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HomeMy WebLinkAboutPolicy 411 - Juvenile ProceduresOSHKOSH POLICE DEPARTMENT POLICIES AND PROCEDURES TITLE: JUVENILE PROCEDURES POLICY SERIES: 411 Effective Date: August 31, 2018 Date Issued: 8/16/2018 Chief of Police: Dean Smith (Signature on File) Date Signed: 8/16/2018 Statutory References: WI Statute §938 and §48 CALEA Standard: 44.1.1, 44.1.2, 44.1.3, 44.2.1, 44.2.2, 44.2.3, 44.2.4, 44.2.5, 61.1.2, 82.1.2 61.1.3, WILEAG Standard: 6.6.3, 6.6.4 Final Review Date: 8/16/2018 Review By: Command Staff / Juvenile Intake / Department of Human Services Rescinds Policy Dated: March 13, 2014 Directive 400 Recording Juvenile Interrogations SECTION DESCRIPTION 411.01 Policy 411.02 Juvenile Operations 411.03 Definitions 411.04 Taking a Juvenile into Custody 411.05 Traffic Violations 411.06 Release of Juveniles from Police Contact 411.07 Release of Juveniles on Civil Law or Ordinance 411.08 Notification of Parents or Guardians 1 411.09 Release to Responsible Parties 411.10 Physical, Mental or Drug/Alcohol Problems 411.11 Second Chance Schooling 411.12 Determination of Physical Custody 411.13 Authorization of Temporary Physical Custody 411.14 Custodial Interview/Interrogation and Non - Custodial Interviews of Juveniles 411.15 Child Abuse and Neglect 411.16 Juvenile Capias 411.17 72 Hour Custody Order 411.18 Transporting Juveniles to a Detention Facility 411.19 Procedures for Transporting Juveniles from Secure Detention when a Parent Does Not Arrive 411.20 Searching a Juvenile 411.21 Fingerprints, Photographs and Other Identification 411.22 Restraints 411.23 Juvenile Records 411.24 Relinquishing Custody of Newborns Appendix A Report of Child Abuse/Neglect Form Appendix B Guide for processing Juvenile Offenses Appendix C Fond Du Lac County Jail Pre -Custody Form 411.01 POLICY A. Police officers in the State of Wisconsin are bound by Chapter 938 of the Juvenile Justice Code, and Chapter 48 of the Children's Code when dealing with juvenile offenders. Officers must consider the interests of the public and the interests of the child's parent or guardian, but are expected to give weight to the best interests of the child. The juvenile justice system attempts to respond to a juvenile offender's need for care and treatment, delinquency prevention, each juvenile's best interest and protection of the public. B. Although court intake workers formally authorize the holding of a juvenile in physical detention, police officers must determine whether the child will be referred to the juvenile court system. The officer is expected to take a child into 2 custody only when appropriate, and then to release that juvenile as soon as possible, when appropriate. 411.02 JUVENILE OPERATIONS A. All officers of the Oshkosh Police Department are trained in and expected to enforce the Juvenile Justice Code. All employees are responsible for supporting and participating in the agency's juvenile operations. The Department will also maintain a juvenile operations component staffed primarily by Police School Resource Officers under the direction of the Criminal Investigations Division Sergeant. B. The functions of the Juvenile operations component will include without limitation: 1. Design and implementation of programs to prevent and control delinquent and criminal behavior by juveniles. 2. Follow-up processing of juvenile arrests. 3. Coordination and preparation of court cases in which a juvenile offender is involved. 4. Diversion of juvenile offenders out of the juvenile justice system and the adjustment of cases as appropriate. C. Juvenile operations are further defined in Policy 402 Juvenile Liaison Services. The component will be assisted in its prevention activities by the D.A.R.E. program. D. The CID Sergeant shall prepare a written report evaluating all juvenile enforcement programs during the month of November of each year. The Crime Prevention Officer shall conduct a similar evaluation, with an accompanying report, for juvenile prevention programs. Following the review of these documents by the Chief of Police, a decision may be made to modify, implement, or eliminate programs. E. The Oshkosh Police Department acknowledges the experience and expertise of 3 other social service organizations in the application of Wisconsin's Children's Code. The Professional Standards Division Lieutenant shall request yearly review and comment concerning all 400 series policies and procedures from juvenile justice agencies to include at least the Winnebago County Juvenile Intake Office and the Winnebago County Department of Human Services. F. The Department also acknowledges and promotes the longstanding participation of its officers, individually and under the auspices of their professional associations, in community youth recreation and assistance programs. The Department will maintain and support a Police Explorer Program coordinated by an officer and/or supervisor. Officers are also encouraged to consult colleagues and supervisors when a need for youth programs is identified. 411.03 DEFINITIONS A. Adult: Person 18 years of age or older, except that for purposes of 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. B. Capias: A judicial writ that directs the Sheriff or law enforcement officer to take a child into custody for secure or non -secure detention in order to insure that the child will be presented before the court at a specified time. A capias is usually issued when a defendant has failed to appear before the court or when the judge has determined that the issuance of a summons would be ineffective. C. Juvenile: A person who is less than 18 years of age, except for the purposes of prosecuting a person who is alleged to have violated a state or federal criminal law or any civil or municipal ordinance. Juvenile does not include a person who has attained 17 years of age, unless the person is being processed as a juvenile is a runaway or in need of protection and services. D. Children Alleged to be in Need of Protective Services: Those juveniles who come within the jurisdiction of the juvenile court under Section 938.13. This statute is primarily to be used by the Department of Human Services. E. Court: The court assigned jurisdiction over juveniles under Chapter 48 and 938.183(2). 