NC BLET JUVENILE LAWS AND PROCEDURES

Under G.S. 14-318.6, if an LEO finds evidence a juvenile may be abused who should they make their reports to?

Director of DSS for county 1. Oral report ASAP 2. Subsequent written reports of findings within 48 hours after the discovery of evidence.

What is the role of the DA in DSS investigations?

Director of DSS is required to make immediate oral report and subsequent written ones to the DA and appropriate local LE within 48 hours of receiving report of abuse. (Procedure is also the same for information a child may have been harmed by someone other than parent/guardian). Local LE must immediately initiate and coordinate a criminal investigation with DSS investigation. Must be initiated no later than 48 hours after receipt of information from DSS. *The DA will decide whether to prosecute after completion of the investigation.*

Who is appointed to a juvenile when they are alleged to be abused or neglected?

Guardian ad Litem (GAL): tasked with assessing facts and determining the needs of the juvenile, assisting with court proceedings, represent interests of juvenile, etc.

When does G.S. 7B-301 not require someone to report suspected abuse?

If the juvenile was abused by someone OTHER THAN their parent/guardian/custodian/caretaker.

What aids in determining a juvenile's neglected status?

If there is a history in that home of a juvenile dying from abuse or neglect or a home whether another juvenile has been subjected to abuse or neglect by an adult who regularly lives in the house.

What is an exception to prosecuting a parent for infant abandonment?

If they abandon an infant, less than seven days old, to a LEO on duty, EMS on duty, or Fire on duty without expressing the intent to return for the child they cannot be prosecuted for abandonment of the child or for unlawful surrender of the child. Individual should immediately notify DSS or LE agency if they receive infant under 7 days old. May request information on parent, but must tell them they are not required to give it.

What should be included in the report under G.S.14-318.6

Information about: 1. Juvenile's name, address, and age 2. Juvenile's parent/guardian name and address 3. Name, address, and age of person who committed the offense against the juvenile 4. location where the offense was committed 5. names and ages of other juveniles present or in danger 6. present whereabouts of the juvenile, if not at home address 7. nature and extent of any injury or condition resulting from offense 8. any other helpful information in establishing the need for LE involvement.

What should be included in your report as an LEO under G.S.7B-301?

Information regarding: 1. Juvenile's name, age, address, and current whereabouts 2. his or her parents'/guardians' name and address 3. the names and ages of other juveniles in the home 4. the nature and extent of suspected injury or conditions 5. any other relative information which would facilitate a DSS response

What are the restrictions if a court has awarded custody of a child 16 or younger to a parent?

It is a felony for any person to take/transport the child from any point within the State to any point outside the State. Keeping the child outside the State in violation of a court order for a period of 72 or more hours is evidence of the offender's intent to violate the custody order at the time they took the child out of the State. Persons who violate this will be punished as Class I (the letter) felons.

Why was the juvenile justice system developed?

Juveniles are not "little adults" - they are different in terms of ability to control impulses, think long term, and understand consequences. They also possess great potential for change. Juveniles court records are NOT public records.

Which juveniles are tried as an adult?

Juveniles emancipated before 18, between the ages 6-16

What is genuineness?

Keeping it real. Requires you're comfortable enough that you have self awareness and self acceptance that you avoid hiding behind a professional role.

What is an undisciplined juvenile?

Less than 16 but at least 6, unlawfully absent from school or is regularly disobedient to and beyond the disciplinary control of the juvenile's parents/guardian, found in places where it is unlawful for a juvenile to be, or has run away from home for more than 24 hours OR 16 or 17 years old and is regularly disobedient to and beyond the disciplinary control of juvenile's parent/guardian, is regularly found in places where it is unlawful for a juvenile to be or has run away from home for more than 24 hours

What is a delinquent juvenile?

Less than 18 but at least 16, commits indirect contempt by a juvenile or a crime/infraction under State or local government.

When is a nonsecure custody order made?

Made only when there is reasonable factual basis that the matters alleged in the petition are true and: 1. juvenile has been abandoned or 2. has suffered physical injury or sexual abuse or 3. is exposed to substantial risk or physical injury or sexual abuse because the parent/guardian - has created conditions likely to cause injury or abuse or - has failed to provide or is unable to provide adequate supervision or protection or 4. juvenile needs medical treatment to cure or alleviate serious physical harm which may result in death/disfigurement AND the juvenile's parent is unable or unwilling to provide consent to medical treatment 5. juvenile's parent/guardian consents to the nonsecure custody order or 6. juvenile is a runaway and consents to nonsecure custody order

What information cannot be shared between agencies regarding a juvenile?

