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Applicable
To: All sworn employees |
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Approval
Authority: Chief Richard J.
Pennington |
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Signature: Signed by RJP |
Date Signed: 7/8/08 |
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To establish administrative and operational guidelines for handling juveniles by all employees of the Atlanta Police Department (APD). Given the special legal status of juveniles, criteria have been developed that govern when juveniles should or should not be taken into custody, interrogated, and temporarily detained once taken into custody. Additionally, procedures have been developed for the collection, dissemination, and retention of fingerprints, photographs, and other forms of identification, as well as handling juvenile records. These policies and procedures comply with and supplement Federal, State and Municipal laws.
2.1 The Atlanta Police Department is committed to the development and perpetuation of programs designed to prevent and control juvenile delinquency and deprivation. The Department will ensure that children whose well-being is threatened will be assisted, protected and restored, if possible, as secure law-abiding members of society. (CALEA 5th ed. 44.1.1)
2.2 When dealing with juveniles, police officers will always make use of the least coercive among reasonable alternatives, consistent with preserving public safety, order, and individual liberty.
3.1 Division, section and unit commanders will ensure that all employees under their command adhere to this policy.
3.2 All sworn supervisors are responsible for monitoring their subordinates, ensuring adherence to this directive, and taking immediate corrective action when necessary.
3.3 All sworn employees are responsible for being familiar with and abiding by this directive.
3.4 All employees and Departmental components share the responsibility for participating in or supporting the Department’s juvenile operations function. (CALEA 5th ed. 44.1.1.)
4.1.1 Juvenile Court has jurisdiction over any person under the age of 17 who:
1. is alleged to be delinquent;
2. is alleged to be unruly;
3. is alleged to be deprived (under 18);
4. is alleged to be in need of treatment or commitment as a mentally ill or mentally challenged child;
5. is alleged to have committed a juvenile traffic offense as defined in the OCGA §15-11-73;
6. has been placed under the supervision of the Court or on probation to the court prior to the individual's seventeenth birthday.
4.1.2 The Juvenile Court has concurrent jurisdiction with the Superior Court over a child who is alleged to have committed a delinquent act which would be considered a crime if tried in a Superior Court and for which the child may be punished by loss of life, or confinement for life in a penal institution.
4.1.3 The Juvenile Court has concurrent jurisdiction to hear and determine the issue of custody and support when the issue is transferred by proper order of the Superior Court.
4.1.4 The Juvenile Court may not initiate any new action against a juvenile for acts committed after they have reached the age of 17 years. After a child turns 17, the probation officer cannot file a Violation of Probation petition as no new charges can be made after the 17th birthday. The probation officer may file to have the probation revoked. Revocation of probation causes the disposition of the original case to be reconsidered. On revocation of probation, the options available to the court at the original disposition are available.
NOTE: Under Georgia law a child becomes an adult on the first second past midnight of the day prior to his/her birthday (Edmonds v. State 154 Ga. App. 650).
4.1.5 The Superior Court has exclusive jurisdiction over the trial of any child 13 to 17 years of age who is alleged to have committed any of the following offenses: OCGA 15-11-28 (b) (2) (a)
1. Murder
2. Voluntary manslaughter
3. Rape
4. Aggravated sodomy
5. Aggravated child molestation
6. Aggravated sexual battery
7. Armed robbery if committed with a firearm
4.1.6 Pending adjudication, a Regional Youth Detention Center will be the place of confinement for a child charged with a capital felony.
4.2 Officer’s Discretion / Alternatives to Arrest
4.2.1 An officer’s discretion is an essential function of effective law enforcement. Officers, when dealing with juveniles, should utilize discretion and use the least coercive actions among reasonable alternatives to effectively handle the juvenile and the particular set of circumstances in which the juvenile was encountered. In each case, an officer must act reasonably within the limits of his or her authority, as defined by statute and judicial interpretation. Discretion will be applied fairly and consistently. The following four alternatives will be considered when dealing with juveniles: (CALEA 5th ed.44.2.1)
