Handling Juveniles
Policy text
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Source file: 1.12 Handling Juveniles.pdf. Policy dates appear on the original cover. Page links use the PDF's page order.
M.G.L. links open the Massachusetts Legislature’s website. Citations with no matching section open the cited chapter directory.
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Policy & Procedures No. 1.12
Subject:
Handling Juveniles
Issuing Authority: Effective Date: Revised Date:
Chief of Police 08/01/2017 09/10/23
References:
Review
Revision 12/02/18
Reissued 12/22/19
Dates: 11/11/20
CALEA STANDARDS
41.4.4 44.2.1 82.1.1
41.4.5 44.2.2 82.1.2
42.2.0 44.2.3 82.3.5
44.1.1 44.2.4
44.1.2 44.2.5
GENERAL CONSIDERATIONS & GUIDELINES
Although the police are not expected to be social workers, they must have an understanding of
the social and psychological factors which contribute to juvenile misbehavior and crime. By
the nature of their duties, the police should be familiar with any undesirable conditions in the
community which breed juvenile delinquency. The prevention of juvenile crime has a high
priority and any success in this regard can pay large dividends to the community and to its
young people. The Canton Police Department is committed to the development and
perpetuation of programs designed to prevent and control juvenile delinquency. 44.1.1
As a preventative measure, officers should frequently check those areas, places and buildings that
have been particularly prone to juvenile delinquent behavior and question all juveniles found
in suspicious situations. Energetic patrol, impressing the fact of a consistent police presence, can
be a most effective deterrent. The department should also cooperate actively with all
other agencies, public or private, that can be of assistance in deterring and controlling
juvenile delinquency.
It is generally recognized that juveniles who engage in anti-social conduct present different
problems to society than do adults who engage in similar activity, and there is, therefore, a
modification of police procedures in handling juvenile offenders. All agency personnel shall
be cognizant of this and shall work together in juvenile operations. 44.1.1
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This special procedure is based on the concept that juvenile offenders are often not yet
hardened and may be more easily influenced to conduct themselves within the law. There is
no question that the attitude and actions of the police can have considerable impact upon the
first-time offender who is often a badly frightened youngster at the time of his/her arrest. How
the juvenile is treated by the police can make a lasting impression. However, it must be
remembered that the hardened juvenile criminal can be just as dangerous as any adult.
Police officers play a very important part in the Juvenile Justice System. Patience,
understanding, firmness, and close cooperation with court officials in the processing of
juvenile cases are required for the system to operate most effectively.
For most people, the ultimate symbol of authority in a community is a police officer. This is
probably true for juveniles as well. But while the majority of people accept the presence of
such authority with no problem, juveniles may often react in strange ways. It cannot be
overemphasized that police contact can be very important in the social development of young
people within the community. Police reaction to this sensitive relationship can solidify
favorable attitudes already in existence and more importantly, help to guide the behavior of the
borderline case.
JUVENILE ARREST OVERVIEW
I. JUVENILE
A child under the age of eighteen (18)
A. Under Age 12: A juvenile under the age of twelve (12) cannot be charged with a
crime.
B. Age 12 to Age 18: A summons is the preferred method for bringing all juveniles to
court, unless there is reason to believe the child will not appear upon a summons.
C. Arrest Warrant: A warrant will issue if the court has reason to believe the child
will not appear upon a summons or if the child has been summoned and did not
appear, or if the juvenile violated the terms and conditions of probation.
II. DELINQUENT CHILD
A child between 12 and 18 years of age who commits any offense against the law of the
commonwealth; provided, however, that such offense shall not include:
- A civil infraction,
- A violation of any municipal ordinance or town by-law,
- A first offense of a misdemeanor for which the punishment is a fine, imprisonment
in a jail or house of correction for not more than 6 months or both such fine and
imprisonment.
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III. NON-SECURE DETENTION/CUSTODY:
A condition under which a juvenile’s freedom of movement is controlled by members of the
department and, during such time, the juvenile:
A. Is held in an unlocked, multi-purpose room that is in no way designed for residential use;
B. Is not handcuffed to ANY stationary object;
C. Is held only long enough to complete identification, investigation and
processing and then released to a parent or guardian or transferred to a
juvenile facility or the court; and
D. Is under continuous supervision until released.
IV. SECURE DETENTION/CUSTODY
Is defined as physically detained or confined in a room, set of rooms, or a cell that have the
ability to lock an individual within. Secure detention can result from either being placed in
such a room and/or from being physically secured to a stationary object such as a cuffing
rail/bench.