Mental health information or substance abuse treatment information.

What is a curfew?

NC allows cities and counties to impose these on persons under 18. LEOs can enforce this. Secure detention is NOT an option for a juvenile merely in violation of city/county juvenile curfew.

When do these statutes for reporting child abuse not require a report?

Privileged relationships like: physician/patient and attorney/client

What is the purpose of the "contributing to delinquency and neglect by parents and others" statute?

Protect children from wrongful influence of adults and is not necessary to prove that the child was delinquent. The age of the juvenile either at the time of the alleged offense or when the condition causing the juvenile to be delinquent/neglected governs and must be considered when making charging decision. Must be less than 18 and at least 6 for statute to apply. Juveniles alleged to be undisciplined includes 16-17 year olds in all undisciplined matters except mandatory school attendance.

What are certain which constitute obstruction/interference of an investigation?

REFUSAL to do any of the following: 1. Disclose whereabouts of the juvenile 2. Allow the Director access to the juvenile or information and records upon request 3. Allow the Director to arrange for medical or other evaluation of the juvenile by an expert 4. Any other conduct which makes it impossible for DSS to carry out its duty to investigate is also deemed as obstruction

What is empathy?

our ability/willingness to understand another person's thoughts, feelings, and struggles from their point of view.

Who is a juvenile court counselor?

person responsible for intake services and court supervision services to juveniles under the supervision of the chief court counselor

What is a community-based program?

provides non-residential or residential treatment to a juvenile under the jurisdiction of the juvenile court where the juvenile's family lives. May include specialized foster care, family counseling, shelter care, etc. `

What is a youth development center?

secure residential facility authorized to provide long term treatment, education, and rehabilitative services for delinquent juveniles committed by the court to the Division of Adult Correction and Juvenile Justice.

What is Probation?

status of a juvenile who has been adjudicated delinquent is subject to specified conditions under the supervision of a juvenile court counselor, and may be returned to the court for violation of those conditions during the period

What is protective supervision?

status of a juvenile who has been adjudicated undisciplined and is under the supervision of juvenile court counselor

What is post-release supervision?

supervision of a juvenile who has been returned to the community after having been committed to the Division of Adult Correction and Juvenile Justice for placement in a youth development center

What is essential in order to have a complete picture about a child and/or family?

*INFORMATION SHARING BETWEEN AGENCIES.* NC law permits certain agencies to share relevant information about juveniles who are abused/delinquent/neglected/etc. All information must be kept confidential. Information shared should only be used for protection of juvenile or improve educational opportunity for them.

What is a 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/supervision - the juvenile's parent, guardian, or custodian is unable to provide for the juvenile's care/supervision and lacks an appropriate alternative child care arrangement

What does juvenile court have jurisdiction over?

1. Any case involving a juvenile who is determined to be abused, neglected, or dependent. 2. A parent or guardian of the juvenile who has been adjudicated abused, neglected, or dependent as long as they have been properly served with a summons. *They do not have jurisdiction over cases involving adult defendants alleged to be guilty of abuse/neglect.*

What are the procedures that the North Carolina Center for Missing Persons recommends following receiving a missing child report?

1. Complete the missing person report form and advise parents to contact the NC Center for Missing Persons by calling 2. Determine if emergency measures are necessary if the missing child appears in danger or under a disability 3. Immediately enter into the Division of Criminal Information Network (DCIN/NCIC) files of missing persons. With a notation for - Disabled Persons: EMD - Disappearing Involuntarily: EMI - Disappearing under Threatening Circumstances: EME - All others under 18 years old entered as juveniles: EMJ 4. Copy of the message should be directed to NC Center for Missing Persons 5. Missing persons who are located should be cleared out of DCIN/NCIC and NC Center for Missing Persons.

How should an LEO prepare for the initial non-custodial conference?

1. Ensure parties are communicating effectively 2. Pick a comfortable location for being. Office at the police station may be ideal. If juvenile has been arrested, maybe meet in place of arrest location. BUT office is best place: safer than home, more privacy.

