Policy Text
POLICY
198.0JUVENILE PROCEDURES
REVISED: 11/2011 RELATED POLICIES:
Reviewed by Chief David Magnusson
5/2019
A.PURPOSE:
1.This chapter describes the circumstances under which juveniles will become the
subjects of a contact with police, and provides guidelines for officers to follow
with regard to juveniles. Florida State Statutes, and the "Florida Juvenile
Handbook" issued to the Police Department by the Florida Department of
Juvenile Justice shall be referred to for additional guidance in juvenile matters.
2.During juvenile related encounters, officers shall keep in mind that the intention
of juvenile law is to divert as many delinquents as practical from the formal
aspects of the Criminal Justice System into counseling, warning, mentoring or
other alternative situations.
B.EMANCIPATION/ADJUDICATION EXEMPTION
1.No person under 18 years of age shall be treated or regarded as an adult by
officers unless documentation of "emancipation" to adulthood or "adjudication" to
adulthood is readily available, such as a teletype confirmation or court order.
2.Juveniles who are legally emancipated are not subject to "status" offenses, and
shall be treated in the same manner as adults in all police matters.
3.Juveniles who have been officially adjudicated as adults will be treated as adults
only in relation to custody, booking and detention procedures.
4.Arrests of juveniles suspected of being adjudicated or emancipated require the
arresting officer to submit an Arrest Form. Jail personnel will then attach the
Adult Probable Cause Affidavit to the top copy of the Juvenile Probable Cause
Affidavit without assigning it a FL number. The blue copy from the Adult
Probable Cause Affidavit will be pulled and sent to Records. The top copy of the
Juvenile Probable Cause Affidavit and the Adult Probable Cause Affidavit will be
sent with the juvenile to the Juvenile Intervention Facility.
C.LAW ENFORCEMENT CONTACTS WITH JUVENILES
1.Ill Or Injured Juveniles
a.Regardless of the purpose of contact, the summoning of medical attention
for an ill or injured juvenile or the application of first aid will be done
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without unnecessary delay and the incident must be documented.
b.Also, refer to EPPD Policy 410, Injured Prisoners.
2.Delinquent Behavior
Officers are encouraged to warn and disperse juveniles that they find engaged in
inappropriate activities, disturbances or other non-criminal misbehavior.
Whenever practical, officers should advise the appropriate parent/guardian of the
incident.
3.Traffic Citations/Juvenile
a."Criminal" traffic infractions require the officer to book the juvenile
offender through EPPD Booking and then release the juvenile to an adult.
b.All other traffic citations will be issued to juveniles in the same manner as
adults.
D.CRIMES/INCIDENTS LEADING TO CUSTODY
1.Endangered Children
Officers taking juveniles into protective custody should also see Policy 215, Child
Abuse Neglect and Abandonment.
2.Under Age "Status" Offenses
For incidents of Truancy, Runaway and Curfew violations, officers will be guided
by the following:
a.Truants - (§ 984.13 (1) (b) Fla. Stat.)
(1).An officer has the authority to take a truant juvenile under the age
of 16 into custody in order to transport him or her to the
appropriate school.
(a).A report (an offense report, F.I. Card) shall be completed
detailing any such action.
(b).Truants shall not be placed in secure detention or otherwise
mixed or associated with juveniles being held for criminal
or non-status violations.
(c).All truants shall be searched for weapons prior to being
transported.
(2).Officers have the following options and responsibility regarding
truants, runaways or children beyond the control of the parent,
guardian or legal custodian:
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(a).release to Juvenile Intervention Facility/Truancy Site
(b).release to School
(c).release to parent, guardian, legal custodian or responsible
relative
(d).release to an approved family in need of services or child in
need of services provider
1).Pursuant to an order of the circuit court based upon
sworn testimony before or after a petition is filed
under § 984.15 Fla. Stat.
2).by a law enforcement officer when the child
voluntarily agrees to or requests services pursuant
to § 984.15 Fla. Stat. or placement in a shelter
(e).Abandoned, abused or neglected children will be assisted in
the manner described under “Child Abuse and Neglect".
Following such release as described above, the officer taking the child into
custody shall make a full written report to the intake officer at the Department of
Juvenile Justice at the intake center.
b.Runaways - (§ 984.13 (1)(a) Fla. Stat.)
(1).After verification that the child is missing, law enforcement
officers have the authority to pick-up a