Juveniles

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FOX CITY POLICE DEPARTMENT
POLICY AND PROCEDURES

Effective Date
01-01-2008

Policy Number
Policy 8-3

Reevaluation Date
2011

No. of Pages
15

Subject

JUVENILES

Special Instructions:

Replaces current policy Section II, Chapter X, dated 05-14-03

PURPOSE

The intent of the juvenile policy is to establish appropriate guidelines for handling juvenile suspects, victims, and witnesses. Guidelines addressing children in need of protection and police/school procedures are also outlined.
POLICY

The Fox City Police Department recognizes the need for cooperation with a variety of agencies to ensure the safety and well being of our children and the community. Preventing juvenile delinquency is the major priority of this policy, while at the same time addressing juvenile crime aggressively. Therefore, it is the policy of this department to actively identify, pursu,e and apprehend juvenile violators and to search for the most reasonable disposition in the best interest of the child and the community.
DEFINITIONS
Adult:

A person who is 18 years of age or older, except that for purposes of investigating or prosecuting a person who is alleged to have violated any state or federal criminal law or any civil law or municipal ordinance, “adult” means a person who has attained 17 years of age [ref. SS 48.02(1d)]

Capias:

An order of the court directing an officer to take a juvenile into physical custody for the purpose of bringing the juvenile before the court

Child:

A person who is less than 18 years of age, except that for purposes of investigating or prosecuting a person who is alleged to have violated a state or federal criminal law or any civil law or municipal ordinance, a “child” does not include a person who has attained 17 years of age

Guardian:

A person appointed by the court to be the guardian of a child and has the duty and authority to make important decisions in matters having a permanent effect on the life and development of the child and the duty to be concerned about the child's general welfare

Habitual Runaway:

A juvenile who has been reported to the Fox City Police Department as a run away from home 5 or more times

Habitual Truant:

A pupil who is absent from school without an acceptable excuse for part or all of a school semester

Non-Secure Detention:

A non-secure place of temporary care and physical custody for children (Foxmoore County Shelter Care)

Secure Detention Facility:

A locked facility approved by the State of Wisconsin’s Department of Corrections for the secure, temporary holding in custody of children (Foxmoore County Secure Detention)

Truancy:

Any absence of part or all of one or more days from school during which the school attendance officer, principal, or teacher has not been notified of the legal cause of such absence by the parent or guardian of the absent pupil
PROCEDURES
1. Response to Calls for Service Involving Juveniles
  
  In general, officers should handle calls for service that involve juveniles in the same manner in which they would handle calls involving adults. At times, it may be necessary to modify the officer’s approach in a manner that best suits the situation.
2. 1. Calls for service on or around school property
  2. 1. Officers will respond to a school when dispatched, as the school resource officer may be unavailable to handle the situation. The officer dispatched will be assigned to handle all aspects of the call.
    2. The officer’s first contact will be at the school office unless emergency circumstances dictate otherwise.
    3. When relevant and upon completion of the investigation, the officer will submit a copy of the report to the school resource officer.
  3. Interviewing juveniles in the school setting.
    
    Aside from the above outlined situation, officers may need to speak to a juvenile as part of an ongoing investigation or other police matter; they will adhere to the following guidelines for contacting juveniles during school hours on school property.
  4. 1. Conduct interviews at school only when deemed necessary and with the permission of the principal or his/her designee.
    2. If practical, officers should attempt to coordinate their interview with the school resource officer assigned to the school where they are making contact.
    3. Before making contact with a juvenile at the school, an officer shall report to the school office and advise school personnel of the officer’s intent.
    4. Absent an emergency or concerns of safety, school personnel will summon the student to the office or other designated area to meet with the officer.
    5. Interviews shall be conducted in such a way as to minimize school disruptions.
    6. Interviews should be conducted in a private, confidential setting if possible.
  5. Apprehensions of juveniles on school property
  6. 1. Absent a situation as described in paragraph 1 above, in-school apprehensions should be used only when exigent circumstances exist or as a last resort when apprehensions elsewhere are not feasible.
    2. The principal or other responsible school official will be notified, and the assistance of the school resource officer should be sought, if practical.
    3. The apprehension is to be conducted in such a manner that disruptions are kept to a minimum.
3. Taking Juveniles Into Physical Custody
  