4 F. Delinquent Act: An act committed by a juvenile that would be a crime, i.e. a misdemeanor or a felony, if the act had been committed by an adult. G. Delivery to the Intake Worker: The intake worker may interview the juvenile over the telephone if it is believed by the police officer and the intake worker that the juvenile does not need to be placed in secure detention. However, when the police officer and the intake worker concur that a juvenile may need to be held in secure detention, the intake worker must personally interview the juvenile. This interview can be held at a mutually agreed upon location. If the hour or distance is unreasonable, the intake worker may authorize detention over the telephone and have a personal interview at a later time, provided the interview is by 8:00 a.m. the next morning. H. Detention: The temporary holding of a juvenile in physical custody pending the appearance of the juvenile before a court that exercises juvenile jurisdiction. I. Emergency Change of Placement: If a child has been placed outside of the home, an emergency change of placement can be made by the person or agency primarily responsible for implementing the disposition order, i.e. social worker or Department of Human Services. 48.357(2). If the juvenile is under a TPC order only an intake worker can make a change of placement. J. Holding a Juvenile in Custody: The point where a juvenile, after having been taken into custody by a law enforcement officer, is physically detained by that officer. K. Incapacitated by Alcohol: 51.45 (2)(d) - Means a person, as a result of the use of or withdrawal from alcohol, is unconscious or has their judgment otherwise so impaired that they are incapable of making a rational decision as evidenced objectively by such indicators as: extremely weakened physical condition, physical harm or threats of harm to themselves or to any other person, or to property. L. Intoxicated: 51.45(2)(f) - A person whose mental or physical functioning is substantially impaired as a result of the use of alcohol. M. Juvenile Intake Worker: A person assigned to provide intake services for the 5 juvenile court. This person determines whether or not a juvenile will be placed in physical custody and whether or not the juvenile should be placed in a non -- secured or a secured detention facility. Intake workers also receive and process all law enforcement referrals. N. Legal Custody: A status granted by the court whereby a person, agency, or department has legal rights, duties, and/or responsibilities in regard to the care of a juvenile. This grant of legal custody may be subject to duties, rights, and responsibilities of a parent, a guardian, or any provision of another court order. A custodian who has physical custody of a juvenile may not necessarily have legal custody of that child. O. Mental Illness: S51.01(13)(b) - For purposes of involuntary commitment: a substantial disorder of thought, mood, perception, orientation, or which grossly impairs judgment, behavior, capacity to recognize reality, or ability to meet the ordinary demands of life, but does not include alcoholism. P. Municipal Ordinance Citation: A paper presented to a juvenile who has violated a local ordinance or statute adopted by local ordinance which contains a pleading of essential facts and applicable law combined with a demand for judgment. The paper notifies the person cited of the violation and requests that the person appear in court at a specified time. A municipal ordinance citation may be issued to a juvenile who is 12 years of age or older and has violated a civil law or an ordinance which is punishable by a forfeiture. However, consideration should be given to the seriousness of the offense and the juvenile's history of prior contacts with law enforcement prior to making the determination to issue a municipal citation or to initiate a Juvenile Court Referral. Q. Non -Secured Detention: Holding the juvenile in an approved facility which is not locked and which is not secure. R. Physical Custody: A situation where the custodian has actual custody over the person, but may not have legal custody granted with a court. S. Relative: A parent grandparent, stepparent, brother, sister, cousin, nephew, uncle or aunt. This relationship may be by consanguinity or direct affinity. 6 T. Responsible Adult: A person who is at least 18 years of age and who demonstrates a sufficient amount of maturity and responsibility that the officer reasonably believes that the person is capable of assuming responsibility for the juvenile when the juvenile is released from the officer's custody. U. Runaway: Those juveniles who have left their home or place of detention without sufficient authority or authorization from their parent(s), guardian, legal custodian, or the court. A juvenile may be referred on a habitual runaway charge if they have been absent from the home of a parent, relative, guardian, or legal custodian with whom the juvenile resides without an acceptable excuse. The parent, guardian, or legal custodian must be willing to sign a petition and attest in court that reconciliation effort have been attempted and failed. To be considered a habitual runaway, a juvenile must have been absent from the home without an acceptable excuse under one of the following circumstances: one occasion more than 12 hours, more