A. No juvenile between fourteen (14) and eighteen (18) years of age (one day before
18th birthday), shall be placed in a cell, unless the cell has been certified by the
Department of Youth Services.
B. Juveniles that are securely detained in police custody must be separated by sight
and sound from adults in custody.
C. A juvenile may not be held in police custody for longer than six (6) hours.
D. A juvenile should only be held long enough for police to complete the
identification and booking process. Once completed, the juvenile should be: a)
transported to the juvenile court (during court hours), b) released to his/her
parent/guardian/custodian, or c) transported to the Overnight Arrest Program
(Nights/Weekends/Holidays).
E. A juvenile placed in Protective Custody, for ALCOHOL, CANNOT BE
SECURELY DETAINED for any amount of time.
F. A juvenile placed in Protective Custody, for Controlled Substance/Toxic Vapors,
MUST be transported to an appropriate emergency medical treatment facility.
G. A juvenile placed in custody in accordance with Child Requiring Assistance (CRA)
CANNOT be brought back to the police station. See Overview of CRA
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V. JUVENILE ARREST- DELINQUENT OFFENSE
A. When a juvenile is placed under arrest, police shall immediately notify at least one
(1) of the child’s parents, or, if there is no parent, the guardian/custodian with
whom the child resides or the Department of Children and Families (DCF) if the
child is in their custody. 44.2.2 (2E)
B. During court hours, police must complete the booking process and then transport
the juvenile to the Juvenile Court.
C. After court hours: There is no longer a statutory requirement for police to contact
a Juvenile Probation Officer, and as such, Probation has ceased its on-call
program. Therefore, the OIC of the station will make a determination whether to
release the juvenile or to detain the juvenile.
i. Release: If the juvenile has been arrested without a warrant and the OIC of
the police station determines that the juvenile should be released, such release
shall be done so upon the acceptance of the written promise from the parent,
guardian, relative, custodian or a representative of DCF who will ensure the
juvenile’s appearance in court.
• The OIC of the police station will release the juvenile to
appear in the Juvenile Court on the next predetermined
recognizance date for that court. OIC’s should refer to the
Juvenile Court serving their community for a current list of
recognizance dates.
ii. Detain: If a juvenile, between fourteen (14) and eighteen (18) years of
age, has been arrested on a warrant or if the OIC of the police station
request in writing for the juvenile to be detained, the OIC shall contact
the Bail Magistrate/Bail Commissioner.
• In accordance with MGL C119.S67, a juvenile age twelve
(12) or thirteen (13) who has been arrested without a warrant is
prevented from being admitted to bail and therefore must be
released to a parent, guardian or custodian. See Sec. V (C)(i)
D. Bail: The Bail Magistrate/Bail Commissioner will set bail and/or terms and
conditions of release based on the juvenile’s current charge(s), circumstances
of the arrest, criminal history and/or as directed by the arrest warrant.
E. A juvenile charged with delinquency offenses shall not be held in a police lockup
or otherwise securely detained for any longer than six (6) hours. If the juvenile is
placed in a cell, the cell must be a certified cell by the Department of Youth
Services.
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F. The requirement not to release a defendant for six (6) hours when arrested
for a violation of MGL C209A or MGL C265, S13M (Domestic Assault or
Domestic Assault and Battery) or 15D (Strangulation or Suffocation), DOES
NOT apply to juveniles.
G. Juveniles held in police custody must be held sight and sound separate from adult
detainees.
H. Within six (6) hours of the arrest, the juvenile must be either: a) transported to the
juvenile court, b) released to his/her parent/guardian/custodian or c) transferred to
the custody of the Overnight Arrest Program (After 6pm weeknights and anytime
on the weekends/holidays).
• The best practice is for the six (6) hour clock to start when the
juvenile is placed in police custody and ends when custody is: a)
transferred to the juvenile court, b) the juvenile is released to his/her
parent/guardian/custodian or c) custody is transferred to the Overnight
Arrest Program.
