile 12 to 17 years of age who is alleged to have committed an offense
that would subject an adult to arrest (a non-status offense) (Welfare and Institutions Code § 602).
It also includes an offense under Penal Code § 29610 for underage possession of a handgun or
concealable firearm (28 CFR 31.303).
Non-secure custody - When a juvenile is held in the presence of an officer or other custody
employee at all times and is not placed in a locked room, cell, or behind any locked doors. Juveniles
in non-secure custody may be handcuffed but not to a stationary or secure object. Personal
supervision, through direct visual monitoring and audio two-way communication is maintained.
Monitoring through electronic devices, such as video, does not replace direct visual observation
(Welfare and Institutions Code § 207.1(d); 15 CCR 1150).
Safety checks - Direct, visual observation personally by a member of this department performed
at random intervals within time frames prescribed in this policy to provide for the health and welfare
of juveniles in temporary custody.
Secure custody - When a juvenile offender is held in a locked room, a set of rooms, or a cell.
Secure custody also includes being physically secured to a stationary object (15 CCR 1146).
Examples of secure custody include:
(a) A juvenile left alone in an unlocked room within the secure perimeter of the adult
temporary holding area.
(b) A juvenile handcuffed to a rail.
(c) A juvenile placed in a room that contains doors with delayed egress devices that have
a delay of more than 30 seconds.
Copyright Lexipol, LLC 2019/12/06, All Rights Reserved. Temporary Custody of Juveniles - 1
Published with permission by Delano Police Department