than one occasion, with at least one of those occasions being in excess of four hours or more than five times. A juvenile under a TPC order who is absent from his/her placement without an acceptable excuse shall be deemed a runaway and may be taken into physical custody. A juvenile cannot be charged with runaway from a foster home, group home, or a shelter care facility. V. Secured Detention Facility: A locked facility which is used for the holding of juveniles and which is approved by the Department of Corrections. A county jail is used as a secured detention facility for juveniles when the county jail meets the requirements of Wis. Stats. Section 938.209. W. Shelter Care Facility: A non -secured facility, licensed by the Department of Health and Family Services or the Department of Human Services, for the temporary care and physical custody of a juvenile. X. Substantial Risk of Physical Harm: Where the statements or actions of the juvenile indicate the presence of danger to the juvenile or others. Y. Taking a Juvenile into Custody: When an officer, in the exercise of authority, deprives a juvenile of their liberty. 7 411.04 TAKING A JUVENILE INTO CUSTODY A. Under the Juvenile Justice Code, an officer may take a juvenile into custody when that officer either has judicial authority to take that juvenile into custody or the officer reasonably believes that the juvenile has committed a delinquent act or has in some manner come within the jurisdiction of the juvenile court. B. In addition, an officer shall take a juvenile into custody when the department is requested to pick up a juvenile after receiving a Caseworker/Intake Worker Custody Hold for Violation of Court Order Form (411.18). 1. The officer may take a juvenile into custody when there is a judicial warrant, capias, or other order in the officer's possession that authorizes the officer to take the juvenile into custody. When the officer does not have possession of the judicial writ, but reasonably believes that either a warrant or capias has been issued in this State or in another State for that juvenile, the officer may take the juvenile into custody. Officers may also apprehend and transport a juvenile to school when the person has been ordered by a court into the Winnebago County Second Chance Program. 2. When an officer does not have the prior judicial authorization to take a juvenile into custody under (1) above, officers may do so when they reasonably believe: a. That the juvenile is committing or has committed a delinquent act b. That the juvenile has run away from a parent, guardian, or legal or physical custodian; c. That the juvenile is suffering from illness or injury or is in immediate danger from their surroundings; d. That the juvenile has violated terms of a court ordered supervision or TPC order; e. That the juvenile has violated the conditions of a continuation in the custody order issued under Section 48.21(4); or 8 f. That the juvenile has violated a civil law or a local ordinance which is punishable by a forfeiture shall be released immediately or as soon as possible. 411.05 TRAFFIC VIOLATIONS If a juvenile is 16 years of age and has violated a traffic law, the officer shall treat that child in the same manner as an adult who has violated that traffic law. For juveniles age 12 to 15, a municipal citation shall be issued, except when the traffic violation is a part 2 traffic crime. In that case, a court referral and report are required. For juveniles under 12 years of age, a court referral and report are mandatory. 411.06 RELEASE OF JUVENILES FROM POLICE CONTACT A. In dealing with juvenile offenders, officers must use the least restrictive of reasonable alternatives consistent with preserving public safety, order and individual liberty. Apart from diverting juveniles to other social service agencies or juvenile courts, police officers have a range of alternative remedies that they may employ. B. Officers should consider verbal warnings delivered at scenes of incidents, at homes or the safety building; informal referrals/diversions; consulting with and arranging for corrective action by parents; and dropping or amending charges as appropriate. C. Officers shall release the juveniles as soon as possible when release is considered to be the appropriate means of handling a situation. 1. Release of juveniles OVER 15 years of age a. Juveniles 15 years of age or older may be released on their own responsibility when the officer reasonably believes that the juvenile is responsible, the juvenile will return home, the appropriate identification for the juvenile has been confirmed and that the juvenile does not seem to require immediate adult supervision. b. The officer need not release a person 15 years of age or older on their own responsibility if the officer believes that the juvenile is not capable 9 of handling such responsibility. c. For persons under 16, who are being released between 11:00 p.m. and 6:00 a.m., officers must attempt to contact parents or guardians before the child is released. 2. Release of juveniles UNDER 15 years of age a. When an officer takes custody of a juvenile who is under 15 years of age who will not later be taken into formal physical custody, the officer may not release that child until the parents, guardian, or other legal custodian or a responsible adult accepts responsibility for that juvenile. b. See Policy 411.07 for additional information on releasing after the issuance of a City Ordinance citation/summons. 