VI. JUVENILE- UNABLE TO MAKE BAIL / UNABLE TO BE RELEASED
A. When a juvenile has been charged with a delinquency or youthful offender offense
and is unable to make bail or is unable to be released (non-bailable arrest warrant)
and court is closed, police must contact the Department of Youth Services (DYS)
Central Referral Line at 617- 474-8150 or 617-474-8179. (After 6:000pm
weeknights and anytime on weekends/holidays).
B. DYS will speak with the officer regarding the juvenile's arrest and complete the
Statewide Awaiting Arraignment/Overnight Arrest Referral Form. Officers will need
to specify the bail amount as it relates to the Bail Fee and Bail. See attached
Statewide Arraignment/Overnight Arrest Referral Form.
• Bail Fee Only: If a juvenile is being held on a Bail Fee only ($40.00 –
Personal Recognizance), DYS has no authority to hold the juvenile in their
custody. The OIC of the police station shall inform the Bail
Magistrate/Bail Commissioner of this and arrangements will be made to
release the juvenile without imposing a Bail Fee.
• If the juvenile is in the custody of DCF, DCF shall be notified via
the DCF Hotline to take custody of the juvenile.
• If a parent, guardian or custodian refused to take custody of a
juvenile who is otherwise eligible to be released, the officer shall
file a 51A and notify DCF via the DCF Hotline for placement.
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C. DYS will provide the officer with the location of the Overnight Arrest Program.
• If the juvenile is suffering from any medical condition(s), (such as; under
the influence drugs/alcohol, suicidal thoughts, pepper sprayed or tasered)
he/she must be medically cleared prior to placement.
• Police are responsible for obtaining any current medications for the
juvenile.
• Police must provide a copy of the Booking Sheet prior to placement.
• It is the police department’s responsibility to transport the juvenile to the
Overnight Arrest Program. Before 9:00am, the police must transport the
juvenile from the Overnight Arrest Program to the Juvenile Court.
D. Jenkins Hearing: If a juvenile is arrested without a warrant and held in custody (to
include while being held at the Overnight Arrest Program), for more than twenty-
four (24) hours, he/she is entitled to a Jenkins Hearing to determine whether or not
there was probable cause to make the arrest and to continue to hold the juvenile.
Jenkins v. Chief Justice of the District Court, 416 Mass. 221, 223 (1993).
• The bail magistrate/bail commissioner that set bail on the juvenile cannot
be the same magistrate who conducts the Jenkins Hearing.
• Officers must call a magistrate, if the juvenile will be held over twenty-
four (24) hours, to facilitate a Jenkin’s determination of probable cause to
continue to hold the juvenile.
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JUVENILE ARREST
DELINQUENT OFFENSES
Notification
The OIC shall notify:
- One of juvenile’s parent(s), if no parent, then
- Guardian/Custodian with whom juvenile resides,
or
- DCF if the juvenile is in their care & custody
Release: If arrested without a warrant Detain: If a juvenile (between14 & 18 years of age) has
and the OIC determines that the been arrested on a warrant or if the OIC of the police
juvenile should be released, release the station requests in writing for the juvenile to be
juvenile upon the written promise from detained, the OIC shall contact the Bail Magistrate/Bail
the parent, guardian, custodian or DCF Commissioner who will set bail and/or terms and
representative who will ensure the conditions of release based on the juvenile’s current
juvenile’s appearance in the Juvenile charge(s), circumstances of the arrest, criminal history
Court on the next predetermined and/or as directed by the arrest warrant.
recognizance date for that court which
serves the police department. - A juvenile age twelve (12) or thirteen (13)
who has been arrested without a warrant
cannot be admitted to bail and therefore
must be released to either a
parent/guardian/custodian.
Juveniles who are Unable to make Bail or Unable to be Released
• Complete the Booking process
• The juvenile must be separated by sight and sound from adults in custody.
• No juvenile between fourteen (14) and eighteen (18) years of age, shall be placed in a cell,
unless the cell has been certified by DYS.
• The juvenile CANNOT be held in police custody for more than six (6) hours.
• Police must contact the DYS Referral Line for placement of the juvenile in the Overnight Arrest
Program (After 6:00pm on weeknights and anytime on the weekends/holiday) at (617) 474-
8150 or (617) 474-8179.