  This section does not apply to the temporary detention of juveniles by an officer for the purposes of on-scene questioning and initial investigation.
4. 1. Officers have the authority to take a juvenile into custody in any of the following circumstances:
  2. 1. A warrant has been issued for the juvenile.
    2. A capias has been issued for the juvenile.
    3. A court order specifies that the welfare of the juvenile demands that the juvenile be immediately removed from his or her present custody.
    4. Circumstances in which an officer believes on reasonable grounds that any of the following conditions exists:
    5. 1. A capias or warrant for the juvenile's apprehension has been issued in this state, or that the juvenile is a fugitive from justice.
      2. A capias or a warrant for the juvenile's apprehension has been issued in another state.
      3. The juvenile is committing or has committed an act, which is a violation of a state or federal criminal law.
      4. The juvenile has run away from his or her parents, guardian, or legal or physical custodian.
      5. The juvenile is ill or injured, or in immediate danger from his or her surroundings and removal from those surroundings is necessary.
      6. The juvenile has violated the terms of court-ordered supervision or aftercare supervision administered by the department or a county department.
      7. The juvenile has violated the conditions of an order under Wisconsin Statute 938.21(4), or the conditions of an order for temporary physical custody by an intake worker.
      8. The juvenile has violated a civil law or a local ordinance punishable by a forfeiture. The juvenile shall be released as soon as practical as specified under paragraph C. - Holding a Juvenile in Custody.
      9. The juvenile is absent from school without an acceptable excuse.
  3. The officer taking a juvenile into physical custody will immediately attempt to notify the parent, or guardian and legal custodian of the juvenile by the most practical means.
  4. Juveniles will be handcuffed as specified in our Transport of Prisoners/Citizens Policy.
  5. Searches of juveniles taken into physical custody will be conducted as specified in the policy on Search and Seizure.
  6. Custodial interrogation of a juvenile will be conducted as specified in the Miranda Policy and the Electronic Recording of Custodial Interviews Policy.
  7. Officers shall document the approximate time the juvenile was taken into custody in their details if the situation warrants an incident report.
5. Holding a Juvenile in Custody
6. 1. Forfeiture/Ordinance Violations
    
    After the officer completes the investigation and issues the appropriate warning, citations or other disposition, the juvenile shall be released as specified below and as soon as practical.
  2. 1. If the juvenile is 17 years of age, the juvenile will be treated as an adult and may be released or confined in jail according to the Arrest Policy.
    2. Absent reasons for continued detention of the juvenile as covered in section B, juveniles shall be released from police custody as soon as practical and under the following circumstances. [WI Statute 48.20 (2) and (3)]
    3. 1. Juveniles aged 15 years of age or older can be released without adult supervision.
      2. Juveniles under 15 years of age may only be released to a parent, guardian, or responsible adult who is willing to take custody of them.
      3. If the juvenile is under 15 years of age and the parent, guardian, or a responsible adult is unavailable, unwilling, or unable to take custody of the juvenile, the officer shall contact juvenile intake.
  3. Non-Secure Detention (Shelter Care)
    
    Only a juvenile intake worker, judge, or court commissioner has the authority to order a juvenile held in non-secure detention. If there is probable cause to believe any of the following, an officer will contact a juvenile intake worker.
  4. 1. If the juvenile is not held, he or she will commit injury to the person or property of others.
    2. The juvenile’s parent, guardian, legal custodian, or other responsible adult is neglecting, refusing, unable, or unavailable to provide adequate supervision and care, and that services to ensure the juvenile's safety and well-being are not available or would be inadequate.
    3. The juvenile will run away or be taken away so as to be unavailable for proceedings of the court or its officers, or proceedings of the Division of Hearings and Appeals in the Department of Administration for Revocation of Aftercare Supervision.
    4. 1. If an intake worker authorizes placement in Shelter Care, the officer shall complete a Temporary Physical Custody Request.
      2. The officer shall transport the juvenile to Shelter Care and document the intake worker’s name and approximate time of the order of detention.
  5. Secure Detention
    