3. Officers are to consider the following factors in deciding to release or divert juveniles to other agencies: a. The seriousness and the legal ramifications of a juvenile's behavior, particularly if the juvenile has committed a delinquent act; b. The harm, if any, that the juvenile presents to themselves or to others; c. The age of the juvenile; d. The attitude of the juvenile toward their behavior and toward others, the juvenile's maturity level, and the juvenile's demeanor; e. The juvenile's past contact, if any, with the police and the juvenile justice system, as well as past diversions, if any, of that juvenile from the juvenile court system to social service agencies; f. Whether the juvenile's behavior may be corrected or redirected by a warning and counseling or by release of the juvenile to the parents, rather than by requiring the processing of the juvenile through the juvenile court system; 10 g. The attitude of the parents toward the juveniles behavior and toward the consequences, including discipline, of that juvenile's behavior; and the willingness and the ability of the parent to control and supervise the juvenile; h. The availability of community resources to handle the care, treatment, and the rehabilitation of the juvenile without invoking the juvenile court system; i. The requirements and standards of the Juvenile Code and the policies established by the juvenile court, the intake worker, and the department; j. The interest of the public in terms of tolerance toward various behaviors and violations of law; k. The interests and demands of any victims or complainants; 1. The legal sufficiency of the information and of any evidence which the officer may have; m. Whether the behavior, particularly if it is a violation of the law, is only an isolated instance or if it is a repetitive occurrence; n. Whether the juvenile is likely to run away or otherwise be unavailable for a later court appearance; o. Whether the juvenile has committed a property crime or a crime against a person; p. Whether the juvenile has denied the commission of the act or acts; and q. Whether the juvenile was acting alone, or in concert with others, and whether those other persons have been taken into custody and/or subsequently released from custody. D. This list of factors is only illustrative of the possible considerations and these factors provide guidelines for the officer's exercise of discretion. The factors are 11 not listed in any type of priority. Officers are expected to make decisions on the basis of the totality of the circumstances of each individual case. 411.07 RELEASE OF JUVENILE ON CIVIL LAW OR ORDINANCE A. When the officer takes a juvenile into custody for the violation of a civil law or local ordinance which is punishable by a forfeiture and the juvenile is at least 15 years old, that officer shall by statute, issue citations where appropriate and release that juvenile. B. If other contravening factors are present, such as previous violations wherein a citation has been ineffective, a court referral may be indicated. Officers should review a juvenile's record to make this determination, whenever practical. The release of the juvenile must occur as soon as possible. C. Wisconsin Statute 938.17 1. A juvenile must be at least 12 years old to be issued a municipal summons. 2. For juveniles 12 to 14 years of age, officers have to notify and release the individual to their parent, guardian, legal custodian or a responsible adult. 3. For persons 15 to 18 years of age, officers should attempt to contact the juvenile's parents, guardian or legal custodian prior to release. Officers will note in their report whether or not contact was made. This report will be forwarded to the Court Liaison Clerks and contact will be made within seven days by a Court Liaison Clerk if the investigating officer was unable to make the appropriate contact. 411.08 NOTIFICATION OF PARENTS A. When an officer takes a juvenile into custody, that officer shall notify the parent, guardian or legal custodian of the juvenile as soon as reasonably practical. B. In non -custodial situations when a juvenile under the age of 16 is interviewed at the safety building between the hours of 11:00 p.m. and 6:00 a.m., officers must attempt to contact a parent or guardian before the juvenile is released. 12 C. Contact with parents should always be considered for situations involving juveniles. 411.09 RELEASE TO RESPONSIBLE PARTIES A. When an officer intends to release the juvenile, that officer may release to the juvenile's parent, guardian or legal custodian; to a responsible adult under certain circumstances; or to a runaway home licensed under the Juvenile Justice Code (Wis. §938.227). B. In determining whether or not to release a juvenile to a responsible adult, that officer may consider the following factors: 1. The person's age; 2. The person's relationship with the juvenile; 3. The level of maturity or responsibility displayed by the person; 4. The person's concern for the juvenile and the juvenile's behavior; 5. The person's ability to indicate an exemplary standard of behavior for the juvenile; 6. Any other factors which the officer may consider important in determining whether or not to release a juvenile to this person. 411.10 PHYSICAL, MENTAL OR DRUG/ALCOHOL PROBLEMS A. When the juvenile taken into custody by the officer falls within one of the following categories, the officer shall deliver the juvenile to the appropriate agency or facility: 1. If the juvenile has a physical condition that requires prompt diagnosis or treatment, that juvenile shall be taken to a hospital or a physician's office. 2. If the juvenile is believed to be mentally ill, drug dependent, or developmentally disabled and that juvenile presents a substantial risk of 13 harm to themselves or to others, that juvenile shall be processed as an emergency commitment under Wis. §51.15. 3. If due to intoxication or alcohol incapacitation, the juvenile has threatened or seems likely to inflict physical harm to the juvenile or others, the officer shall proceed under Wis. § 51.45 (11). 