What are some of the laws that a guardian (or someone in that role) allows to be violated or violates themselves to constitute an abused juvenile?

1. First degree rape: G.S. 14-27.1 2. First degree statutory sexual offense: G.S. 14-27.29 3. Statutory sex offense with a child by an adult offender: G.S. 14-28 4. Sexual act by a custodian: G.S. 14-31 5. Preparation of obscene photographs, slides, or motion pictures of a juvenile: G.S. 14-190.5

What are the steps of DSS assessing a case?

1. Gain the facts, the extent of abuse, and risk of harm of juvenile 2. Determine whether to provide protective services or file a petition - Options: immediate removal of juvenile from home, arrangement for protective services in the home, and filing of a petition in District Court. Protective services workers are authorized to assume temporary custody of an abused juvenile where warranted.

What are some alternatives for undisciplined juveniles?

1. Require that juvenile be supervised in juvenile's own home 2. Place the juvenile in the custody of a parent/guardian/relative/private agency/etc. 3. Place the juvenile in the custody of the county DSS 4. Place the juvenile under the protective supervision of a juvenile court counselor for a period of up to three months Juvenile may also be excused from compulsory school attendance if they find suitable alternative plans like vocational or special education, etc.

What are the procedures for a runaway juvenile?

1. Information should be taken and an investigation report made without any delay in cases involving juveniles. 2. Gather the facts like any investigation. 3. Inform the complainant of the procedure to be followed in trying to locate their child - 24 HOUR wait on runaways to place them in the NCIC database. However, can be entered as missing person upon notification. If not placed in custody after 24 HOURS, classification may be changed from missing person to runaway. - check possible locations suggested - advise complainant that message from DCIN will be sent to out of town locations they may suspect the child is in - advise them the child will be placed in NCIC files - advise they can contact the National Center for Missing and Exploited Children for further information - do not make explicit promises 4. Advise complainant of the law on runaway juveniles: - if located in jurisdiction, they will be returned to them - if child refuses to return home, placed in group home or detention facility - parents may refuse to take child, but must provide food/clothing/shelter until 18 under neglect statute. may refer to DSS if parent continues to refuse - out of state runaways: Interstate Compact on Juveniles means any officer in country can take custody of them under ICJ warrant.

What are the suggested procedures for the initial meeting?

1. Insist on privacy 2. Sit down, relax, take your time, explain why child is in custody 3. Make sure you aren't in situation that would qualify as custodial interrogation. Age is a factor. Law enforcement can also make a statement on what they think happened without letting the juvenile make a statement. 4. Confirm the information the juvenile has given. 5. Ask parents if they're experiencing any problems with the child or if they have any extra information that may be helpful to explain behavior 6. Discuss criteria for diverting the child from court (if appropriate). May have the authority to require other remedial measures. 7. Release the juvenile to parent/guardian and provide them contact information for appropriate resources, like mental health agencies, DSS, etc. 8. Refer the juvenile to community resources 9. Seek a petition 10. Seek petition and request custody order

Under G.S. 7B-301, the duty to report only applies if a person suspects:

1. Juvenile is a minor victim of human trafficking 2. Juvenile is dependent as defined in the juvenile code 3. Juvenile has died as a result of maltreatment 4. A juvenile is abused/neglected as those terms are defined in G.S. 7B-101 by their parent, guardian, custodian, or caretaker.

What must someone who takes a juvenile into temporary custody do?

1. Notify the juvenile's parents/guardian that they have been taken into temporary custody 2. Advise the parent/guardian of the right to be present with the juvenile until a determination is made as to the need for nonsecured custody 3. Release the juvenile to the parent/guardian if the person having the juvenile in temporary custody decides that continued custody is unnecessary 4. The person having temporary custody must communicate with DSS and Director can file petition with district court for determination of need for continued custody if necessary. varies by judicial district. 5. A juvenile cannot be held in temporary custody more than 12 HOURS (or more than 24 HOURS if any of the 12 hours falls on the weekend or holiday) unless: - petition or motion for review has been filed by DSS and - an order for nonsecure custody has been entered by the court

How to understand interacting with adolescents?