1. Release the offender and take no further action;
2. Divert the offender to any number of social agencies;
3. Issue written citations.
4. In the case of serious offenders, refer the youth to Juvenile Court.
4.2.2 What is reasonable in terms of appropriate enforcement action or constitutes probable cause varies with each situation. Different facts may justify:
1. Outright release with no action at all. Informal counseling, verbal warning, referral to a social service agency, or parental notification may be appropriate in relatively minor incidents where property damage or personal injury is not involved and when the youth has had no prior contact with law enforcement authorities, but when intervention is necessary to avoid future delinquent actions. Examples of these incidents include: (CALEA 5th ed. 44.2.1a)
a. loitering
b. public use of alcohol (non motor vehicle)
c. disorderly conduct
d. being at a location that is potentially hazardous
2. A copy of charges
3. A referral to an appropriate agency. Issuing a juvenile complaint report in lieu of taking the youth in custody, may be required when the incident is more serious than those identified above, when the youth has received prior informal warnings or has engaged in previous delinquent acts; or when the youth’s parents or guardian has failed to provide appropriate control or supervision. Under such circumstances, officers will: (CALEA 5th ed. 44.2.1b)
a. transport the youth directly to his/her home or detain the youth at one of the precinct facilities for release to a parent or guardian;
b. initiate an Incident Report and Juvenile Complaint Report;
c. Transport truants as directed by APD.SOP.3191 “Truant Children.”
4. A referral to juvenile court (an arrest) (CALEA 5th ed. 44.2.1c).
Refer the offender to juvenile court for formal legal proceedings by taking the child into custody under the following circumstances:
a. pursuant to a court order;
b. for any felony, weapons violation, or for drug use, possession, or trafficking related offense;
c. when participating in gang related activities;
d. for repeat status offenses;
e. if committing delinquent acts while on probation or parole or with a case pending;
f. when there are reasonable grounds to believe that the child has run away from his/her parents, guardian, or other custodian;
g. if there are reasonable grounds to believe that the child has committed a delinquent act or to believe he/she is an unruly child;
h. all repeated delinquent acts (within preceding 12 months);
i. when a juvenile has refused to participate in a diversion program;
j. in cases in which it has been determined that parental supervision is not effective.
4.3.1 Police officers may issue a copy of charges in lieu of a physical arrest in most situations involving juveniles when the interest of the child is best served. Major felonies and situations involving violence will require a physical arrest. (CALEA 5th ed. 44.2.1b)
4.3.2 An officer will issue the juvenile a copy of charges to appear in court if:
1. The identity of the offender is determined;
2. Not physically arresting the juvenile would not present a danger to the public;
3. The charged offense is not listed under OCGA 15-11-28 and does not fall under OCGA §15-11-63, the Designated Felony Act;
4. It is determined that there is a likelihood the juvenile will appear in court as directed, based on the officer’s knowledge of one or more of the following:
a. the juvenile can be released to a parent or legal guardian who will accept full responsibility for ensuring the juvenile will appear in court when summoned;
b. the juvenile’s mental condition;
c. the juvenile’s past history of court appearances.
4.3.3 A Juvenile Complaint Form must be completed any time a juvenile is charged with an unruly or delinquent offense and any time a deprived child is taken into custody.
1. In many cases, private citizens can sign Juvenile Complaint Forms as the complainant or prosecutor. When this is the case and an officer takes the initial report, all paperwork will be forwarded to the appropriate juvenile court for further investigation. Upon completion of the court’s investigation, a petition may be issued.
2. The only exceptions are cases where a parent or guardian is charging their own child with unruly behavior, such as being a runaway. In those cases, the parent must go to the Juvenile Court and file a petition and have a Pick-up Order issued.
3. Even though a parent may request a pick-up order issue, federal regulations severely limit the detention of unruly children.
4.3.4 Prior to police officers issuing a copy of charges and releasing a juvenile to a parent or guardian, the police officer will first contact the appropriate juvenile authority to determine if a warrant is outstanding.
4.3.5 Police officers releasing a juvenile on a copy of charges will complete an incident report, a Juvenile Complaint Form (JUV-86-2) and an arrest citation. Court dates will be marked “JUVENILE.”
4.3.6 The defendant’s copy of the arrest citation will be given to the parent or legal guardian. The officer will explain the charges to the child and parent in complete detail. In addition, the officer will advise the child and the parent that the juvenile authorities will notify them as to the court date and other related actions. The officer will not attempt to advise on any court action.