- DYS will not take custody of a juvenile being held on a Bail Fee only ($40.00 –
Personal Recognizance). The Bail Magistrate/Bail Commissioner shall be notified
to release the juvenile without imposing a Bail Fee.
-
• Transport the juvenile to the Overnight Arrest Program as directed by DYS. Police must
provide a copy of the Booking Sheet prior to placement.
• If suffering from any medical condition, the juvenile must be medically cleared prior to
placement. Police must bring any prescription medications prescribed to the juvenile.
Statewide Awaiting Arraignment/Overnight Arrest Referral Form
• Conduct a Jenkins Hearing if the juvenile was arrested without a warrant and will be held
longer than 24 hours, including while being held at the Overnight Arrest Program. Canton Police Department’s Handling Juveniles Policy Page 7
• Before 9:00am, the police must transport the juvenile from the Overnight Arrest
Program to the Juvenile Court.08PDF page 8Read textHide text
Police Department:________________________________ Date: _______________
Statewide Awaiting Arraingment/Overnight Arrest Referral Form
Police Contact: __________________________ Time of Call: _________________
Police Department Phone Number: _______________________________________
Youth’s Name: _______________________________________________________
Youth’s Date of Birth: _______________ Age: ________ Sex: Male/Female
Charges:
____________________________________________________________________
Whre did charge occur? Home, School, Residential Placement, Community
If Residential Placelment Name: _____________________ Bail Clerk: ____________
Bail Amount: _________________________ Bail Fee Amount: __________________
If fee only DYS does not take these youths. Police call Parent/Guardian or DCF hotline for
placement.
If No Bail, Why? Warrant: Default, Superior Court, Violation of Probation,
If unknown explain: _____________________________________________________
SCOA Screening Questions Screening at
Referral From P.D. Placement
Yes/No Does Youth need medical attentnion Yes/No
List All Medications What medications is the youth on? Verify Medications:
Plice must bring medications with
youth to placement.
Is youth suicidal or talking of hurting
Yes/No themselves? (If yes must be screened Yes/No
by MBHP personnel)
Does youth appear to be under the
influence of any Drugs, Alcohol? (If
Yes/No yes must be screened by Emergency Yes/No
Room Personnel
Is co-defendant or victim also being
Yes/No referred to program? (If yes, additional Yes/No
placement options will be considered)
SCOA Staff: _________________________ Placement Staff: ___________________________
Time of Arrival: __________________ Transporting Officer’s Name: ____________________
Booking Sheet must be received by placement prior to accepting youth.
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Revised June 2018
HANDLING JUVENILES - PROCEDURE
I. Administration
1. An officer, designated by the Chief of police, will have primary responsibilities
for juvenile operations. At the time of this policy, the appointed officer is the
School Resource Officer (SRO).
2. The SRO is to be specifically trained on all aspects of the Juvenile Justice
System and is responsible for keeping abreast of all laws and directives
regarding the handling and treatment of juveniles.
3. The SRO will be familiar with the various diversionary programs used in
dealing with juvenile offenders.
4. So as to ensure that all juvenile offenders are dealt with in a way designed to
achieve the overall objectives of this department, follow-up investigations or
incidents involving juveniles where formal charges may be filed are to be
referred to the SRO.
5. The responsibility for participating in and supporting the department’s juvenile
operations is shared by all department components and personnel. 44.1.1 B
II. General Guidelines for Enforcement Alternatives 41.4.4; 41.4.5
A. While officers should recognize the unique and often sensitive nature of juvenile
contact, they should not be deterred from properly enforcing the law when
required to do so. Enforcement can be via a warning to the offender, a summons
to appear in juvenile court, or by arrest. When possible, the least coercive method
should be used. If a decision to arrest is made, it should be based on the same
legal considerations as the arrest or detention of an adult. 44.2.1 (1)
B. Whenever reasonable and possible, an officer will request a summons for a
juvenile rather than taking him/her into custody. 44.2.1 (2B)
C. The individual officer has discretion in handling these cases. Alternative
interventions available to officers include the following: 41.4.4; 41.4.5
1. Release with no further action or following informal counseling when no arrest
has been made. Officers may turn the juvenile over to his/her parent or guardian
when appropriate; 44.2.1 (2A)
2. Informal referral to an appropriate community social service agency for
potential diversion alternatives; 44.2.1 (2D)
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3. Limited custody and station house warning. The juvenile shall be held in non-
secure custody until released to his/her parent(s) or guardian;
4. Issue a citation or apply for a summons or complaint; and 44.2.1 (2B,C)
5. Refer to juvenile court 44.2.1 (2C)
D. Criteria When Choosing an Alternative
In considering a course of action, the officer shall consider the nature of the
offense, the age of the juvenile, the juvenile’s prior contacts with the police, the
availability of community-based rehabilitation programs, and, in some cases,
the recommendation of the complainant or victim. 44.2.1 (2C); 41.4.4; 41.4.5
III. Arresting and detaining Juvenile Offenders
A. General Guidelines
Any time an officer takes a juvenile into custody or detains a juvenile for
investigative purposes, the officer shall adhere to the following guidelines:
