Under the Interstate Compact on the Placement of
Children:
b) medical treatment
c) For emancipation.
d) To terminate parental rights.
e) placement of juvenile in foster care
f) In which a person is alleged to have obstructed or interfered with an investigation.
g) Involving consent for an abortion for an unemancipated
DJJ is:
Department of Juvenile Justice
DSS is:
Departent of Social Services
Every person has a ___________ to report facts
which lead the person to suspect that a juvenile
is abused, neglected, or dependent, or has died as
the result of maltreatment.
legal duty
Juvenile:
Any person under 18 who is not married, military or emancipated.
DSS adresses behavior of _________.
Adults
DJJ focuses on behavior of _________.
Juveniles.
Abused Juvenile:
juvenile whose parent, guardian
(1) Inflicts serious physical injury by other than accident
(2) Creates substantial risk of
serious physical injury to the juvenile
(3) Commits, permits, or encourages a violation of the following laws by, with, or upon
the juvenile:
(a) First degree rape
(b) Rape of a child by an adult offender
(c) Second degree rape
(d) First degree sexual offense
(e) Sexual offense with a child
(f) Second degree sexual offense
(g) Sexual act by a custodian
(h) Crime against nature
(i) Incest
(j) Preparation of obscene photographs, slides,
or motion pictures of the juvenile
(k) Employing or permitting the juvenile to
assist in a violation of the obscenity laws
(l) Dissemination of obscene material to the
juvenile
(m) Displaying or disseminating material
harmful to the juvenile
(n) First and second degree sexual exploitation
of the juvenile
(o) Promoting the prostitution of the juveniles
(p) Taking indecent liberties with the juvenile
examples of child abuse
incest, broken bones, burns,
bites, bruises, cuts, severe anxiety, rapid weight gain
Caretaker:
Any person other than a parent, guardian,
or custodian who has responsibility for the health and welfare of a juvenile in a residential setting.
Custodian:
one charged with the care of a person. The person or agency that has been awarded legal custody of a juvenile by a court.
Dependent juvenile
A juvenile in need of assistance or placement because the juvenile has no parent, guardian, or custodian responsible for the juvenile's care or supervision or whose parent, guardian, or custodian is unable to provide for the care or supervision and lacks an appropriate alternative child care arrangement.
Neglected juvenile
A kid who does not receive
proper care, supervision, or discipline from the juvenile's parent, guardian, custodian, or caretaker; or who has been abandoned; or who is not provided necessary medical care: or who lives in an environment injurious to the juvenile's
welfare; or who has been placed for care or adoption in violation of law
examples of neglect
Leaving a child alone
Leaving a child in a place that is not safe
Lack of attention
Not providing clothing, food, or shelter
Not providing necessary medical attention
Not providing appropriate schooling
Not providing protection from hazards
Juvenile court jurisdiction:
Power of juvenile courts to hear cases involving persons under the legal age of adulthood who is involved in abuse or neglect.
Juvenile court has jurisdiction until:
a) terminated by court
b) until 18
c) until emacipation
If a LEO receive a call regarding neglect, abuse or dependent juvenile, they should follow these steps:
1) provide medical
2) notify DSS
3) notify juvenile investigator if applicable
4) take child into temporary custody if necessary
5) handle crime scene as if any other
6) conduct interviews
7) answer complaints
How long can a LEO take a child into temporary custody?
12 hours, 24 hours if a holiday or weekend.
in a day care facility or home, the DSS Director
must notify the State Bureau of Investigation
(SBI) within ____________.
