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Flashcards in Juvenile Delinquency Deck (46)
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1

Which of the following states two options the court has upon finding that the child committed a delinquent act or law violation?


A Adjudicate the child delinquent only, or withhold adjudication and order restitution.
B Adjudicate the child delinquent and place the child in a probation program, or withhold adjudication and order restitution.
C Place the child in a probation program without an adjudication, or adjudicate the child delinquent and order community service.
D Order the child to participate in a substance abuse program without an adjudication, or adjudicate the child delinquent and order community service.

A Adjudicate the child delinquent only, or withhold adjudication and order restitution.

The court may adjudicate the child delinquent. Alternatively, it has discretion to withhold adjudication and order the child to (a) participate in a probation program, (b) make restitution, (c) engage in community service, (d) participate in a substance abuse program, or (e) enroll in an educational program. Under such circumstances, the court may enter an adjudication of delinquency if the child subsequently fails to abide by the court’s order.

2

Which is not a kind of motion that a child may file in delinquency proceedings?


A Motion to dismiss
B Motion to sever
C Motion on plea
D Motion to suppress

C Motion on plea

A child may not file a motion on plea in a delinquency hearing. A child in proceedings may file motions to dismiss on constitutional or other grounds, motions to sever the proceedings, and motions to suppress evidence (including, commonly, motions concerned with school-based searches and with the voluntariness of custodial interrogations).

3

When must a delinquency petition be dismissed?


A If the court determines at any time that the child will never become competent to proceed
B If the court determines that the child might not become competent within the next year.
C If two years have passed since the order of incompetency and the evidence suggest the child might not attain competency within a year.
D If two years have passed since the order of incompetency and no evidence suggests the child will attain competency within a year.

D If two years have passed since the order of incompetency and no evidence suggests the child will attain competency within a year.

The court must dismiss the petition if (a) the child has not attained competency after two years have passed since the order of incompetency was issued, and (b) there is no evidence that the child will attain competency within the upcoming year. The court may also dismiss the petition if it determines at any time that the child will never become competent to proceed.

4

If a child adjudicated incompetent to proceed has committed an act or law violation that would be a felony if committed by an adult, she must be:


A Committed to the Department of Juvenile Justice (“DJJ”)
B Committed to the Department of Children and Family Services (“DCF”)
C Placed in a secure facility or program
D Provided restoration-of-competency treatment or training services because of his age or immaturity.

B Committed to the Department of Children and Family Services (“DCF”)

A child adjudicated incompetent who has committed an act that would be a felony if committed by a competent adult must be committed to DCF for treatment or training. If, however, the incompetency adjudication was premised on the child’s age, immaturity, or any reason other than the child’s mental illness or retardation or autism, the child may not be committed to DJJ or DCF for restoration-of-competency treatment or training services.

5

Provide three findings that are each grounds for placing a child in detention.


A When the child must appear at a future hearing, when the child needs protection from future bodily harm, and when the placement facilitates interrogation or investigation.
B When the child has committed a property offense previously, when there is a lack of more appropriate facilities for placement, and when the child has committed contempt of court.
C When the child requests protection from imminent bodily harm, when the child presents a substantial risk of inflicting bodily harm on others, and when the child has committed contempt of court.
D When the child has committed a property offence previously, when the placement permits more convenient administrative access to the child, and when the child must appear at a future hearing.

C When the child requests protection from imminent bodily harm, when the child presents a substantial risk of inflicting bodily harm on others, and when the child has committed contempt of court.

Three findings each of which provides grounds for placing a child in detention are requesting protection from imminent bodily harm, presenting a substantial risk of inflicting bodily harm on others, and committing contempt of court by intentionally disrupting the proceedings, disobeying a court order, or engaging in a punishable act or speech in the court’s presence. Other grounds justifying detention include a child presenting a substantial risk of not appearing at a subsequent hearing, and presenting a history of committing a property offense prior to adjudication, disposition, or placement.

6

After arresting a minor, may police department release a copy of the offense report to the school board?

Yes.

When a child of any age is taken into custody for a law enforcement officer for a crime of violence or for an offense that would have been a felony if committed by an adult, the superintendent of schools must be notified, and the superintendent must notify other appropriate school personnel.

7

May a child be placed into a police car or similar vehicle that at the same time contains an adult under arrest?

No, except in an emergency. Unless the adult is alleged or believed to be involved in the same offense as the child.

8

Must the person taking a child into custody attempt to notify the parent, guardian, or legal custodian?