411.11 SECOND CHANCE SCHOOLING A. Court orders that place juveniles into the Second Chance Program authorize police officers to "apprehend the juvenile and transport them to school." B. Entry may not be forced into homes if officers are denied access to homes containing juveniles enrolled in the Second Chance Programs. If officers suspect a violation of a court order by the juvenile or responsible adult, a long form complaint must be completed and forwarded to the District Attorney for possible prosecution. 411.12 DETERMINATION OF PHYSICAL CUSTODY A. When an officer chooses to hold a juvenile in custody, that juvenile must be delivered to a juvenile court intake worker. The intake worker reviews the situation and determines whether or not the juvenile should be held in custody and where they should be held. 1. Statutory Criteria a. When the intake worker makes a decision about holding a juvenile in physical custody, the intake worker is required by statute to determine: i. That the court has jurisdiction over the juvenile; and ii. That there is probable cause to believe that either the juvenile presents a harm to himself/herself or to others; or there is not adequate supervision or care available for the juvenile; or that the juvenile will be unavailable for later court proceedings. (See Wis. §938.205) 14 b. When the officer requests that the juvenile be placed in secured detention, the intake worker shall personally interview the juvenile and determine whether the juvenile meets the statutory criteria. The juvenile must: i. Have committed a delinquent act and either present a substantial risk of physical harm or a substantial risk of running away so as to be unavailable for a court hearing ii. Be a fugitive from another state; iii. Consent to the secured detention under a protective order from the judge; iv. Have run away or have committed a delinquent act after the juvenile had been placed in non -secured custody; v. To be alleged or adjudicated delinquent and run away from another county; or vi. Run from a probation hold. 2. When a police officer confronts a juvenile who comes within the jurisdiction of the court, it is recommended that the officer proceed through the statutory criteria in this order: a. Take a juvenile into custody b. Hold a juvenile in custody which is equivalent to the criteria for holding a juvenile in non -secured detention c. Hold a juvenile in secured custody. 411.13 AUTHORIZATION OF TEMPORARY PHYSICAL CUSTODY A. The juvenile court intake worker is the only person who can authorize the secure detention and non -secure placement of a juvenile. Even when a juvenile meets 15 the criteria of the Juvenile Code, the court intake worker has the discretion to withhold the requisite authorization for placing a juvenile into temporary physical custody. Officers must realize that even if a juvenile meets the criteria of the statutes and that officer believes that the juvenile should be placed in physical detention, the court intake worker is under no obligation to place that child into physical detention. The officer should also realize that the juvenile court intake worker is also under the obligation to apply the least restrictive alternative in the disposition of a case. 1. When requesting temporary physical custody, officers shall: a. Notify the juvenile court intake worker; b. Complete the multi -copy Temporary Physical Custody Request form; c. Provide the intake worker with all facts concerning the request; d. Give child or parent a copy of Temporary Physical Custody Request form and a copy of the Temporary Physical Custody Conditions form; e. Attempt to notify the parent, guardian or legal custodian of the fact that the juvenile has been taken into custody. B. The Temporary Physical Custody Conditions form may be filled out by an Intake Worker or officer any time a Temporary Physical Custody Request (TPC) form is completed, except if the TPC is being done on a victim of abuse or neglect. These forms are routed together. C. All intake workers' Temporary Physical Custody Orders for non -secure placements on delinquency, JIPS, and CHIPS cases will require a Temporary Physical Custody Court Review Hearing within 48 hours according to Wis. §48.21. Parents and juvenile can waive "participation" at these hearings, but the hearings must be held regardless of their participation. If parents/juveniles should waive their right to participate, a rehearing can be granted for good cause. Officers/Supervisors will then fax the juvenile court referral, Temporary Physical Custody Order and a copy of the police report to the juvenile intake office at the earliest possible time prior to the TPC Review Hearing. The hard copy of the referral can be sent within 48 hours, excluding weekends and 16 holidays, from the time the Temporary Physical Custody order was authorized. D. Juveniles that are released on a non -secure placement can be charged for violating the conditions indicated on a completed Temporary Physical Custody Conditions form. Except for juveniles on Temporary Physical Custody for being a runaway, failure to follow the conditions may result in a delinquency charge under §946.495, Violation of non -secure custody order. Officers should attempt to check on the status of all juveniles contacted, when possible. E. When a protective service worker requests an officer to take a juvenile into temporary physical custody, it is the officer's duty to make an independent decision on this request. When complying, the officer will fill out an investigative report stating the factual situation. The officer shall fill out the Temporary Physical Custody Request form with the Oshkosh Police Department as the requesting agency. 