24 Hours.
Felony child abuse
A parent/guardian of a child less than 16 years of age who
intentionally
-inflicts any serious physical injury
- any act of prostitution
-commission of any sexual act
-inflicts serious bodily harm
-shows reckless regard
-grossly negligent
Misdemeanor child abuse
Any parent of a child less than 16 years of age,
-inflicts physical injury
-allows physical injury to be inflicted
-creates a substantial risk of physical injury
Contributing to the delinquency of a minor
act, by an adult, of aiding or encouraging illegal or improper conduct by a minor
If a friend, helps a juvenile runaway they could be charged with "Contributing to the delinquency of a minor" (T/F)
TRUE
Taking indecent liberties with a student
A teacher, school administrator, student teacher, or coach, at any age or who is other school personnel and is at least four years older than the victim, takes indecent liberties with a victim who is a student, at any time during or after the time the victim and defendant were present together in the same school (a school at which the student is enrolled and the school personnel is employed or volunteers) but before the victim ceases to be a student
Intercourse and sexual offenses with certain victims:
A teacher, school administrator,
student teacher, or coach, at any age, or who is other school personnel, and who is at least four years older than the victim engages in VAGINAL intercourse or a sexual act with a victim who is a student, at any time during or after the time the defendant and victim were present together in the same school, but before victim ceases to be a student.
Temporary custody:
the taking of physical custody and
providing personal care and supervision until a court order for nonsecure custody can be obtained.
GAL is:
Guardian ad litem
Kidnapping by a parent:
to be brought in cases wherein it is alleged that one parent has "snatched" or kidnapped his or her child, there must first be an enforceable and valid court order in place governing custody of the child.
Local law enforcement agency receiving a missing person report from a parent, spouse, guardian, or legal custodian to immediately enter this report in the federal ______________.
NCIC
Missing persons must be filled in the NCIC ___________.
Immediatly
Runaways must be filled in the NCIC in _______.
24 Hours.
Delinquent juvenile:
Any juvenile who, while less than 16 years of age but at least 6 years of age, commits a crime or infraction under State law or under an ordinance of local government, including violation of the motor vehicle laws.
Emancipated minor:
Any juvenile who is 16 or 17
years of age; has the legal effect of allowing the juvenile to make contracts and conveyances, to sue and be sued and to transact business as if an adult. The juveniles parent, guardian, or custodian is relieved of all legal duties and obligations to the juvenile. The decree is irrevocable.
Undisciplined Juvenile
if juvenile is LESS than 16 but more than 6 and is truant; or beyond control of his or her parents; or regularly disobedient or a runaway. The jurisdiction of the court extends to 16 and 17 year olds and includes all of the above behaviors except truancy. Because the compulsory attendance law does not require 16 and 17 year olds to attend school, they cannot be adjudicated undisciplined for being unlawfully absent from school.
Undisciplined Offenses:
#NAME?
The rules for custodial interviews of juveniles:
1) Juveniles must also have their Miranda rights read to them.
2) if 16 years or older they can waive rights
3) 15 or younger, they must have parents, guardian or lawyers present.
Nondivertible Offenses
(1) Murder
(2) First or second degree rape
(3) First or second degree sexual offense
(4) Arson
(5) Felony violations of Article 5, Chapter 90
(6) First-degree burglary
(7) Crime against nature
(8) Any felony involving the willful infliction of serious bodily injury upon another or which was committed by use of a deadly weapon.
non-testimonial evidence
#NAME?
The Director of the Department of Social
Services is required to make an immediate oral report and a subsequent written report to the District Attorney and the appropriate local law enforcement agency if he finds evidence that a juvenile may
_____________
have been abused within 48 hours of receiving the
report of abuse.
Adjudicated:
determined in court; judged(regarding a juvenile)
Teen court program:
A community resource for the diversion of cases in which a juvenile has allegedly committed certain offenses for hearing by a jury of the juvenile's peers, which may assign the juvenile to counseling, restitution, curfews, community service, or other rehabilitative measures.
Juvenile Court Counselor:
A person responsible for
intake services to juveniles under the supervision of the chief court counselor.
In NC, every parent of a child between _________ & __________ shall require that child to attend school.
7 & 16
Petitioner:
The individual who initiates court action,
whether by the filing of a petition or of a motion for
review alleging the matter for adjudication.
petition
a formal request for government action