4.3.7 The court copy of the arrest citation, the original Juvenile Complaint Form, and the incident report will be forwarded to the appropriate Juvenile Court.
4.3.8 The Atlanta Police Department’s copy of the arrest citation must be turned in to the supervisor at the end of the arresting officer’s watch.
4.4 Taking a Juvenile Into Custody/Arrests (11-16 Years of Age) (CALEA 5th ed. 44.2.2); OCGA 15-11-45 through OCGA 15-11-47
4.4.1 If an officer feels a juvenile should be taken into custody for violation of a local, state, or federal law, he or she must contact a Fulton County Juvenile Court Intake Officer for the final decision. Intake Officers are on call 24 hours a day, and their telephone numbers are available through the Department’s Communications Section. Every effort should be made to contact an Intake Officer from the scene. If this is not possible, the juvenile will be transported to the appropriate Juvenile Intake Area within a reasonable amount of time, unless the juvenile is in need of emergency medical treatment. If the juvenile is in need of medical treatment (e.g., appears to be under the influence of drugs and/or alcohol or is acting in a bizarre manner), the juvenile must be taken to Hughes Spalding Children’s Hospital for medical clearance prior to transport to the Juvenile Intake area. The Intake Supervisor/Staff will advise if further transports are needed.
4.4.2 If an officer develops probable cause against a juvenile and the act committed is a chargeable offense for an adult (not a status offense), the officer will:
1. Determine whether the juvenile is alleged to have engaged in other non-criminal or status offenses. (CALEA 5th ed. 44.2.2a)
2. Take the juvenile into custody and prepare an incident report, complete a Juvenile Complaint Form (JUV-86-2), a repeat offender information tracking form, and an arrest citation. Court dates will be marked “JUVENILE.” (CALEA 5th ed. 44.2.2a)
3. Determine whether the juvenile is alleged to have been harmed or to be in danger of harm. (CALEA 5th ed. 44.2.2b)
4. Ensure that the constitutional rights of the juvenile offender are protected. (CALEA 5th ed. 44.2.2c)
5. Bring the juvenile to the appropriate juvenile detention facility within
a reasonable amount of time (unless the juvenile is in need of emergency
medical treatment). Charges will be processed in the county in which the
alleged crime occurred. Final disposition of the case may be transferred to
the juvenile’s county of residence at the discretion of the adjudicating
court. (CALEA 5th ed. 44.2.2d) 6. Make reasonable efforts to notify the juvenile’s parent or legal custodian of the juvenile’s location and impending charges. (CALEA 5th ed. 44.2.2e)
7. Prior to transport, search, handcuff, or otherwise restrain the offender as necessary for officer safety.
8. Keep the juvenile separated from any incarcerated adults and maintain constant supervision while in the officer’s custody.
a. Fulton County Juvenile Court Intake (Fulton County)
Metro Regional Youth Detention Center 1300 Constitution Road Atlanta, Georgia 30316 Intake: (404) 730-1103 (Fulton County Intake) Intake: (404) 635-4434 (Metro RYDC Intake) Fax: (404) 635-4548
b. DeKalb County Juvenile Court Intake (DeKalb County)
3631 Camp Circle Decatur, Georgia 30032 Intake: (404) 294-2769 Intake: (404) 294-2765 Fax: (404) 294-2734
4.4.3 Absent exigent circumstances a juvenile will not be held in custody longer than 2 hours without the permission of the in-take officer. At that time, or if the processing has been completed, the Juvenile In-Take Officer will be contacted to determine if the release of the juvenile should be to the:
1. Parent or guardian;
2. Juvenile court officer;
3. Regional Youth Detention Center or other appropriate facility.
4.5 Notifying Department of Family and Children Services (CALEA 5th ed. 44.2.2b)
4.5.1 Officers must take immediate and decisive steps to protect children who appear to be the victim of physical abuse, physical neglect, sexual abuse, emotional maltreatment or in danger of being victimized. Priority treatment will be given to any juvenile that’s alleged to have been harmed, need emergency medical aid or is in danger of being harmed.
4.5.2 Contact with children who may suffer from neglect may be made during a traffic stop, the investigation of a criminal violation, the execution of a search warrant, or in response to a routine call for service.
