Police Department Policy

GGPDE_312_-_Temporary_Custody_of_Juveniles_Pro_2773395

Garden Grove PD

Policy Text
Procedure 312Garden Grove Police Department Procedures Manual Copyright Lexipol, LLC 2022/06/27, All Rights Reserved. Published with permission by Garden Grove Police DepartmentTemporary Custody of Juveniles Procedures - 1Temporary Custody of Juveniles Procedures 312.1 PURPOSE AND SCOPE These procedures will serve as guidelines for handling juvenile arrests and juveniles who are detained for non-criminal misbehavior as specified in 601 of the Welfare and Institutions Code. 312.2 PETITIONS 312.2.1 IN-CUSTODY APPLICATION FOR PETITION Upon taking a juvenile into temporary custody for violations of 601 or 602 of the Welfare and Institutions Code, the officer shall release the minor to the custody of his parent, guardian, or responsible relative unless one or more of the following conditions exist. (a)Continued detention of the minor is a matter of immediate and urgent necessity for the protection of the minor or person or property of another. (b)The minor is likely to flee the jurisdiction of the court. (c)The minor has violated an order of the juvenile court. (d)The minor is physically dangerous to the public because of a mental or physical deficiency/disorder. The officer completes the Arrest Report (GGPD Form 303) and the Application for Petition (County of Orange Form F0502-4024.16). Three copies of the petition application and the Arrest Report are made for Juvenile Hall. Once completed, the officer signs the petition application and then transports the minor to Juvenile Hall. 312.2.2 NON-CUSTODY APPLICATION FOR PETITION When an officer arrests a juvenile for a criminal offense and releases the juvenile to a responsible adult, the officer then has one of two alternatives to check on the Arrest Report face page: (a)Petition (Referral to Juvenile Probation/Court) (b)Informal The Arrest Report will then be forwarded to the Youth Services Unit for review. 312.2.3 INFORMAL Provided a juvenile meets the qualifications for informal release, the officer may recommend any of the following actions: (a)Outright release with no further action (b)Diversion - Diversion may be recommended through F.Y.O.P. (Family and Youth Outreach Program) A Program of the Boy’s and Girl’s Clubs of Garden Grove, located in the Juvenile Justice Center. Officers may complete F.Y.O.P. form #1073 and recommend any of the following services: (a)Family/Individual/Gang Counseling Garden Grove Police Department Procedures Manual Temporary Custody of Juveniles Procedures Copyright Lexipol, LLC 2022/06/27, All Rights Reserved. Published with permission by Garden Grove Police DepartmentTemporary Custody of Juveniles Procedures - 2(b)Drug and Alcohol Education (c)Parenting Group (d)Juvenile Offender Education (e)Anger Management Group (f)Teenage Runaway Intervention Program (g)Truancy Reduction Program (h)Community Service (i)Graffiti Removal Program (j)Restitution (k)Other (As deemed by need) 312.2.4 FINAL DISPOSITION NON-CUSTODY APPLICATIONS FOR PETITION All requests for non-custody petitions shall be reviewed by the Youth Services Unit for final disposition. The assigned Youth Services investigator, upon reviewing the report, will consider the following factors in determining a final disposition. (a)The nature of the alleged offense (b)Age and circumstances of the juvenile (c)Juvenile's past record (d)Applicable community-based rehabilitation programs Apart from diverting to social service agencies or petitioning to court, the handling officer may choose informal arrest, diversion referral program or parental corrective action. Diversion from the juvenile justice system SHOULD NOT be considered in the following conditions: (a)The minor is in need of proper and effective parental control. (b)The minor is destitute, need of abode or necessities of life. Minor's home is unfit by reason of physical abuse. (c)Minor's detention is necessary for the protection of the minor or for the protection of the person or property of another. (d)Minor is likely to flee the jurisdiction of the court. (e)Minor has violated an order of the juvenile court. (f)Minor is physically dangerous to the public due to a mental or physical deficiency. (g)Minor was selected for a diversion program but has refused to participate or complete its conditions. Garden Grove Police Department Procedures Manual Temporary Custody of Juveniles Procedures Copyright Lexipol, LLC 2022/06/27, All Rights Reserved. Published with permission by Garden Grove Police DepartmentTemporary Custody of Juveniles Procedures - 3312.3 CITATIONS TO MINORS In lieu of taking a juvenile into custody, officers have the discretion to issue a written citation for traffic violations and eligible minor offenses. The particular court, either Juvenile or the West Justice Center, is listed as the court to hear specific offenses. For cases where multiple offenses are charged and all qualify for citation, if any one violation is to be heard in Juvenile Court, then that court takes precedence. All other offenses not listed in Sections Eligible for Citation are heard in Juvenile Court but must be submitted via an Application for Petition. JUVENILE VIOLATIONS ELIGIBLE FOR CITATION Juvenile Court Incident # West Justice Center Incident # VC 12500(a) ** All VC infractions No VC 21200.5 Yes VC 21221.5 Yes All VC misdemeanors not already listed at left** VC 23136 Yes VC 23140 Yes

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