    Only a juvenile intake worker, judge, or court commissioner has the authority to order a juvenile held in secure detention.
  6. 1. If officers feel they have criteria warranting placement of a juvenile in secure detention, they shall call juvenile intake. If there is a dispute as to whether or not the juvenile shall be placed in secure custody, officers will explain to the intake worker how they have met the criteria for placement in secure detention. The intake worker has final authority in this matter.
    2. If an intake worker authorizes placement in secure detention, the officer will complete a Temporary Physical Custody Request.
    3. The officer will transport the juvenile to the Foxmoore County Jail Juvenile Detention Facility and document the intake worker’s name and approximate time of the order of detention.
    4. In some instances, a juvenile intake worker will have completed a custody order directing the confinement of a juvenile to secure detention for a violation of court conditions or supervision. In these cases, the officer will transport the juvenile to the Foxmoore County Jail Juvenile Detention Facility with a copy of the order. No further report is required.
    5. Per Wisconsin State Statute 938.208, a juvenile can be held in secure detention under the following circumstances. Probable cause exists to believe that the juvenile has committed a delinquent act and presents substantial risk of running away so as to be unavailable for court or presents a substantial risk of physical harm to another person. The juvenile is considered to present a substantial risk of physical harm to another person if probable cause exists to believe that the juvenile has committed any of the following violations:
    6. 1. First Degree Intentional Homicide (940.01)
      2. First Degree Reckless Homicide (940.02)
      3. Felony Murder (940.03)
      4. Second Degree Intentional Homicide (940.05)
      5. Substantial or Aggravated Battery (940.19 (2)-(6))
      6. Mayhem (940.21)
      7. First Degree Sexual Assault (940.225(1))
      8. Kidnapping (940.31)
      9. Discharge of a Firearm from a Vehicle (941.20(3))
      10. Arson of Building or Damage of Property by Explosives (943.02(1))
      11. Carjacking w/Firearm (943.23(1g))
      12. Robbery (943.32(2))
      13. Harassment 947.013 (1t), (1v) or (1x))
      14. Sexual Assault of a Child (948.02(1) or (2))
      15. Engaging in Repeated Acts of Sexual Assault of a Child (948.025)
      16. Physical Abuse of a Child (948.03)
      17. The juvenile possessed, used, or threatened to use a handgun, short-barreled rifle, or short-barreled shotgun while committing a felony.
      18. The juvenile has possessed or gone armed with a short-barreled rifle or a short-barreled shotgun, or has possessed or gone armed with a handgun.
      19. The juvenile is a fugitive from another state or has run away from a secured correctional facility, a secured child-caring institution, or a secured group home, and there has been no reasonable opportunity to return the juvenile.
      20. The juvenile consents in writing to being held in order to protect himself or herself from an imminent physical threat from another, and such secure custody is ordered by the judge in a protective order.
      21. The juvenile was in Shelter Care and has run away or committed a delinquent act and no other suitable alternative exists.
      22. The juvenile has been adjudged or alleged to be delinquent and has run away from another county, and would run away from Shelter Care pending his or her return.
      23. The juvenile may be waived into adult court for committing an offense and is under 15 years of age.
  7. Alcohol
  8. 1. Alcohol consumption
      
      Officers who take a juvenile into custody whom they have determined consumed alcohol will release the juvenile to the parent or guardian, or a responsible adult who is willing to take custody of the juvenile if the parent or guardian is unavailable.
    2. Incapacitated by alcohol
      
      If it is believed the juvenile is incapacitated by alcohol, officers are to proceed as directed in the Emergency Detentions policy.
  9. Mental Health Emergency
    
    Officers will refer to the Emergency Detentions policy for juveniles who are suicidal, mentally ill, drug dependent, or developmentally disabled, and who exhibit conduct that the officers believe may result in physical harm to themselves or others. Officers are expected to make all reasonable effort to notify the juvenile’s parent or guardian of the situation.
  10. Medical Emergency
    
    If the juvenile is believed to be suffering from a serious physical condition, which requires either prompt diagnosis or treatment, the officer will have Fox City Rescue transport the juvenile to the hospital. Officers are expected to make all reasonable efforts to notify the juvenile’s parent or guardian of the situation.
7. Disposition of Juvenile Offenders
  
  An officer may warn and release a juvenile, issue a municipal citation, refer to teen court, or refer the juvenile to intake. In determining which type of enforcement action to take, officers shall consider the following:
8. 1. The nature of the offense
  2. The age and background of the offender
  3. The offender’s police record
  4. The welfare of the juvenile
  5. Recommendations of the victim of the offense
  6. Warn and release
  7. 1. An officer may warn or counsel the juvenile
    2. Write the laws of the ordinance that was violated
    3. Use behavioral worksheets
  8. Juvenile intake referral
    