411.14 CUSTODIAL INTERVIEW/INTEROGATION AND NON- CUSTODIAL INTERVIEWS OF JUVENILES A. When an officer intends to interview or interrogate a juvenile who has been taken into custody, that officer shall insure that the juvenile has been given their Miranda Warnings and the interview/interrogation is audio/video recorded as required by §948.195 . 1. The preferred method of audio/video recording is by using a recorded interview room with audio/video capabilities, however, when infeasible or impracticable, the recording requirement may be met by the officer using their hand held tape recorders. 2. If the interview/interrogation is not videotaped, the officer should be prepared to explain why a video recording was not made, mere inconvenience is not an acceptable explanation. 3. An audio and/or video recording does not replace the normal practice of taking written statements, rather it should be used as a recording of the normal interrogation process. 4. Any recording should begin with the Date, Time, Location, and 17 identification of all persons present during the interview/interrogation. If an interview/interrogation is stopped and/or started, this will be noted on the recording B. The recording of in custody juvenile interviews/interrogations is applicable anywhere a juvenile is held in custody. C. In assessing whether a juvenile has waived their rights against self-incrimination, the totality of the circumstances is the proper test. The officer may interview/interrogate the juvenile without consent of the parents if the juvenile is at least 12 years of age and appears able to make a knowing and voluntary waiver of constitutional rights. Also under such circumstances, the parent or guardian of that juvenile may not validly waive the juvenile's constitutional rights when the juvenile has indicated that they do not wish to answer questions. D. Officers shall limit the number of officers participating in an interview or interrogation to no more than two officers, in most cases. Officers shall also be aware of the time duration of the interview as it relates to the time of day, age of the individual, fatigue, and other related factors. 1. In determining whether a juvenile is capable of waiving constitutional rights or participating in on interview or interrogation, the officer shall consider: a. The juvenile's age, maturity and ability to reason and conceptualize; b. The juvenile's prior contact or knowledge of the juvenile justice system; c. The attitude of the juvenile and/or the parent in terms of the juvenile's behavior and the anticipated disposition of the case; d. The ability of the parent to exert control over the juvenile and the capacity of the juvenile to make independent decisions and judgments about their behavior; e. The seriousness of the juvenile's behavior, such as when the juvenile may have committed a crime and may be waived to adult court; 18 f. The time of day; the length of time the juvenile is held in police custody before questioning or interrogation; and whether the juvenile has suffered any deprivation as a result of being held in custody; g. Whether the juvenile had any contact with a parent or an adult; h. The juvenile's education; i. The physical and emotional condition of the juvenile during the questioning or interrogation; E. When interviewing or interrogating juveniles the officer shall explain agency and juvenile justice procedures to those persons being interviewed/interrogated. Officers shall attempt to contact and confer with the parents of the juvenile prior to an in custody interview or interrogation, when appropriate. Attempts will be noted in the police reports. F. When a parent or legal guardian requests to speak with the juvenile, or when the juvenile requests to speak with a parent or legal guardian, the officer shall allow the parent and the juvenile to confer before any interview/interrogation. G. When the juvenile requests the presence of an attorney, the officer must suspend any further interview/interrogation until the juvenile has conferred with an attorney, or the juvenile has requested to discuss the matter. 411.15 CHILD ABUSE AND NEGLECT A. If the officer encounters a juvenile who appears to be either neglected by the parent or guardian or who is a victim of physical, sexual, or mental abuse, that officer shall make an immediate investigation. Wis §48.981(3) requires that law enforcement officers notify the Department of Human Services within 12 hours, when they have "reasonable cause to suspect" that a child has been abused or neglected, or has been threatened with abuse or neglect and that abuse or neglect will occur. 1. Whenever an officer investigates a complaint that meets the above criteria, the following procedures shall be followed: 19 a. Take the child into protective custody under Wis. §938.19 (1)(c) or (d)(5); b. Complete the Oshkosh Police Department Report of Child Abuse / Neglect Form OPD #170; c. Make the appropriate contacts during normal business hours or after business hours as appropriate and as indicated on the form; d. Complete an Incident Report and route the completed Report of Child Abuse/Neglect form to the CID Lieutenant. B. When investigating an abuse or neglect case, the investigating officer should make every effort to obtain pictures as well as physician's reports and any other documentation of the alleged abuse or neglect. In the case of death or serious physical or sexual abuse, the officer shall contact the Criminal Investigations Division for assistance. C. Both the Oshkosh Police Department and the Department of Human Services are required to refer allegations of child abuse or neglect between agencies within 12 hours of receiving such a report, exclusive of weekends or legal holidays. D. At the earliest opportunity upon receipt of a referral from the Department of Human Services, the CID Lieutenant, CID Sergeant, or Operations Captain shall determine if further investigation is to be conducted based on criteria outlined in Policy 147 Management of Investigative Services. Referrals that require additional follow-up will be assigned to an investigator. If investigation is not warranted, the Sergeant, Lieutenant, or Captain will note on the referral their reason not to investigate. This copy of the referral will be kept in the CID Sergeant's office for future reference. E. If an investigation is initiated, it should be coordinated with the Human Services workers assigned by that agency whenever possible. Arrests will be made or referred to the District Attorney as appropriate. 