Study Guide Post Exam Juvenile Content
5.8.2 Identify the role and responsibility of the Juvenile Court
In matters of delinquency and unruliness, a person is a child until the age of 18 (17 in Georgia). If under 17 she or he is processed by Juvenile court.
A juvenile is a child under the age of 17
A status offense is not a crime if committed by adult, but is not allowed if committed by child. A status offense includes truancy, runaway, or a curfew violation.
A delinquent act is not a status offense, nor deprivation, nor neglect
A juvenile probation officer has the following responsibilities: investigates / receives complaints of delinquency, unruly conduct, and deprivation, / supervises juvenile offenders who are placed on probation / takes juvenile offenders into custody
Only the juvenile court can adjudicate delinquency (guilt)
The Juvenile Court may appoint a “guardian ad litem” when the interests of a juvenile offender and those of his parents or guardian are in conflict
A person is considered “indigent” if, at the time of requesting counsel, is unable to provide full payment for the legal counsel fees.
In Georgia, the agency having primary responsibility over the custody, counseling, rehabilitation, and training of delinquent juveniles is the Department of Juvenile Justice
There is a juvenile court established in every Jurisdiction (county)
A person other than the parent or legal guardian of a juvenile, who takes the role of custodian, is said to be in "loco parentis" which means “in place of the parent.” So the State would be in “Loco Parentis” to a delinquent, unruly, or deprived child, when the parent or legal guardian cannot assume the role of custodian.
“Exclusive” original jurisdiction over most matters relating to juveniles is the Juvenile Court
A child under 18 years of age who is without necessary sustenance in form of parental supervision, food, lodging, medical care, or education is defined as deprived.
A violation of a federal or state criminal statute, local ordinances and some serious traffic offenses, committed by a juvenile is a delinquent act
A child under 18 years of age (17 in Georgia), who commits an unlawful act, not considered a crime if committed by adult, is considered unruly. A child could be charged as unruly if out between midnight and 5:00am
A child under 18 years of age (17 in Georgia) who commits an unlawful act, considered a crime if committed by adult, is considered. delinquent
An offense not considered a crime if committed by an adult is called a status offense
Examples of acts considered a delinquent act would be criminal trespass, theft by shoplifting, or simple assault
Any adult person is authorized to file a petition alleging delinquency, deprivation, or unruliness of a juvenile if he or she is having knowledge of the delinquency, deprivation, or unruliness. Does not have to be the victim of the offense, does not have to be a peace officer or Juvenile Court Intake Officer.
The curfew period for a minor is 12:00 midnight until 5:00 am daily
Driving under the influence of alcohol or drugs is a delinquent offense, not to be treated as a juvenile traffic offense, because it would be crime if adult.
Speeding, failure to obey a traffic control device, or driving without a valid driver's license are examples of juvenile traffic offense.
Under O.C.G.A. 15-11-83, the official repository for juvenile criminal history data is The Georgia crime Information Center of the Georgia Bureau of Investigation
5.8.1 Identify the correct procedures for the custody and detention of a juvenile
A juvenile in custody can request to see his or her parents, at that point all questioning must stop because any comments would then be inadmissible. The request to see parents is the same as a request to consult with an attorney, since the parent is responsible for the welfare of the child.
A child who is taken into custody for being unruly, cannot be in custody over 12 hours
A child adjudicated delinquent is usually deemed in need of treatment or rehabilitation. In that instance, the place for detention is always determined by the juvenile court.
A person who has reached his or her 18th birthday, (seventeenth in some states, including Georgia) who breaks the law, will be charged with a criminal offense. When custody is required, may be taken to adult Jail
A child alleged to be delinquent, unruly, or deprived may require custody to protect the child, or society. If not released, an informal detention hearing shall be held promptly and no later than 72 hours after the child is placed in detention or shelter care.
A deprived child under the age of 18 should be taken to Juvenile shelter if custody is required
A juvenile offender may be detained for these reasons: a) to protect the juvenile offender or others, b) when the juvenile offender may abscond, c) or when the juvenile offender has no parent, guardian, or custodian
A minor child commits a delinquent act that would be a felony if committed by adult. The commitment must not exceed a period of more than 5 years
5.8.3 Identify constitutional rights afforded juveniles under the decision In Re Gault
The ruling in "In Re Gault" is that juveniles have the right to legal counsel, notificanion of charges, and confront witness. The right not available to a juvenile is the right to a trial by jury
5.8.4 Identify restrictions which apply to peace officers in terms of photographs, fingerprints, and records of juveniles
30. Under O.C.G.A. 15-11-83, juveniles are fingerprinted and photographed for any offense, which if committed by an adult would be a felony
5.8.5 Identify the components of a Juvenile Complaint Form (Form 90).