1. Recognize the processes that lead up to criminal behavior and use that knowledge to seek program alternatives that help them identify errors in their thought processes and see other options to their behavior. 2. A key cognitive development during this stage is RELATIVITY: the ability to see things in relative terms as opposed to black and white terms. They can be extremely skeptical because of this. 3. Since the brain at this stage is not fully developed, we can expect they will behave immaturely. 4. They need structure, safety, support, and guidance to achieve a healthy, successful transition to adulthood.

Why are adolescents difficult to interact with?

1. Youth in adolescence you may encounter may have mental health and substance use disorders, and it can be a time where poor decisions have life-changing consequences. 2. They are often impulsive or fail to plan. The are of the brain that coordinates impulse is the last part of the brain to develop. 3. The parts of the brain involved in emotional responses are mature and very active while the parts of the brain involved in keeping emotions/impulses in check are still reaching maturity.

When does juvenile court's jurisdiction over a juvenile expire?

1. terminated by order of the court 2. the juvenile reaches 18 3. juvenile is emancipated The court also has jurisdiction over the parent/guardian if they have been served with proper summons

What is the role of law enforcement when there is an LE investigation of child abuse?

1.Provide necessary medical assistance 2. Notify DSS immediately if you believe a juvenile has been abused 3. If applicable, notify the juvenile investigator if in policy 4. Take child into temporary custody if necessary/applicable 5. Crime scenes should be handled the same as any other: protect/gather evidence, photograph injuries, etc. May need consent or search warrant to search the crime scene. 6. Conduct interviews. If agency works with Child Advocacy Center, contact them to conduct forensic interview in instance of alleged sexual abuse.

What is an emancipated minor?

16 or 17 years old who has been a resident of the same county or federal territory in NC for six months may petition the court in that county for judicial decree of emancipation. A married juvenile is also emancipated. Irreversible.

What is a safe home?

A home in which the juvenile is not at substantial risk of physical/emotional abuse or neglect

What is felony child abuse?

A parent or any other person providing care to or supervision of a child under 16 who: 1. intentionally inflicts any serious bodily injury to the child or who intentionally commits an assault on the child resulting in serious bodily injury or permanent/impairment mental function of the child (CLASS B2 FELONY) 2. intentionally inflicts any serious physical injury to the child or who intentionally commits an assault upon the child which results in any serious physical injury (CLASS D FELONY) 3. commits, permits, or encourages any act of prostitution with or by the juvenile (CLASS D FELONY) 4. commits or allows the commission of any sexual act upon a juvenile (CLASS D FELONY) 5. willfully acts or whose grossly negligent omission in the care of child shows reckless disregard for human life and results in serious bodily injury to the child (CLASS E FELONY) 6. willfully acts or whose negligent omission in the care of child shows reckless disregard for human life and results in serious physical injury to the child (CLASS G FELONY)

Who is considered a juvenile?

A person who has not reached their 18th birthday and is not married, emancipated, or a member of the military

Additional Strategies for Working with Youth: FINDING COMMON GROUND

Ask questions about the juvenile's home, school, friends, etc. to find similarities you can relate to.

What is moral turpitude?

Acts which evidence a depraved mind or disregard for acceptable societal standards

What defines an abused juvenile?

Any juvenile less than 18 years of age who is a minor victim of human trafficking or whose parent/guardian/custodian/caretaker: 1. Inflicts or allows to be inflicted upon the juvenile a serious physical injury by other than accidental means. 2. Creates or allows to be created substantial risk of serious physical injury to the juvenile by other than accidental means. 3. Uses or allows to be used upon the juvenile cruel or grossly inappropriate procedures or cruel/gross inappropriate devices to modify behavior. 4. Commits, permits, or encourages the commission of a violation of the following laws by, with, or upon the juvenile 5. Creates or allows to be created serious emotional damage to the juvenile, serious emotional damage is evidenced by a juvenile's severe anxiety, depression, withdrawal, or aggressive behavior to himself or others. 6. Encourages, directs, or approves of delinquent acts involving moral turpitude committed by the juvenile: fraud, larceny, prostitution, etc. 7. Commits or allows to be committed an offense like human trafficking, involuntary servitude, and sexual servitude against the child.

What is a neglected juvenile?