4.5.3 When officers have reasonable grounds to believe that a child is suffering from illness or injury, or is in immediate danger from his/her surroundings and that his/her removal is necessary, the officer will:
1. Immediately place the child into protective custody.
2. Obtain medical attention for the juvenile if necessary.
3. Notify the Special Victims Unit.
4. Contact the DFACS Intake Officer during normal business hours (Monday-Friday, 8:00 AM to 5:00 PM) or the Communications dispatcher during non-business hours and request the on-call DFACS representative. Officers will notify DFACS as soon as practical to obtain assistance in securing the appropriate care and protection for the child.
5. If possible, officers and/or investigators will photograph the conditions that led to the protective custody. Officers will document the conditions observed in an incident report and whether pictures were taken or not.
4.6 Juvenile Traffic Citations / Arrest (CALEA 5th ed. 61.1.3b)
4.6.1 Juvenile Court has exclusive original jurisdiction over juvenile traffic offenses (OCGA §15-11-73). While the 12 traffic offenses listed are not handled as juvenile traffic offenses, they are handled by juvenile court as delinquency cases, and thus should not be referred to adult traffic court.
1. Homicide by vehicle.
2. Manslaughter resulting from the operation of a vehicle.
3. Any felony in the commission of which a motor vehicle is used.
4. Racing on highways and streets.
5. Fraudulent or fictitious use of a license.
6. Using a motor vehicle in fleeing or attempting to elude an officer.
7. Hit and run or leaving the scene of an accident.
8. Driving under the influence of alcohol or drugs.
9. Possession of a controlled substance or marijuana.
10. Submitting a false affidavit to APD relating to the operation of a motor vehicle.
11. Driving on a suspended or revoked license.
12. Any other offense for which driving privileges may be suspended or revoked for an adult.
4.6.2 The juvenile violator’s license will not be held as bond (OCGA §17-6-11).
4.6.3 In serious traffic cases or in cases where the juvenile has no license, an arrest is appropriate. The arresting officer will follow standard procedures for the processing of juveniles. An arrest report will be written making certain that the name and address of the juvenile, as well as the name of the officer, are legible.
4.6.4 If a juvenile has committed a minor traffic offense, see APD.SOP.4010, section 4.4.2.
4.7 Juvenile Procedure–Driving Under the Influence (DUI)
4.7.1 A juvenile who is arrested for DUI, who is sixteen years of age, and possesses a valid Georgia Driver’s License, is subject to the Georgia Implied Consent Law, and will be given the same rights as an adult. The juvenile is required to submit to a blood or breath test at Grady Hospital Detention Center just as an adult is. The arresting officer MUST be present during the drawing of the blood or the administering of the breath test. After the test is completed, the arresting officer will follow standard procedure for the arrest of a juvenile.
4.7.2 A juvenile without a valid driver’s license who is arrested for DUI, regardless of age, is not subject to the Georgia Implied Consent Law and cannot be given a blood or breath test, unless permission has been granted by the juvenile’s parent(s) or legal guardian. When contacting the parent or legal guardian is not possible due to location, time involved, or other circumstances that prohibit making contact, the arresting officer will follow standard procedure for the arrest of a juvenile. The court date will be marked “JUVENILE.”
4.8 Juvenile Law Enforcement Records
4.8.1 Law enforcement records and files concerning a juvenile will be kept separate from the records and files of arrested adults.
4.8.2 Inspection of juvenile records and files is permitted by law enforcement officers of this state or any other jurisdiction when necessary for the discharge of their official duties.
4.8.3 Any law enforcement records and files involving an offense which the superior court has exclusive jurisdiction as provided in OCGA Section 15-11-28 (b) (2) will be kept and reported in the same manner as the records of adults.
4.9 Fingerprinting and Photographing (CALEA 5th ed. 82.1.2 a,b)
4.9.1 Any juvenile, regardless of age, may be fingerprinted for comparison purposes when an officer has discovered latent fingerprints while investigating a crime and has probable cause to believe that they are those of that particular juvenile. If there is a positive comparison between the two sets of prints and the juvenile is referred to the court, all copies of the prints taken from the juvenile must be delivered to the court for its use and eventual disposition. If instead, there is a negative comparison and the juvenile is at least 13 years old, the fingerprints may be kept but separately from those of adults. If there is a negative comparison and the juvenile is under the age of 13 years, the fingerprints must be destroyed.
