Policy Text
POLICY
199.0JUVENILE CURFEW VIOLATIONS
REVISED: 11/2011 RELATED POLICIES:
Reviewed by Chief David Magnusson
5/2019
A.POLICY:
During the investigation of any curfew violation, the El Portal Police Department will
have the following as its foremost goals:
1.The best interests of the health and welfare of the juvenile violator.
2.The promotion and enhancement of parental control and cooperation.
3.The decrease, elimination, or prevention of juvenile criminal activity.
B.PROCEDURE:
It will be the responsibility of each sworn officer to be knowledgeable of the Village
Ordinance as it pertains to the Juvenile Curfew Ordinance. For those under the age of 16,
the curfew hours are 11 p.m. - 5 a.m. Sunday - Thursday, 12 a.m. - 6 a.m. Friday,
Saturday and Holidays. While the Juvenile Curfew Ordinance provides an effective tool
for dealing with juveniles at risk, it is not a criminal action, but a civil proceeding. It will
be used in conjunction with both the prohibited hours of curfew ordinance and any
criminal charges. The Department and personnel will maintain its concern for individual
dignity, respect and fairness as in any other citizen contact.
1.Officers, upon contact with a possible juvenile violator, will ascertain the purpose
of their presence and that the violators are not protected by one of the exceptions
in the Ordinance.
2.If no exceptions to the ordinance exist, custody of the juvenile and enforcement
may be taken. The officer will then request an Offense Report number for a
Juvenile Curfew Violation.
3.A Juvenile Curfew Violation Report will be completed in its entirety for each
individual curfew violator.
a.If more than one juvenile is in violation with respect to the same incident,
only one offense report number is required.
b.Copies of the Curfew Violation Report will be distributed as follows:
(1).Copy to Records Division.
(2).Copy to Youth Services.
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(3).Copy to holding facility or person taking custody (parent, legal
guardian or responsible adult)
4.If a juvenile is arrested for any criminal charges during curfew hours, they will be
taken into custody and charged with the crime(s) and processed according to
existing Policy. Using the same Offense Report number, a curfew violation report
will also be completed and forwarded to Records and Youth Services.
5.The initial step will be for the parent or legal guardian to respond and take
custody of the violator. Whenever possible have them sign the Curfew Violation
Report and give them a copy. The identity of the parent, legal guardian or
responsible adult must be reasonably verified. If they refuse to sign, note the
refusal on the report. Notifications made, the completed report will be forwarded
to the Records and Youth Services Divisions.
6.A juvenile detained for a curfew violation, must be released to the care of a
parent, legal guardian or responsible adult on scene or transported to his/her
residence to be released to a parent, legal guardian or responsible adult or to a
holding facility as expeditiously as possible, not to exceed two hours.
a.The officer detaining the juvenile will make all reasonable efforts to
contact the parents, legal guardian or responsible adult and to have them
respond immediately.
b.If contact cannot be made, the juvenile will be transported to a holding
facility or to the violator's residence if the juvenile is deemed to be able to
care for themselves. A supervisor will make the final determination
whether to leave the violator at his residence unsupervised. In making the
final determination, the violator's age, circumstances surrounding the
detention, any known past history, runaway incidents, physical or mental
handicaps or any other known and relevant information shall be taken into
consideration.
c.If the officer is not able to contact the parents or guardian and is not able
to drop off violator at holding facility, but must go to the station, the
juvenile must remain out of both sight and sound of those criminally
charged. Under no circumstances are they to be detained in any holding
cell or locked area. After all efforts are made and no aforementioned
locations or persons are able to assist and the determination is made that
the violator cannot be left unsupervised, the Department of Children &
Family Services will be contacted for temporary custody. This contact
will only be made in the most unusual cases, e.g. the very young,
handicapped, criminally abused or neglected.
7.Upon taking custody of the juvenile violator, a Supervisor will be notified and
responsible for the completeness of the report and the disposition of the violator.
If the officer is not able to contact the parent within two hours after the violator is
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taken into custody or if the parent refuses to take custody of the violator, the
officer may transport the violator to his residence or proceed as authorized under
Part III of Chapter 39 Florida Statutes.
a.The officer taking the violator into custody will update the supervisor
when necessary and will not release the violator without advising a
supervisor of the nature of the release, e.g. to holding facility, parents or
legal