Policy Text
San Francisco Police Department 7.01
GENERAL ORDER Rev. 05/07/08
POLICIES AND PROCEDURES FOR JUVENILES DETENTION,
ARREST, AND CUSTODY
The purpose of this order is to set policy and procedures regard ing arrest, detention,
shelter bookings, and diversion of juveniles.
I. POLICY:
It is the policy of the Sa n Francisco Police Department that all members shall treat
individuals with respect and courtesy regardless of age or social status, and shall
comply with all relevant General Orde rs, including but not limited to General
Order 5.15 (Enforcement of Immigrati on Laws), General Order 5.17 (Policy
Prohibiting Biased Policing) and Genera l Order 5.20 (Language Access Services
for Limited English Speaking Persons). Members of the San Francisco Police
Department have a unique opportunity to influence the lives of children and
youth. Members shall seek partnerships with families, schools and juvenile-
centered groups to prevent and solv e problems affecting children and youth.
When detaining, arresting or taking a j uvenile into temporary custody members
shall choose the alternative that least restricts the juveni le’s freedom of
movement, provided that altern ative is compatible with the best interests of the
child and the community .
Members shall protect the constitutional ri ghts of all individuals with whom they
come into contact regardless of age. Ever y juvenile shall be treated in accordance
with all applicable laws. Airport Bureau members will comply with the contents
of this order, however, since the Airp ort Bureau utilizes San Mateo County
Juvenile Facilities, these members will comply with exceptions to this order
defined in Airport Bureau General Order 97-013.
II. DEFINITIONS:
A. JUVENILE: Any person under 18 years of age.
B. CHILD: Any person under 14 years of age.
C. INFANT: Any person under 2 years of age.
D. DEPENDENT: Any person under the age of 21 who is under the
jurisdiction of the Juvenile court because of parental abuse, neglect, or abandonment.
E. GUARDIAN: Adult responsible in the absence of a parent.
F. MINOR: Any person under 21 years of age
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Rev. 05/07/08
G. EXIGENT CIRCUMSTANCES:
Exigent circumstances are defined as s ituations that requ ire deviation from
procedures, such as a threat to life, safety, or proper ty, a fleeing suspect, or the
potential loss or destruction of evid ence. (e.g., physical loss of property,
witness or victim.)
III. PROCEDURES: Members should avoid bringing juveniles into any police
facility (including district stations) that contain a lockup for adults. Members
should make reasonable efforts to investigate, facilitate release, or arrange transfer
of the juvenile from the field or from juvenile facilities su ch as Huckleberry
House, Community Assessment and Refe rral Center (CARC), and Juvenile
Justice Center (JJC- formerly YGC). Only after a member has made reasonable efforts from the field or from juvenile- centered facilities such as Huckleberry
House, CARC, and JJC to investigate, facili tate release, or arrange for transfer of
the juvenile, may a member bring a juvenile to a police facility that contains a
lockup for adults. In the extraordinary circumstance that requires a member to
bring a juvenile to a poli ce facility containing a lockup for adults, the member
shall strictly comply with the following procedures:
A. EMERGENCY OR TEMPORARY SHELTER (300 W&I). Members shall
take all juveniles detained for emerge ncy or temporary shelter to the Child
Protective Services (CPS) for medical sc reening and placement. Detention for
emergency or temporary shelter is a ppropriate when any of the following
conditions exist:
1. The juvenile is in immediate need of medical care.
2. The juvenile's physical environment poses an immediate threat to the
juvenile's health or safety.
3. A juvenile left unattended poses an immediate threat to the juvenile's
health or safety. Prior to detaining the juvenile, members shall attempt to contact the juvenile's parent or guard ian to determine if the parent or
guardian is able to take custody of the juvenile.
4. The juvenile is in immediate da nger of physical or sexual abuse.
5. The juvenile has been ordered by juven ile court to be temporarily removed
from the custody of his or her parent s and a member has reason to believe
that the juvenile has violat ed an order of the juvenile court or has left any
placement ordered by the juvenile court.
6. WRITTEN STATEMENT: When the juvenile has been taken into
temporary custody pursuant to Section 305 W&I, officers shall take
reasonable steps to inform the parent , guardian, or responsible person, that
the juvenile has been taken into prot ective custody. Further, the parent,
guardian, or responsible person shall be advised that a written statement is
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available which explains the parent’s or guardian’s procedural rights and
the preliminary stages of the depende ncy investigation and hearing. The
written statement is available through all public schools, probation offices,
and welfare offices.
B. TEMPORARY DETENTION: When taking a juvenile into temporary
detention under