4.9.2 Every juvenile charged with an act, which would be a felony if committed by an adult, will be fingerprinted and photographed at the Atlanta Police Department’s Identification Unit. The officer who arrests a juvenile for a felony will advise the juvenile of his or her Miranda Rights concerning being taken to juvenile intake prior to being taken anywhere else as provided in OCGA Section 15-11-47.
4.9.3 Fingerprints and photographs of juveniles will be filed separately from those of adults when used in investigating the commission of crimes and will be made available as provided in OCGA Section 15-11-83 and as directed by the court.
4.9.4 Police employees will not make public the name or picture of any juvenile under the jurisdiction of the juvenile court for their first offense, unless authorized by the court.
4.10.1 Photographic Line-Ups: It is permissible to use a previously taken photograph (e.g., from a high school year book) of a juvenile suspect or non-suspect without having the permission of either the juvenile or parent/guardian. All photographs used must be of the same type (e.g., year book, portrait, Polaroid, snap-shot), size, and in color or black and white.
4.10.2 In-Person Line-Ups: Officers will obtain permission from both the juvenile and parent/guardian before a juvenile may be used in an in-person line-up. Although not required, the juvenile’s attorney may be present during the line-up.
4.10.3 Show-Ups: Immediately following the commission of an offense when a description of a juvenile offender is provided by the victim and/or witness(es), it is permissible to bring a juvenile suspect before the victim/witness for purposes of identification without having the permission of either the juvenile or parent/guardian.
4.11 Custodial Interrogations of Juveniles
4.11.1 When a juvenile is in custody and needs to be questioned, a
parent, guardian, or attorney must be present and participating. (CALEA 5th
ed. 44.2.3a) 1. Both the parent and child must understand and knowingly waive the juvenile's Miranda Rights and they must sign a rights waiver form. This procedure will be followed regardless of the juvenile's age, the charge, or whether or not the child is in custody.
2. In the absence of a parent or guardian and after reasonable attempts have been made to contact them, a juvenile may be questioned and may provide statements if reasonable assurances can be made that the juvenile fully understands his/her constitutional rights. However, every juvenile should be questioned in accordance with this policy.
4.11.2 The arresting officer has the responsibility to ensure that the parents/guardians are present during any arrest or custodial interrogations of juveniles with all statements of rights and waiver of rights signed by parents or guardians, legal counsel and by the juvenile.
4.11.3 Duration of Interrogation
1. The questioning of juveniles should not extend over periods of time that could be considered unreasonable or harassing. Questioning should be limited to 2 hours, absent exigent circumstances and should be conducted by one officer/investigator and one witness at a time if practical. (CALEA 5th ed. 44.2.3b)
2. At least once during each hour of questioning, the juvenile will be given the opportunity to take a “personal relief” break and will be offered water (or other non-alcoholic beverage) and some food if the child is hungry.
3. Officers must also be alert for any juvenile that may require medication.
4. All interviews of juveniles by CID employee will be tape-recorded.
4.11.4 Prior to any interrogation, the juvenile will be advised of his or her Miranda rights. Additionally, the Department of Juvenile Justice and Departmental policies regarding juveniles will be explained. (CALEA 5th ed. 44.2.2c)
4.11.5 A juvenile voluntarily and knowingly waiving his or her rights depends on the totality of the circumstances at the time the statement is obtained. Federal case law from the 11th Circuit Court of Appeals set out nine factors to be considered when determining if a juvenile’s statement should be admitted:
1. Age of the juvenile;
2. Education of the juvenile;
3. Knowledge of the juvenile as to the substance of the charge and their right to consult with an attorney and to remain silent;
4. Whether the juvenile is held without being allowed to consult with relatives, friends, or an attorney;
5. Whether the juvenile was questioned before or after formal charges are filed;
6. Methods used in questioning;
7. Length of questioning;
8. Whether the juvenile refused to voluntarily give statements on prior occasions; and
9. Whether the juvenile has rejected an extra judicial statement at a later date.
4.12 Youth Development Center (YDC) or Regional Youth Detention Center (RYDC) Escapees
4.12.1 Whenever an officer arrests or picks up a YDC/RYDC escapee, he or she will report the circumstances in an incident report. Whenever an arrest is made, the arrest ticket must be turned in at the appropriate YDC/RYDC or Juvenile Intake office.