411.16 JUVENILE CAPIAS A.If officers come into contact with a juvenile that a Capias has been issued for, the 20 status of the Capias should be verified through the appropriate authority before the juvenile is taken into physical custody. B. A Capias will be written authorization for: 1. Apprehension for presentation before a magistrate. In this case, the Capias may only be served during court hours, or; 2. Secure detention and non -secure placement, wherein the juvenile may be taken to custody if court is not in session. In this case, Juvenile intake shall be notified and a TPC shall be completed. 411.17 72 HOUR CUSTODY HOLD A. The State of Wisconsin has expanded the language of the juvenile statutes to allow for a 72 hour hold of a juvenile that has violated a court order/rule. This 72 hour hold can be instituted if; 1. The juvenile has been adjudicated delinquent; 2. Court conditions were read in court and the juvenile was warned of possible secure placement; 3. It is believed that a violation of the Court Order/Rules has occurred. B. When the department receives notice of a pickup order from a caseworker/intake worker, and upon picking up the affected juvenile, the apprehending officer shall: 1. Attempt to pick up the juvenile named on the form 2. Upon picking up the juvenile, confirm that space is still available at a detention facility. 3. Notify the parent/guardian of the pickup, if possible. If they are not at home leave word of the detention and the name of the Caseworker/Intake Worker that ordered the pickup. 21 4. Complete the Short Term Detention Statement Form, if the detention is a consequence of a violation. 5. Complete the Custody Hold Order Form while at the detention facility. The date and time taken into custody would be the booking time at the detention facility. 6. Fax the completed Custody Hold Order Form to the originating Caseworker / Intake Worker. If the juvenile is being held at the Fond du Lac County Detention Center, the Detention Center personnel may fax the completed form back to the issuing caseworker. It is the officer's responsibility to ensure that the completed form is faxed back to the issuing caseworker as soon as possible. If the Detention Center personnel are not going to do it, the apprehending officer must. 411.18 TRANSPORTING JUVENILES TO A DETENTION FACILITY A. Once temporary physical custody has been authorized or a juvenile has been arrested by officers intending to obtain temporary physical custody, officers must arrange for timely transportation to the intake facility, unless medical treatment is required 1) Juvenile Intake must be contacted for all Juvenile arrests where an officer is requesting secure detention. (See criteria in Policy 411.12 for guidelines) 2) An exception to this procedure is the taking of a juvenile into custody on a Capias when court is in session. In these instances, the juvenile would be brought before the court that issued the Capias. 3 ) Oshkosh Police Department officers are responsible for transporting the juvenile to the detention facility. (See Policy #205 Transporting Persons in Custody for additional guidelines relating to the transport). The Winnebago County Sheriff's Office should be contacted for transports outside of the City of Oshkosh to determine if they are available to conduct the transport. If they are not available then the OPD officer will do the transport. 22 4) Arresting or assisting officers are responsible for completing the Jail Screening and Medical Consent Forms. The Medical Consent Form must be signed by the juvenile's parent(s) or Legal Guardian. If the Parent/Legal Guardian are unavailable, Juvenile Intake must be notified. The completed form can either accompany the transporting officer, or it can be faxed to the appropriate Detention facility. Officers should also make to include any medications that the juvenile needs. Detention facilities will not accept any injured juveniles without a signed Medical Release. 411.19 PROCEDURES FOR TRANSPORTING YOUTH FROM SECURE DETENTION WHEN A PARENT DOES NOT ARRIVE A. The following procedures will normally be completed by Social Workers and Detention staff, however our department may be called to assist in the transportation of juveniles released from secure detention, in limited circumstances. B. It is the Social Worker's responsibility to arrange for the pick-up of any youth placed in a secure detention facility for sanctions or 72 hour holds before the placement is made. C. If the person designated on the 72 Hour Pick -Up Form does not arrive at the Fond du Lac County Juvenile Detention Facility to pick up the youth by the time the Secure Detention hold has expired, the Detention staff shall follow the procedures outlined below. These procedures should also be followed when the responsible party does not arrive to pick up a juvenile who is being held by court order. 1. During regular officer hours: Contact the assigned social worker or, if not available, the assigned social worker's supervisor. 2. After officer hours: Contact Crisis Intervention Helpline at 722-7707 for the after hour Juvenile Intake Worker. D. Whoever receives the call will follow these procedures in releasing the juvenile from secure detention. 