1. Notify patrol supervisor of such actions.
2. Advise the juvenile offender of his/her constitutional rights
when applicable. 42.2.0
3. Whenever an officer advises a juvenile of his/her Miranda Warning,
the officer is required to use the “Miranda Form- Juvenile” forms.
4. Attend to any injury or illness being suffered by the juvenile or
neglect and abuse and document treatment and any follow-up
(ex. 51A’s-Neglect or Abuse, 111B-Protective Custody,
94C’s-Drug Violations ) 44.2.2 (2B)
5. Transport the juvenile without any unnecessary delay to either the
police station, intake facility or the juvenile’s home depending upon
what action is going to be taken. 44.2.2 (2D)
6. Arrested juveniles are subject to the same security and other
transportation requirements as adults and may be handcuffed
or otherwise restrained as necessary during transport
processing.
7. Notify the juvenile’s parent(s) or guardian(s) of the detention
without unnecessary delay, especially prior to any formal interview
or interrogation procedures. 44.2.2 (2E)
8. Complete a detailed investigative report which includes all
information relative to the juvenile and the persons who were
contacted to act on behalf of the juvenile (usually parent or
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guardian).
9. Juveniles have the right to counsel at every stage of the juvenile process.
42.2.0 (2D)
10. Police officers should be aware that constitutional rights are not lost
by virtue of one's age. Indeed, juveniles merit greater protection,
especially in the area of questioning and waiver of rights. 44.2.2 (2C);
42.2.0
B. Referrals to the School Resource Officer
When an arrest is made of a juvenile, all such cases shall be referred to
the attention of the School Resource Officer.
C. Procedures for Juvenile Arrests - Supervisors
When a juvenile (between the ages of 14 and 18) is arrested, with or without a
warrant, the officer in charge shall:
1. Ensure notification of at least one parent, or, if there is no parent, the legal
guardian of the child, or the person with whom the child resides, and,
2. Inquire into the situation to ensure that proper cause for the arrest existed, and
that the juvenile was treated in accordance with the law.
3. If a juvenile has been arrested without a warrant, the Supervisor will
determine if the juvenile is to be released.
4. If there is a warrant or if the Supervisor determined the juvenile is going to
be detained, he/she must notify the Bail Magistrate/Bail Commissioner.
5. The Overnight Arrest Program must be notified when a juvenile is being
held and it is after 6pm on a weekday or anytime on a weekend/holiday.
6. Per Chapter 119 Sec 39H, notify any agency such as the Department of
Children and Families (DCF – formerly known as DSS) or DYS if the
juvenile is in their custody.
Note: The juvenile may be detained pending such notice and inquiry.
D. Booking Juveniles
Juveniles arrested for criminal type offenses are subject to the same booking
procedures as adults.
Juveniles taken into custody for status offenses or for non-criminal offenses shall
not be fingerprinted or photographed. 44.2.2 (2C); 82.1.2 (2)
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E. Holding Juveniles Who Committed Delinquent Offenses – Additional Notes
Juveniles who are at least fourteen (14) years of age, and are arrested for acts of
delinquency (acts that would be considered crimes if they were adults), may be held
in a DYS approved juvenile detention area for up to six (6) hours. This time period
is to allow for processing, investigation, release to parents or transfer to court or a
juvenile facility.
NOTE: Juveniles accused of first- or second-degree murder or who will be
tried in adult court as a youthful offender are not subject to the six-
hour detention limit as they are automatically tried in adult court.