4.12.2 When a juvenile residing in Fulton County is arrested for committing a crime in Fulton County and the officer determines the juvenile is also a YDC/RYDC escapee, the officer will transport the juvenile to the Metro Regional Youth Detention Center. In the narrative section of the incident report, the officer will give details relating to the juvenile being an escapee. Fulton County Juvenile authorities will be responsible for notifying the appropriate youth development center as to the wanted juvenile’s location.
4.12.3 If the YDC/RYDC escapee is not a resident of Fulton County, and has been arrested for any crime (except for the offenses outlined in section 4.1.5) committed in Fulton County, the juvenile must be transported to the nearest RYDC. The officer will submit the following papers to the RYDC:
1. Copy of the pick-up order, if any.
2. Copy of the incident report. In the narrative section of the incident report, explain in detail the crime committed in the City of Atlanta. Include as much information on the victim, witnesses, etc., as possible.
3. Copy of the Juvenile Complaint Form.
4. The arrest ticket (take to the Metro Regional Youth Detention Center).
4.12.4 When an Atlanta officer determines, either through an investigation or a juvenile pick-up order, that a juvenile is a YDC/RYDC escapee, and the juvenile is not under arrest for a crime committed in Fulton County, the juvenile must be transported to the nearest Regional Youth Detention Center, regardless of county of residence. The officer must submit to the RYDC a copy of the incident report and the pick-up order, if any.
4.12.5 The nearest RYDC’s are the Metro Regional Youth Development Center (Fulton County), DeKalb Regional Youth Development Center (DeKalb County), or Marietta RYDC (Cobb County) (depending on which zone the situation takes place in). The arresting officer will advise radio that transportation is required for a YDC/RYDC escapee from the officer’s location to the Metro RYDC, Marietta RYDC, or the DeKalb Regional YDC. The Communications dispatcher will contact the Cobb County Police or the DeKalb County police and arrange for a meeting at the appropriate county line to transfer the escapee.
1. Marietta Regional YDC is located at: 1575 County Services Parkway Marietta, Georgia 30008 Phone: (770) 528-4247 Fax: (770) 528-4261
2. DeKalb Regional YDC is located at:
2946 Clifton Springs Road Decatur, Georgia 30034 Phone: (404) 244-2183 Fax: (404) 244-5779
4.13.1 Outside agencies, such as the Juvenile Court of Fulton County, the Juvenile Court of DeKalb County, the Department of Family and Children Services (DFACS), the Metro Juvenile Detention Center, the Youth Development Centers (YDC) and other juvenile diversionary programs will be encouraged to review and comment on the development of Departmental policies and procedures relating to juveniles. (CALEA 5th ed. 44.1.2)
4.14 Deprived Child and Arrest of Children under age of 11
4.14.1 The Department of Family and Children Services (DFACS) provides an emergency shelter for deprived children residing in Fulton County who have not reached their eighteenth birthday. In addition, the agency provides for any child under age eleven, primarily residing in Fulton County, that is taken into custody on criminal or delinquency charges.
4.14.2 Any officer placing a deprived child in protective custody must have prior authorization from a juvenile court judge or his or her designee as provided in OCGA Section 15-11-48.
4.14.3 Any deprived child who is under the age of 18, who resides in Fulton County, and who is taken into protective custody by an APD officer, will be transported to the Fulton County Emergency Shelter. The Metro Regional Youth Detention Center will not accept any deprived child regardless of age. The police officer must still contact the Metro Regional Youth Detention Center and advise the Juvenile Intake Officer of the name, age and circumstances for taking the juvenile into protective custody. The Juvenile Intake Officer will note the aforementioned information in an “Affidavit of Efforts” and will fax the affidavit to the shelter for prior notification.
4.14.4 Any delinquent child who is under the age of 11, who resides in Fulton County, and who is taken into protective custody by an APD officer, will be transported to the Fulton County Emergency Shelter. The Metro Regional Youth Detention Center will not accept children under the age of 11, unless there are extenuating circumstances such as when a shelter will not accept them and a judge approves the request for the Metro Regional Youth Detention Center to accept them. Note: It is the responsibility of the Juvenile Intake Officer to contact the on-call judge and to obtain approval.