    There are two types of referrals to juvenile intake. The actions taken by the court and juvenile intake may differ; however, for the purposes of addressing juvenile issues, the officer’s course of action is essentially the same.
  9. 1. Delinquency referral
      
      If a juvenile 10 years of age or older has committed a serious offense or has had repeated violations addressed by other means, a delinquency referral to juvenile intake is appropriate provided the offense involved would be a crime if committed by an adult. (Simple ordinance violations do not apply.)
    2. Juvenile In-need of Protection or Services (JIPS) referral
      
      Wisconsin Statute 938.13 specifies circumstances when the court may take action to provide protection or services for a juvenile. In some cases, the parent will need to report to juvenile intake and sign a petition. If officers are able to assist a parent or if the situation warrants it, a JIPS referral should be sent to juvenile intake. The following situations are grounds for a JIPS referral:
    3. 1. A juvenile under 10 years of age has committed a delinquent act (an act that would be a crime if committed by an adult). Wisconsin Statute 938.13(12)
      2. Habitual truancy – Wisconsin Statute 938.13(6)
      3. Habitual runaway – Wisconsin Statutes 938.13(7)
    4. In preparing a case for either type of juvenile referral, the following paperwork is required:
    5. 1. Incident Report
      2. Subject arrestee form
      3. DA/Juvenile Referral Form (If JIPS Petition, indicate statute number)
      4. Fox City Victim Information form. Include statements from victims, witnesses, and offender, when possible
      5. Details of the incident including, but not limited to, any restitution amount requested, attitude of offender, and any services the juvenile may be in need of
  10. Municipal ordinance citations
  11. 1. Juveniles age 17 and above are treated as adults.
    2. Juveniles 12 to 16 years of age may be issued a municipal citation with a juvenile court date and time.
    3. Juveniles under 12 may be referred to juvenile intake depending on the offense.
    4. Cases involving citations being issued for ordinance violations will require a incident report except for the following situations:
    5. 1. Disorderly conduct with a motor vehicle
      2. Curfew
      3. Loitering
      4. Possession of tobacco products by a juvenile
      5. Public trespassing
      6. Sale of cigarettes to a juvenile
      7. Trespass to parks
      8. Truant in public
  12. Traffic violations
  13. 1. Juveniles 16 to 17 years of age shall be treated as adults for the purposes of traffic law enforcement. A uniform traffic citation may be issued for the traffic violation. An adult court date and time is used. If the traffic offense involves a traffic crime as specified under Section II of the Uniform Traffic Bond Schedule, the citation will reflect a circuit court date and time with “Must Appear” indicated on the citation.
    2. Juveniles 12 to 15 years of age may be issued a uniform traffic citation with a juvenile court date and time. If the offense involves a traffic crime as specified under Section II of the Uniform Traffic Bond schedule, a referral to juvenile intake is needed.
    3. Juveniles age 11 or under who commit a traffic offense will require referral to juvenile intake for prosecution.
9. Teen Court
  
  Teen Court is a program that provides an alternative to the traditional method of addressing minor ordinance violations. This program can result in dismissal of the municipal charge if the offender fulfills the sentence imposed by Teen Court, which could include community service, letters of apology, writing an essay, etc. If the offender fails to fulfill the sentence of the Teen Court, he or she will receive the normal sentence imposed by the municipal court.
10. 1. Teen Court referrals are generally limited to first-time offenders; however, the court will review second-time offenders on a case-by-case basis.
  2. Teen Court referrals are limited to juveniles 12-16 years of age who commit ordinance violations such as theft, disorderly conduct, damage to property, curfew, etc.
  3. The juveniles must agree to admit to their guilt and accept the sentence of the teen jury.
  4. If police officers deem that a juvenile offender is a suitable candidate for Teen Court, the officers will complete a Teen Court referral and submit it along with the municipal citation.
  5. Teen Court referrals will not be made unless a municipal ordinance citation is issued.
11. Truancy
  
  The policy of the Fox City Police Department is to aggressively pursue truants and determine a proper disposition.
12. 1. Habitual Truancy
    
