Juvenile Law NC BLET State Exam Review

Print this FlashCard
Question Answer
How does juvenile justice relate to the role of LEO's? A LEO must report abuse to DSS and they will decide to file a petition; LE are required to assist in the investigation and evaluation of the seriousness of any report upon request of the Director of DSS
What are the laws that apply to legally interviewing a juvenile in a non-custodial situation? Do not read Miranda; say "you are free to leave"; avoid having weapons visible; do not use an interrogation room setting; do not over supervise
What are the laws that apply to legally interviewing a juvenile in a custodial situation? Read the juvenile Miranda rights; obtain a valid waiver of rights if they are 16 and do not wish to have a parent present; cease interrogation at any time if they invoke their right to silence; record electronically; take meticulous notes
What is the minimum age for a juvenile to be alleged abused or neglected? There is none
What is the minimum age for a juvenile to be alleged delinquent or undisciplined? 6
What is the chapter of the NCGS that deals with juveniles? 7B
What are the 4 types of juveniles? Delinquent, undisciplined, abused, and neglected
What information should be on a petition for a juvenile? The name, DOB, address of juvenile, name and last known address of each party, and allegations of facts sufficient to invoke jurisdiction over juvenile
What is the age range for a delinquent/undisciplined juvenile? Between 6 and 16
What is the age range for an abused/neglected juvenile? Between 0 and 18
What makes a juvenile delinquent? If they commit a crime or infraction under state law or local ordinance, including motor vehicle laws
What makes a juvenile undisciplined? If they are unlawfully absent from school, regularly disobedient to and beyond the disciplinary control of their parents, is regularly found in places where it is unlawful for them to be, or has run away from home for more than 24 hours
What makes a juvenile abused? If their parent, guardian, custodian, or caretaker inflicts or allows to be inflicted on them serious physical injury or emotional harm, whether accidental or not; commits, permits or encourages the commission of a crime or delinquent behavior
What makes a juvenile neglected? If they do not receive proper care, supervision, or discipline from their parent, guardian, custodian, or caretaker; have been abandoned; or if they live in an environment injurious to their welfare
What is an NTO? Non-testimonial Identification Order
Who can issue a NTO? Any judge of district or superior court
Who can request an NTO? A prosecutor (DA)
What is included in an NTO? Fingerprints, measurements, blood, urine, saliva, hair, handwriting, voice samples, photographs, line-ups
What must be established on the affidavit for a NTO? Probable cause that the offense committed would be a felony if committed by an adult, reasonable grounds that the suspect named is the one who committed it, and that the result of the NTO will be of material aid in the prosecution of said juvenile
What are the intake services for a juvenile during the intake process? Determination of whether: there is enough evidence that the facts alleged are true; everything is within the jurisdiction of the juvenile court; the facts warrant court action
Why must an officer work as a team with protective service professionals like DSS? To investigate and evaluate the seriousness of any report
Who should all reports of a juvenile being abused, neglected, or dependent be sent to? The director of DSS
How is an "action commenced" in regards to a ? By the filing of a petition in the clerk's office (when open) or by the issuance of a juvenile petition by a magistrate (when clerk's office is closed)
How long do you have to serve a juvenile summons on a parent, guardian, custodian, or caretaker? 5 days
When may a juvenile be taken into temporary custody without a court order? When there are reasonable grounds to believe that the juvenile is abused, neglected, or dependent and that they would be injured or could not be taken into custody if it were first necessary to obtain a court order
What is the preferred setting for holding conferences with juveniles and their parents? An office building (controlled environment, more secure and less dangerous than home, more privacy and less distractions)
What is the second best place for holding conferences with juveniles and their parents? The place of arrest
Can you take the juvenile home to hold conferences with them and their parents if necessary? Yes
What two ways can you try to locate a juvenile's parents? Call them and have a car swing by their house to see if they're home
Does simply a petition authorize the taking of physical custody of a juvenile? No, it must be accompanied by a secure custody order
Who issues juvenile petitions? Juvenile intake counselor
What are the criteria for obtaining an order to assume arrest? Order must be in writing and must direct a LEO to assume custody; parent and child must be given a copy; if a secure custody order, copy must be given to detention facility
Can a juvenile be taken into secure custody based on a DCI message that a petition and custody order are on file? Yes
Copies of the petition and order must be sent to the detention facility within how long? 72 hours
When should a juvenile contact report be made? Whenever facts confirm that a juvenile has violated the law; it must be accompanied with an arrest order and must be maintained in the proper place in the dept's records according to departmental rules
Why must be treat juveniles differently than adults? The goal is to try and rehabilitate them, not prosecute them
"Petition" is the juvenile term for what? A charging document like a warrant
"Adjudicated" is the juvenile term for what? Found guilty
"Disposition" is the juvenile term for what? Sentencing
"Juvenile intake counselor" is the juvenile term for what? Magistrate (actually a different person, but serves the same purpose)

Leave a Reply

Your email address will not be published. Required fields are marked *