4.14.5 Once the juvenile has been transported to the shelter, a copy of the related police reports and the arrest tickets (if applicable) must be taken to the Metro Regional Youth Detention Center, Intake Section. At the Juvenile Intake office, the officer will complete the Juvenile Complaint Form. The police officer will clearly state in the narrative of all reports that the child was turned over to the Fulton County Shelter for appropriate disposition.
4.14.6 Children under the age of one residing in Fulton County will be taken to Hughes Spalding Hospital for a medical examination. After determining that the child must be taken into protective custody, the police officer will contact the shelter by phone, give the details of the situation, relate the officer’s intentions, and request that a caseworker meet the police officer at Hughes Spalding Hospital. When a telephone is not available to the officer, the above information and request will be relayed to the shelter through TAC Radio. If a caseworker is not immediately available at Hughes Spalding to take charge of the child, the officer will remain with the child until a caseworker is available.
Hughes Spalding Children’s Hospital 35 Jesse Hill Jr. Dr SE Atlanta, GA 30303 Phone: (404) 616-6402
4.14.7 When protective custody or protective service is needed for children over the age of one, but under the age of eighteen, and a resident of Fulton County, the police officer will contact the shelter by telephone, when possible, and give details of the situation and request assistance. In some cases, the police officer might be advised to remain at the scene until a caseworker arrives to evaluate the situation. If no criminal charges are involved, the caseworker will take charge, and the police officer will give assistance, when requested. In most cases, however, the police officer will be advised to transport the child to the shelter.
4.14.8 Deprived children under the age of eighteen and delinquent children under the age of eleven residing outside of Fulton County, who are taken into protective custody by the Atlanta Police, will be transported as follows:
1. Clayton, Cobb, DeKalb, and Gwinnett counties provide twenty-four-hour juvenile service. An Atlanta officer taking custody of a child residing in one of these four counties will arrange transportation for the juvenile to the appropriate juvenile facility located in the child’s county of residence.
2. During the day watch and evening watch, Carroll, Cherokee, Coweta, Douglas, Fayette, Forsyth, and Henry counties provide juvenile services. The officer taking custody of a child residing in any of these seven counties will attempt to arrange transportation for the child to the appropriate juvenile facility located in the child’s county of residence.
3. Children residing outside the metro area counties listed above will be transported to the Fulton County Shelter.
(CALEA 5th ed. 44.2.5)
4.15.1 The Department has several juvenile programs in place that are outlined in APD.SOP.3192 “PAL”, the Weed and Seed and APD.SOP.5180 “School Detectives” Policies.
4.15.2 The Support Services Division (SSD) commander will conduct an annual review and written evaluation of all enforcement and prevention programs relating to juveniles. He or she will maintain these reviews for five years and will forward copies to the Chief, Assistant Chief, division commanders, Planning and Research/Accreditation Unit (PRAU).
4.15.3 All reviews will be purged according the Records Retention Policy.
4.15.4 The evaluation will consider both the quantitative and qualitative elements of each program, lending itself to decisions regarding whether each specific program should continue to function as is, be modified, or be discontinued. (CALEA 5th ed. 44.1.3)
4.15.5 The Planning and Research/Accreditation Unit (PRAU) will be solicit written reviews and comments from other elements of the Department of Juvenile Justice (e.g., the Department of Family and Children Services (DFACS), Regional Youth Detention Center (RYDC), and the Juvenile Courts) when developing and/or revising policies and procedures relating to juveniles. The information contained in the reviews will be considered for inclusion into policies dealing with juveniles. The PRAU will maintain the documentation.
4.16.1 Officers will patrol their beats to protect children at risk and in violation of the curfew. Officers will encourage children to comply with the curfew. Children under parental supervision or on legitimate errands are exempt from the curfew as contained in the City ordinance. When the officer finds a child in violation of the curfew and determines that it is necessary to remove the child, do the following:
1. If the child lives in the officer's sector and the parents or guardian are home, take the child home and:
a. if charges are not appropriate, turn the child over to the parent or guardian and complete a Field Interview Form.
b. if charges are appropriate, issue a copy of charges to the parent or guardian, complete an offense report, and deliver the child to the parent or guardian, if appropriate.
2. If the child does not live in the officer's sector; or a parent or guardian is not home; or it is not appropriate to leave the child with the parent or guardian; the officer will complete a Field Interview Form and deliver or transport the child to a Community Services officer.