(M.G.L. C.119 s68)
Juveniles held in secure custody, i.e., the juvenile cell, will be under constant
supervision in the cell area by an officer or matron in a manner consistent with
department suicide prevention monitoring procedures (so called "Q5 watch").
Juveniles who are held in the cell area must be kept visibly and audibly separated
from adult detainees. At no time will an adult detainee be placed in a cell with a
juvenile nor will they be transported together in a police vehicle. Remember that
"secure custody" usually means placing a juvenile in the juvenile holding cell, but it
can also mean placing them in a locked room or handcuffing them to a stationary
object.
No child under fourteen (14) years of age may be held in "secure custody."
NOTE: In those rare instances when a person is arrested on a warrant alleging
delinquency (juvenile arrest warrant), and the arrested person is now
an adult (nineteen years of age or older), it is the policy of the
department that such arrested person will be treated as a juvenile
being held in secure custody regardless of his/her age. This means
that he/she will be placed in an unoccupied juvenile cell and
monitored as if he/she were still a juvenile. However, a parent or
guardian does not have to be notified of the arrest, and, after
consulting with a probation officer, the arrestee may be released
outright.
F. Record Keeping for Secure Detention 82.1.2 (6)
Records should be kept that specify:
1. The time the juvenile entered secure detention and the duration of each
period of secure detention.
2. The name of the police officer or custodial officer responsible for
visual supervision; and
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3. A statement of the need for secure detention.
G. Special Considerations
1. No child between the ages of fourteen (14) and eighteen (18) shall be
detained in a police station or town lockup unless the detention
facilities for children have received the written approval of the
Commissioner of Youth Services. (M.G.L. C.119 s.67)
2. No child under the age of fourteen (14) shall be placed in a cell or
otherwise securely detained for any reason. Such child may be held in
a safe environment pending suitable disposition.
H. Detaining Status Offenders at the Police Station – Not Securely Detained
Status Offender: A juvenile who has committed an offense that would
not be a crime if committed by an adult. This includes: runaways,
truants, youth curfew violations, and minors in possession of or
transporting alcohol. 44.2.2 (2A)
A juvenile may be taken in to custody of the Canton Police for being a so called
"status offender." Status offenses are certain acts that if committed by an adult
would not be considered a criminal offense.
Some examples of status offenders are: Children held in protective custody
because they were found present where controlled substances are kept pursuant
to G.L. c. 94c, s.36, or are incapacitated due to intoxication pursuant to M.G.L.
c. 111B, s.8. Or pursuant to M.G.L. c. 111E, s9A consumed a controlled
substance, toxic vapor, or substance other than alcohol and is either: (1)
unconscious; (2) in need of medical attention; or (3) likely to suffer or cause
physical harm or damage property; or (4) disorderly
It shall also be the policy of the Canton Police Department to treat juveniles
who are in custody pursuant to C.123 s.12 (application for committal to the
Department of Mental Health) as status offenders. 44.2.2 (2A)
M.G.L. C.119 s.39H prohibits the SECURE DETENTION of status offenders in a
police station or lockup.
There are five requirements for the non-secure custody of status offenders: 44.2.2
(3)
1. The area where the juvenile is held must be an unlocked area that is
protected from public visibility, such as the conference area in the
FSU office or BCI office; 44.2.2 (A)
2. The area will be such that the juvenile will not have access to CJIS or
confidential information; 44.2.2 (B)
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3. At no time is the juvenile to be handcuffed to any stationary object;
(NOTE: status offenders may be handcuffed if it is appropriate,
but not to a stationary object. The handcuffing of status offenders is not
considered "secure custody")
4. The juvenile is held only for the length of time required to complete
identification, investigation, and processing, and then must be released
to parents, guardians, or other responsible adults, transferred to an
alternative juvenile lockup facility (ALP) or taken to court;
5. The OIC will designate an officer to keep the juvenile under constant visual
supervision until released. 44.2.2 (3C)
Note: The important distinction, in order to comply with the law, is that
while it is permissible for the police to arrest and keep the status
offender in custody, it must not be SECURE CUSTODY. Also note
that if the juvenile is under fourteen (14) years of age, he/she cannot
be placed in a cell or be otherwise securely detained. Such child
may be held in a safe environment pending suitable disposition.