23 1. Winnebago County staff shall attempt to locate custodial parents / guardian at their homes and places of employment. 2. If parents / guardians are unable to be located, an attempt shall be made to locate any non -custodial parent. 3. If unable to locate a non -custodial parent or guardian, an attempt shall be made to locate a responsible relative or other responsible adult over 21 years of age. 4. If none of the above can be located, the school should be contacted and asked for an emergency contact number or suggestions. 5. Juveniles under the age of 15 years shall not be left home alone under any circumstance. If no one is available to care for the juvenile, he/she will need to be taken into Temporary Physical Custody and placed at Shelter Care or in a foster home. The law enforcement agency where the juvenile resides should be contacted to take the juvenile into custody and to transport them to the placement facility. It is the workers responsibility to determine the placement facility. A juvenile intake worker will have to interview the juvenile and authorize the placement. If the parent cannot be located to waive the custody hearing, a hearing will have to be held within 48 hours (excluding weekends and holidays) of the time the placement was authorized. Whenever a juvenile is taken into custody, the worker must be prepared to file a CHIPS referral. 6. If no responsible adult is home, a 16 or 17 year old person can be left home alone. It is legal to leave a 15 year old person home alone, but the worker should use their judgement to determine whether the particular 15 year old person is responsible enough to stay home alone. 7. As a last resort, and only after exhausting all possible options, the staff will provide transportation and will invoice the parent or guardian for reimbursement. 8. After the juvenile is released, the parent/guardian must be notified of the juvenile's whereabouts. If the staff member is unable to go to the home, a 24 voicemail message may be left. If the parent/guardian does not have voicemail the local law enforcement agency may be requested to leave a note on their door. 411.20 SEARCHING A JUVENILE Police officers shall follow the guidelines in searching adults when they have taken a juvenile into custody or when they are transporting a juvenile. However, a consent search involves the additional concern about the valid waiver of constitutional rights expressed above in the sections about questioning the juvenile. 411.21 FINGERPRINTING, PHOTOGRAPHING, AND OTHER IDENTIFICATION A. All juveniles placed in secure detention will be photographed and fingerprinted by detention personnel. Any further collection of items of identification such as hair or blood samples must be done through valid consent or a search warrant. B. Fingerprints that are taken in the county jail shall remain in the files of the jail. C. The dissemination or retention of any juvenile identification information will be according to records section procedures. 411.22 RESTRAINTS Officers shall refer to Policy 201 Use of Force in determining the appropriate use of restraints on juveniles. 411.23 JUVENILE RECORDS Juvenile records are maintained in files separate from those of adult offenders in conformance with State statutes. Additional juvenile information is found in Policy 410 Management of Juvenile Records. 25 411.24 RELINQUISHING CUSTODY OF NEWBORNS A. Wis. §48.195 was created to protect the well-being of newborn children, defined as being 72 hours old or younger, and to create a means to safely and anonymously surrender custody of a newborn child to a law enforcement officer, emergency medical technician or hospital staff member. B. A parent of a newborn child, or a person assisting the parent of a newborn, can relinquish custody of his/her child into the care of a law enforcement officer, emergency medical technician or hospital staff member with anonymity and confidentiality, unless there is reasonable cause to suspect that the child has been the victim of abuse or neglect. C. In the event a newborn child is surrendered under the protection of this law, a law enforcement officer, emergency medical technician, or hospital staff member taking the child into custody shall take any action necessary to protect the health and safety of the child and shall, within 24 hours after taking the child into custody, deliver the child to an Intake Worker as specified under Wis. §48.20. No person may induce or coerce a parent or a person assisting a parent who wishes to remain anonymous into revealing his or her identity. In addition, they may leave the presence of a law enforcement officer, emergency medical technician or hospital staff member at any time and will be free from being followed or pursued after delivery of the child, unless there is reasonable cause to suspect that the child is the victim of abuse or neglect as defined in Wis. §48.941 (1)(d), or that the person assisting the parent of a newborn is coercing the parent into relinquishing custody of the child. 1. Officers that receive a child under the protection of this law shall: a. Attempt to obtain as much voluntary information as possible from the person who surrendered the child; b. Attend to the immediate care of the child, including requesting Fire Rescue response for medical care, if necessary; c. Contact a supervisor and complete a detailed Incident Report; 26 d. Contact Juvenile Intake for placement decisions. Wis. §48.195 also requires that within 5 days of taking the child into custody, the law enforcement officer, emergency medical technician or hospital staff member who takes a child into custody, shall file a birth certificate for the child. e. Make available to the parent, or person assisting the parent, the Maternal and Child Health toll free number of 1-800-722-2295.