3. Officers will indicate on their Daily Activity Sheet the number of children sent home, taken home, and turned over to the Community Services officer.
4. Community Service officers will obtain a copy of the Field Interview Form, and contact the parent or guardian instructing them to come to the Police Athletic League (PAL) Center (535 Hill Street, SE) to pick up the child.
5. The Community Services officer will conduct an investigation of the situation once the parent or guardian arrives and will issue charges and release the children to the parent or guardian as appropriate.
6. If the child cannot be released to the parent or guardian, the Community Services supervisor will contact the appropriate child service agency to arrange for proper care of the child.
7. Community Services Officers will educate children and their parents through existing programs about the curfew and the dangers involved with placing themselves at risk.
4.17 Juveniles as confidential sources (See APD.SOP.5160 “Confidential Source”)
5.1 Adult – Any individual who is not a child.
5.2 Child – Any individual who is under the age of seventeen (17) years; or under the age of twenty-one (21) years and has committed an act of delinquency before reaching the age of 17 years and have been placed under the supervision of the (juvenile) court; or under the age of eighteen (18) years if alleged to be a “deprived child.”
5.3 Custodian – A person, other than a parent or legal guardian, who stands in ‘loco parentis’ (in place of the parent) to the child, or a person to whom legal custody of the child has been given by order of the court. Such a person has the right to physical custody of the child, the right to determine the nature of the care and treatment of the child, including ordinary medical care, and the duty to provide for the care, protection, training, education, including the physical, mental and moral welfare of the child.
5.4 Delinquent Child – A juvenile who has committed a delinquent act (a crime other than a status offense) and is in need of treatment or rehabilitation.
5.5 Deprived Child – A child who:
1. Is without proper parental care or control, subsistence, education as required by law, or other care or control necessary for the child’s physical, mental, or emotional health or morals.
2. Has been placed for care or adoption in violation of law.
3. Has been abandoned by his or her parents or other legal custodian.
4. Is without a parent, guardian, or custodian.
5.6 Department of Family and Children Services (DFACS) – A county social service agency mandated by state statutes to receive and investigate reports of suspected child abuse or neglect.
5.7 Emergency Protective Services – A unit of DFACS that operates twenty-four hours a day which serves as the point of entry for all child abuse and neglect referrals. They also provide social services to families where abuse and neglect exist.
5.8 Emergency Shelter – A home for children in need of safekeeping who cannot remain in their own home because of severe neglect, abuse, or lack of supervision.
5.9 Juvenile – An individual under the age of seventeen years, or an individual under eighteen years of age for allegations of deprivation.
5.10 Petition – A formal written document issued by Juvenile Court authorities, alleging delinquency, deprivation, or unruliness of a child. Any person, including a law enforcement officer, who has knowledge of the situation, may file a petition.
5.11 Pick-Up Order/Order For Apprehension – An order signed by a judge authorizing that a child be taken into custody.
5.12 Status Offense - Behavior that is illegal for a juvenile but legal for an adult. (e.g., truancy, running away from home, unruliness).
5.13 Truant Child – Any child subject to compulsory school attendance found away from home and absent from school without lawful authority or a valid written excuse from school officials. Children of ages 7 through 15 are subject to compulsory school attendance.
5.14 Unruly Child – A juvenile who is truant from school, is habitually disobedient to his or her parents, has committed a status offense, or has run away from home.
APD.SOP.3190 “Juvenile Procedures”, that went into effect April 1, 2007.
Commission on Accreditation for Law Enforcement Agencies, Inc. 5th ed. standards: 44.1.1, 44.1.2, 44.1.3, 44.2.1, 44.2.2, 44.2.3, 44.2.5, 61.1.3b, 82.1.2a, and 82.1.2b.
Georgia Criminal Law and Motor Vehicle Handbook, 2003 ed. §15-11-2, §15-11-28, §15-11-45, §15-11-47, 15-11-48, §15-11-63, §15-11-73, §15-11-83, §16-11-132, §17-6-11, §39-3-1, §39-3-7.
APD.SOP.3191 “Truant Children” APD.SOP.3192 “Police Athletic League” APD.SOP.5180 “School Detective Unit” Atlanta City Code 17-7002 |