I. Protective Custody 44.2.2
A child under the age of eighteen (18) may be taken into protective custody, for
a period not exceeding four (4) hours if an officer;
1. Finds the juvenile at a place where the officer reasonably believes
there is a controlled substance of Class A, B or C; or
2. Reasonably believes the child to be under age eighteen (18); and
3. Reasonably believes the child knew of the presence of the
controlled substance.
A child under the age of eighteen (18) may be taken into protective custody due to
the consumption of alcohol. (S)he is NOT to be securely detained.
A child under the age of eighteen (18) MUST be transported to an appropriate
emergency medical facility if placed into protective custody due to the
consumption of controlled substance/Toxic vapors.
Note: The officer in charge of the police station shall make every reasonable
effort to notify the juvenile’s parent or guardian or other person having lawful
custody. 44.2.2 (2E)
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J. Child Requiring Assistance (CRA) – Non-Criminal
Behavior: Any child between the ages of six (6) to eighteen (18) whom:
A. Repeatedly runs away from the home of his/her parents or legal guardian;
B. Repeatedly refuses to obey the lawful and reasonable commands of
his/her parents, legal guardian or custodian;
C. Who is sexually exploited –under the age of 18 and has been the victim of
Sexual Trafficking.
School: Any child age 6 to under 16 whom:
A. Repeatedly fails to obey lawful and reasonable school regulations; or
B. Is “habitually truant” – when not otherwise excused, child willfully fails to
attend school for more than 8 school days in a quarter.
Officers no longer have the right of arrest. Police officers are permitted to place the
child in “custodial protection.” The child cannot be handcuffed or shackled.
Officers cannot place the child in a locked facility or a facility designated for
juveniles. Such child may be placed in a facility which operates as a group home.
Officers must immediately notify the parent or other person legally responsible for
the child’s care. If returned to their care, the officer shall receive a written promise
that the parent or responsible adult will bring the child to court on the next court date.
K. Contact with Adult Detainees
Juveniles brought to the police station shall be kept separate from adult detainees
and shall not have any contact with adult detainees (M.G.L. C. 119, s.67). This
means that they shall be sight and sound separated from adult detainees.
For the secure detention of juveniles between the ages of fourteen (14) and eighteen
(18), said juveniles shall be detained in the designated Juvenile Holding Area
located in the police station lockup. Officers will ensure that juveniles so detained
will be kept visibly and audibly separated from adult detainees.
L. Transporting Juveniles to Court
When possible, patrol cruisers or other marked police vehicles are NOT to be
used when transporting a juvenile to a court or other institution (M.G.L. C.119 s.
34).
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M. Right to Bail
Nothing in this section should be construed so as to deny a juvenile the right to
bail. The juvenile’s Constitutional Rights are not diminished because of his/her age.
In the event that the police department is directed to hold a juvenile in the station
juvenile cells, a location in the Alternative Lockup Program (ALP) or at any other
institution in lieu of being released to a parent, guardian, or DCF representative, the
arresting officer should follow the same procedures as in the bailing of adults.
The officer should contact the Bail Clerk, Assistant Clerk Magistrate, the Clerk
Magistrate, or a Judge if necessary. The officer should relay all pertinent information
about the juvenile, including the reason he/she was ordered detained, and should
request a reasonable bail, if bail is imposed. All persons involved in
the detention of said juvenile should be advised as to the type or amount of bail, and
the name of the person setting it. 44.2.2 (2C); 42.2.0
N. Confidentiality of Juvenile Cases 82.1.2 (5, 6A)
Any police proceeding involving juveniles shall be treated in a confidential
manner. All police records, including hard copies, pertaining to juveniles will be kept
in a secured, locked room, in a locked cabinet separate from all other files/records,
with limited access. Computer records will have IMC password protection limited to
sworn officers only.
IV. CUSTODIAL INTERROGATION OF JUVENILES 44.2.3 (1A)
A. The police must be particularly aware of the need for conscientious and
careful methods when interrogating any juvenile in custody. The number of
officers involved in the interview and the duration of the interview should be
limited so that it does not appear or become coercive to the juvenile. The
Canton Police Department and juvenile court procedures should also be
explained to the child and the parent or guardian. Police should also
follow the special rules that apply to interrogating juveniles listed below.