    School resource officers will issue habitual truancy citations upon referral by school officials. All citations for habitual truancy are issued through municipal court where appropriate tracking procedures are in place. Habitual truancy citations require:
  2. 1. A citation
    2. Incident reports
    3. Details
    4. A copy of the student’s attendance record
    5. In extreme cases, JIP Referral
  3. Truant in Public
    
    Truant in Public is an ordinance violation for which officers may cite school-age students who are out in public during normal school hours. Truant in Public citations require:
  4. 1. A citation
    2. No case report
    3. Details
13. Uncontrollable Juveniles
  
  At times, officers will be dispatched to handle complaints from a juvenile’s parent/guardian in which the juvenile is deemed “uncontrollable.” Often, these calls will not constitute a law violation, but rather a problem involving discipline and/or parental control. Officers should attempt to assist the parents whenever possible to resolve the problem and may use any of the following options.
14. 1. Counsel the juvenile
  2. Mediate the situation
  3. Transport the child to Crisis Center with a parent following in a separate vehicle
  4. Suggest to the parent that the parent contact juvenile intake to request a petition for an uncontrollable juvenile under WI Statute 938.13(4)
15. Children In Need of Protection or Services (CHIP’s)
  
  Officers may be called upon to investigate allegations of abuse or neglect occurring in a child’s home. In cases where an officer substantiates the following situations, a referral should be made to Child Protection under WI Statute 48.13.
16. 1. A child is without a parent or guardian
  2. A child has been abandoned
  3. A child has been the victim of abuse
  4. A child has a self-inflicted injury
  5. A child is receiving inadequate care during the period of time a parent is missing, incarcerated, hospitalized, or institutionalized
  6. A child whose parent, guardian, or legal custodian neglects, refuses, or is unable for reasons other than poverty to provide necessary care, food, clothing, medical or dental care, or shelter so as to seriously endanger the physical health of the child
  7. A child who is suffering emotional damage for which the parent, guardian, or legal custodian is neglecting, refusing, or unable for reasons other than poverty to obtain necessary treatment or to take necessary steps to improve the symptoms.
  8. A child who is suffering from an alcohol or other drug abuse impairment, exhibited to a severe degree, for which the parent, guardian, or legal custodian is neglecting, refusing, or unable to provide treatment.
  9. Per WI Statute 938.19(1)(d)(5), officers are authorized to take a juvenile into custody if the officer has a reasonable belief that the child suffers from illness or injury, or is in immediate danger from his or her surroundings.
  10. If an officer takes custody of a juvenile under circumstances described in paragraph 9 above, the officer shall, as soon as practical, call or page Foxmoore County Child Protection and report the situation.
  11. When a juvenile is not taken into custody, a copy of the police report and all accompanying details will be forwarded to the Foxmoore County Human Services Department Child Protection Unit within 12 hours of completing the investigation. This excludes weekends and holidays.
17. Reporting Abuse
18. 1. Wisconsin Statute 48.981(3)(b)3 states “If the sheriff or police department determines that criminal action is necessary, the sheriff or police department shall refer the case to the district attorney for criminal prosecution. Each sheriff and police department shall adopt a written policy specifying the kinds of reports of suspected or threatened abuse, as defined in s. 48.02(1)(b) to (f), that the sheriff or police department will routinely refer to the District Attorney for criminal prosecution.”
  2. Officers will investigate complaints of the following crimes and routinely refer the case to the district attorney if the elements of the investigation warrant such action.
  3. 1. Sexual Assault (940.225)
    2. Sexual Assault of a Child (948.02)
    3. Engaging in Repeated Acts of Sexual Assault of the Same Child (948.025)
    4. Sexual Assault of a Child Placed in Substitute Care (948.085)
    5. Sexual Exploitation of a Child (948.05)
    6. Permitting, Allowing, or Encouraging a child to engage in Prostitution (944.30)
    7. Causing a Child to View or Listen to Sexual Activity (948.055)
    8. Exposing Genitals or Pubic Area (948.10)

This policy is for internal use only and does not enlarge an officer’s civil or criminal liability in any way. It should not be construed as the creation of a higher standard of safety or care in an evidentiary sense, with respect to third party claims. Violations of this policy, if proven, can only form the basis of a complaint by this department, and then only in a non-judicial administrative setting.