Any juvenile who is found to be a minor victim of human trafficking or whose parent/guardian/custodian/caretaker: - does not provide proper care, supervision, or discipline - has abandoned them - has not provided necessary medical care - has not provided necessary remedial care - lives in an environment injurious to the juvenile's welfare - custody of whom has been unlawfully transferred - has placed them for care or adoption in violation of the law

Duty to Report Under G.S. 14-318.6

Any person 18 years or older knows or should reasonably know a juvenile is or has been the victim of a violent offense, sexual offense, or misdemeanor child abuse under 14-318.2 must immediately report the case to appropriate LE agency in the county where juvenile lives/is found. How can the report be made? Orally or by telephone.

What is contributing to delinquency and neglect by parents and others?

Any person at least 18 who knowingly or willfully causes/encourages/aids a juvenile within the jurisdiction of the court to be in a place or condition or to commit an act whereby the juvenile could be adjudicated delinquent, undisciplined, abused, or neglected is guilty of CLASS 1 MISDEMEANOR.

What is a 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. Ex: stepparent, foster parent, and adult member of the juvenile's household, an adult relative entrusted with juvenile's care, a potential adoptive parent during a visit or trial placement with the juvenile in the custody of a department, house parent/cottage parent

When is someone immune from liability in child abuse cases?

Any person who makes a report pursuant to the statute cooperates with DSS in a protective services in inquiry or investigation, or testifies in any judicial proceeding resulting from such investigation is immune from civil/criminal liability that might otherwise be imposed, provided that the person was acting in good faith?

Conducting Parent-Juvenile Conferences: COUNSELING

Best left to professionals like social workers or psychologists. However, may be times LEOs may need to facilitate discussions between parties. Not trained in this so just try and use open dialogue to listen, reflect, clarify issues, etc.

What is serious bodily injury?

Bodily injury with substantial risk of death, permanent or serious disfigurement, coma, a permanent condition that causes extreme pain, permanent loss or impairment of function of any bodily member or organ, or that results in prolonged hospitilization.

What is misdemeanor child abuse?

CLASS A1 MISDEMEANOR Any parent of a child under 16 or any other person providing care/supervision of the child who inflicts physical injury, or allows physical injury to be inflicted, or who creates/allows to be created risk of physical injury, upon or to such child by other than accidental means.

What should be done after the investigaton is complete?

Communicate all facts/findings with the case worker, keeping in mind what is best for the child. If there is decision to remove the child: social worker will obtain petition and nonsecure order and the LEO will serve these alone with a civil summons. If an arrest of the perpetrators is warranted: LEO should decide whether a warrantless arrest is permitted or an arrest warrant should be obtained.

Courts and Interfence of Investigation:

Courts can order a person named in petition to stop the acts that are obstructing an investigation. EXCEPT in cases where it is alleged a juvenile needs immediate protection/assistance: the respondent (person named in petition) is given notice of a hearing, which must occur within 5 business days from the date of service of petition. A Director may also request an ex parte order in these instances. The hearing will allow the Court to determine if such obstruction exists and enters orders accordingly. A person who fails to comply with Court orders may be subject to civil/criminal contempt proceedings.

Who brings all petitions and summons filed in the clerk's office in the district where a juvenile resides or is present?

DSS

What happens if there is interference with assessment?

DSS Director can petition the Court to and request an order directing a named person to stop the obstruction/interference. The petition must: describe how they are interfering and must be verified.

What is the main distinction between DSS and Juvenile Justice?

DSS generally addresses the behavior of adults that results in the abuse, neglect, or dependency of the children in their care. They focus on cases of neglect and abuse and they aim to protect children. Juvenile Justice focuses on the behavior of juveniles. They also aim to keep juveniles safe but they also specifically address the inappropriate or delinquent behavior of the juvenile.

Who should the Director of DSS notify if they receive a report that a juvenile has been abused or neglected in a day care facility or home?

Department of Health and Human Resources and the Division of Child Development within 24 hours or on the next working day of receipt of report.

In kidnapping by a parent, what should an LEO do if an order does exist?

Do NOT attempt to enforce the orders without further discretion from the issuing court. The custody statutes provide remedy and specify the process where the complaining parent can seek redress. *An officer should NEVER take a child away from one parent and give it to the other parent without explicit authority from the court.*

Duty to Report under G.S. 7B-301

Every person has the legal duty to report facts which lead the person to believe a juvenile is being abused/neglected or has died as a result of maltreatment. The case must be reported to: Director of DSS, intake services of DSS in the county where the juvenile resides or is found. How can the report be made? Orally, written, by telephone.