Yes.

If the child is delivered to a juvenile probation officer before notification is achieved, the juvenile probation officer must continue the attempt to notify.

9

Can a law enforcement agency fingerprint and photograph a child taken into custody?

Yes, upon probable cause that the child has committed any other violation of law.

If the child is not referred to the court, or if the child is found not to have committed a violation of law, the court may order the originals and copies of the fingerprints and photographs destroyed.

10

If a child taken into custody is released, the person who took child into custody must:

Within 24 hours after the release, make a written report or probable cause affidavit to the juvenile probation officer sating the facts and the reason for taking the child into custody.

11

May a law enforcement take a child to a facility used for the detention of adults?

Yes.

A law enforcement officer may deliver the child for temporary custody (not to exceed 6 hours) to a secure booking area of a jail or other facility used to detain adults for the purpose of fingerprinting or photographing the child or awaiting transport to the Department of Juvenile Justice ("DJJ"), but no regular sight and sound contact between the child and adult inmates is permitted.

12

May a child be fingerprinted or photographed prior to an adjudication of delinquency for an offense that would not be a felony if committed by an adult?

If the offense would be a felony if committed by an adult, the child WILL be fingerprinted.
A law enforcement MAY fingerprint and photograph a child taken into custody upon probable cause that the child has committed any other violation of law.

13

If a child is charged with possession or discharging a firearm on school property, where must he be placed?

Secure detention care

14

A child who is ordered to be detained must be given a hearing within 24 hours to determine:

(1) The existence of probable cause that the child committed the delinquent act or violation of law; and
(2) The need for continued detention.

15

If the court at any time has reason to believe the child may be incompetent to proceed with the hearing:

The court on its own motion MAY, or on the motion of the child's attorney or state attorney MUST, stay all proceedings and order an evaluation of the child's mental condition.

16

In determining the competency of a child to proceed with a hearing, findings of fact must be based on an evaluation of the child's mental condition by:

Not less than 2 nor more than 3 experts appointed by the court.

17

A child determined incompetent to proceed who has committed a delinquent act or violation of law that would be a felony if committed by an adult must be committed to:

The Department of Children and Family Services for treatment.

18

A child will meet the criteria for secure placement if the court makes a finding by clear and convincing evidence that he will:

Inflict serious bodily harm on himself or others and all available less restrictive alternatives are inappropriate.

19

If a child has not attained competency at the end of the 2-year period following the date of the order of incompetency and there is no evidence that he will attain competency within a year:

The court MUST dismiss the delinquency petition.

20

If the court determines at any time that the child will never become competent to proceed:

The court MAY dismiss the delinquency petition.

21

Children who are adjudicated delinquent and awaiting placement in a commitment program (must/may) be placed in detention care.

Must

22

Children who are in home detention care or nonsecure detention care (must/may) be placed on electronic monitoring.

May

23

A child who is waiting placement in a low-risk or moderate-risk residential program (must/may) be removed from detention within 5 days (excluding Saturdays, Sundays, and legal holidays).

Must

24

If the child is committed to a high-risk or maximum-risk residential program, the child (will/will not) be held in detention care until placement or commitment is accomplished.

Will

25

Although no answer to the petition is required, an answer admitting the allegations the petition (must/may) be filed by the child joined by a parent or the child's counsel.

May

26

If the state attorney certified the child for prosecution as an adult and requested that the child be transferred for criminal prosecution as an adult, will the court order delivery of the child to a jail or other facility use for the detention of adults?

Yes

27

If the state attorney certified the child for prosecution as an adult and requested that the child be transferred for criminal prosecution as an adult, must the child be housed separately from adult inmates and prohibited from having regular contact with incarcerated adults, including trustees?

Yes

28

If the state attorney certified the child for prosecution as an adult and requested that the child be transferred for criminal prosecution as an adult, will supervision of the child include physical observation and documented checks by personnel at intervals not to exceed 20 minutes?

No.

Supervision of a child transferred to a jail or other facility used for the detention of adults includes physical observation and documented checks by personnel at intervals not to exceed 15 minutes.

29

Proceedings seeking a finding that a child has committed a delinquent act or violation of law are initiated by ____________ filing a petition for delinquency in writing and under oath.

The state attorney

30

An adjudicatory hearing must be held when?

As soon as practicable after the petition is filed.

The child is entitled to conduct discovery. Reasonable delay for investigation, discovery, or producing counsel will be granted.