What is a detention center?

Facility approved to provide secure confinement and care for juveniles. Include both State and locally administered homes, centers, and facilities.

What is kidnapping by a parent?

For any type of action to be brought in cases where it is alleged that one parent has "snatched" or kidnapped their child, there must first be enforceable and valid court order in place governing custody of the child. Until this order is entered, any parent may take the child anywhere. LEO should determine if any court order exists simply by asking the parent. If no order exists, the LEO can't force either spouse to comply with the other's wishes. LEO should explain the spouse complaining should seek advice from family law attorney because resolution can't be handled by LEOs.

After understanding, how can you establish rapport with juveniles?

Helps ease or prevent tension by allowing juveniles to see officers as people rather than robots. Helps them see you as allies. 1. Starts by developing a helping relationship vs. an adversarial relationship. Begins with building a strong alliance that lets them feel they are on the same side. 2. Some youth may not like you and many have been exposed to abuse by adults so they may have their guard up. Your uniform may also make you intimidating. 3. Keeping this in mind, and going out of your way to otherwise convey your desire to form a relationship and be approachable. 4. Relationship requires both parties to feel comfortable and equal. Allow juvenile to feel respected and valued, and it gives them a sense of control and you will be much more effective. KEY ELEMENTS: empathy, genuineness, and positive regard

What is law enforcements role in assisting a DSS evaluation?

If a LE agency believes the release of information will jeopardize the state's right to prosecute or a defendant's right to a fair trial, the agency may seek a court order to prevent disclosure of the information. Such actions are to be given immediate priority on the trial and appellate court dockets. Most communities use multi-disciplinary team approach in dealing with abuse and death of a child cases.

What is intercourse and sexual offenses with certain victims/student?

If a defendant works for the school that the student attends and is at least four years older than the victim, engages in vaginal intercourse or a sexual act with a student the defendant is guilty of a CLASS G FELONY, except when the defendant is lawfully married to the student. Less than four years, does the same thing: CLASS I (the letter) FELONY A defendant who has assumed a position as parent/guardian of minor or is employee of institution having custody of a minor and engages in vaginal intercourse or sex act with the minor: CLASS E FELONY

Additional Strategies for Working with Youth: LOOKING FOR SIGNS OF STRENGTH

Important to see the juvenile as a person who has assets and value/worth as a person, not just their faults.

Undisciplined Offenses: TRUANCY

In NC, every parent/guardian of a child between 7-16 shall require the child to attend school continuously when school is in session. After 3 unexcused absences, the principal shall notify the parent/guardian. After 6 unexcused absences, the principal shall notify the parents by mail that they may be in violation of the compulsory attendance law. After 10 unexcused absences, the principal shall confer with the student and parent to determine whether the parent has made a good faith effort to comply with the law. *If parent has not complied with the law, the local DA and DSS will be notified.* CLASS 1 MISDEMEANOR against the parent/guardian, not the juvenile.

Where can you find a DSS office?

In each county

What are some examples of child abuse?

Incest, broken bones, burns, bites, bruises, cuts, severe anxiety related to the abuse, etc.

How does a juvenile court keep its jursidiction?

Once jurisdiction has been obtained, it will continue until one of the following conditions have been met: 1. Until terminated by the court 2. Until the juvenile reaches 18 3. Until emancipation

What is an ex parte order?

One which is entered without first letting the respondent an opportunity to be heard or to hear the evidence which supports the allegations against them. (Must have probable cause to believe juvenile is at risk for immediate harm or respondent is interfering).

What is serious physical injury?

Physical injury that causes great pain and suffering and includes serious mental injury

Duty to Report Under G.S. 90-20.21

Physicians and hospitals must report to the appropriate LE agency, recurrent illness or serious physical injury to any child under 18 where the illness or injury appears to be the result of non-accidental trauma.

What is detention?

Secure confinement of a juvenile under a court order

What does DSS promote and what do they do?

Self-reliance and self-sufficiency. Work to prevent abuse, neglect, dependency, and exploitation of vulnerable individuals, children, and their families.

Who is a director?

The head of the county DSS in the county where the juvenile resides or is found or other representatives as authorized.

How should an officer handle complaints during an LE investigation of child abuse?

The initial approach should be made in a professional manner and explain that the health/safety of the child is being considered. Be sure to show concern and sympathy. If a parent refuses to let you enter, probable cause is needed that there is a crime being committed unless you are entering to save a life or prevent serious bodily harm. If your entry is denied by parent/guardian, you may NOT enter unless you have: 1. an arrest warrant if the subject resides within the home 2. a search warrant covering the home 3. reasonable belief that you need to make a warrantless entry to save a life or prevent serious bodily harm (neighbors and others may have to be interviewed to establish this probable cause).

Role of LEO in Delinquency Proceeding

The officer may: 1. Release the juvenile, with or without first counseling them 2. Release the juvenile to the juvenile's parents/guardian 3. Refer the juvenile to the community resources 4. Seek a petition or 5. Seek a petition and request a custody order

What is nonsecure custody?

The order must first consider the release of the juvenile to the parent/relative/guardian/etc. If the court issues a nonsecure custody order, LE serves the order and the person designated in the order to take custody of the child. Copy must be given to parents/guardian.

What does beyond parental control mean?

The parent is unable or unwilling to maintain discipline/control over their child. May be necessary to take custody of juvenile under these conditions, but he/she cannot be detained in a secure custody facility. Temporary custody may be appropriate to get resources for the juvenile: counseling, mental health, shelter referral, etc. No longer than 12 HOURS to determine if nonsecure custody order is needed or not.

What is a custodian?

The person or agency that has been awarded legal custody of a juvenile by court

What is temporary custody?

The taking of physical custody and providing personal care and supervision until a court order for nonsecure custody can be obtained. *Personal care/supervision means close/constant supervision by LEO who took child into temporary custody. It does not mean juvenile can be placed in room alone or given to someone else to care for and watch.*

What are some examples of reasonable efforts?

When DSS uses preventive or reunification services if a juvenile is remaining at home or returning home. OR If a court determines the juvenile should not return home, the diligent and timely use of permanency planning services to develop and implement a permanent plan for the juvenile.

When and how long can medical professionals to retain physical custody of a juvenile?

When authorized by the chief district judge when brought in for medical treatment as a result of suspected abuse. Time limit is 12 hours.

Duty to Report Under G.S. 110-105.4

Where a report is received of child sexual abuse in a day care facility or home, DSS must notify SBI within 24 hours or on the next work day. If during any other investigation, it is found that child sexual abuse may have occurred in a day care facility, then DSS must notify SBI.

What is taking indecent liberties with a student?

Willfully taking or attempting to take any immoral, improper, or indecent liberties with a student for the purpose of arousing or gratifying sexual desire OR willfully committing or attempting to commit any lewd act upon or with the body or any part/member of the body of a student. This does not include vaginal intercourse or a sexual act. If the defendant is teacher/administrator/school safety officer/coach/etc. who is at least four years older than victim and takes indecent liberties with student, it is a CLASS I (the letter) FELONY. Less than four years is also CLASS I (the letter) FELONY.

If an ex parte order is issued, how many days after will the hearing be scheduled?

Within 10 days to determine if the order should remain in effect (or to enter a new order, depending on any change in circumstances.

Why would a juvenile want to runaway?

abuse, neglect, family conflict, mental health, substance abuse issues, etc.

Additional Strategies for Working with Youth: IDENTIFY STRENGTH

allows you to build a relationship by pointing out to the juvenile that you are aware of their positive qualities or behaviors.

Who is a judge?

any district court judge

What is a teen court program?

community resource for diversion of cases in which juvenile has allegedly committed certain offenses for hearing by a jury of the juvenile's peers, which may assign them to counseling, restitution, curfew, community service, etc.

What is juvenile court?

district court exercising jurisdiction un NCGS Chapter 7B

Additional Strategies for Working with Youth: TRUST

firm reliance on the integrity, ability, or character of a person Develops over time based on effects of one-on-one day-to-day relationships. Common attributes that build this are: being committed to a goal, caring deeply about who you serve, honest/integrity, and acknowledging your mistakes.

What is positive regard?

flows from the first two attitudes (empathy and genuineness). attitude embodied by two questions: 1. Do we tend to treat individuals as persons of worth, or do we subtly devaluate them by our attitudes and behavior? 2. Is our philosophy one in which respect for the individual is uppermost?