44.2.3; 42.2.0 (2C)
B. In all instances of custodial interrogation of juveniles, officers shall follow the
"interested adult" rule. 44.2.3 (1A); 42.2.0 (2C)
1. An interested adult is most often a parent of the juvenile.
When the parent is unavailable, another interested adult may
be called upon, such as, and depending upon the
circumstances, a legal guardian, an adult brother or sister,
grandparent, another adult relative, or an attorney;
2. Under Age Fourteen (14): if the juvenile being interrogated
is under the age of fourteen (14), an interested adult MUST
be present, MUST be advised of the Miranda warnings, and
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MUST be given an opportunity to discuss them with the
juvenile. No waiver of rights by a juvenile under the age of
fourteen (14) will be valid if an interested adult is not
present, understands the warnings, and has a meaningful
opportunity to consult with the juvenile.
3. Fourteen (14) Years or Older: if the juvenile is fourteen (14) or
older, an interested adult SHOULD be present if possible. If an
interested adult is present, that person shall be advised of the
Miranda warnings, and shall be given an opportunity to discuss
them with the juvenile. If there are valid substantial reasons why
an adult person is not present, officers should ensure, before
interrogating the juvenile, that he/she understands the Miranda
warnings, the consequences of waiving them, and that any
waiver of rights is made intelligently, knowingly, and
voluntarily. A valid waiver will not occur unless the
circumstances "demonstrate a high degree of intelligence,
experience, knowledge, or sophistication on the part of the
juvenile." The interrogating officer shall answer any questions
regarding the juvenile justice system to the best of
his/her ability to both the adult and the juvenile.
4. A person would not qualify as an interested adult if the adult:
[a] lacks the capacity to appreciate the juvenile’s situation (e.g.,
is intoxicated);
[b] appears to be actually antagonistic to the juvenile; or
[c] is required to report the juvenile’s offenses to authorities
(e.g., an employee of the Department of Social Services, or a
school official in the case of a weapons violation on school
grounds).17
[d] is under the age of eighteen (18)
5. Eighteen (18) Years of age: if the suspect is eighteen (18) years
of age at the time of the offense, [s]he is considered an adult in
the criminal justice system. Thus, for Miranda purposes, the
special protections afforded to juveniles do not apply.
44.2.3; 42.2.0 cont.
C. When conducting a custodial interrogation of a juvenile, the interrogating officer
should be particularly careful to read each Miranda right distinctly, clearly, and in
a manner designed to ensure that the juvenile and any interested person present on
behalf of the juvenile, follow the words being spoken and comprehend their
meaning.
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D. Preferably, a written card containing the Miranda warnings should be used. This
card should be handed to the juvenile and any interested person present on behalf
of the juvenile, so that the juvenile can read it slowly and re-read it if necessary.
E. The juvenile should be allowed to discuss with the interested person, who is
present on his/her behalf, the meaning of the Miranda warnings, the consequences
of waiving them, and the advisability of waiving them.
F. When an adult acting on behalf of the juvenile is present, the officer shall read the
Miranda warnings to the adult. The adult should be allowed every reasonable
opportunity to discuss those rights with the juvenile to ensure that the juvenile
understands those rights. In addition, the adult will be allowed to assist the
juvenile in deciding whether to waive or exercise any or all of those rights.
G. Some inquiries should be made of the juvenile, and any interested person present
on behalf of the juvenile, as to the juvenile's age, his/her most recent level of
schooling and education, whether he/she has any reading disabilities, mental or
emotional conditions, and whether he/she understands the words contained in each
Miranda warning.
H. If an interested person is not present on behalf of the juvenile, the interrogating
officer should answer any questions the juvenile has with regard to the meaning of
each Miranda warning.
The officer should advise the juvenile that it is his/her duty to inform the juvenile
of his/her Miranda rights, but it is solely up to said juvenile to decide whether to
waive or exercise those rights, when, and to what extent.
Remember that when the juvenile is under the age of fourteen (14), a parent or
interested adult MUST be present on his/her behalf when the Miranda warnings
are given and during questioning. When interrogating a juvenile who is between
the ages of fourteen (14) and eighteen (18), without an adult present, it is
recommended that the Miranda warnings, the waiver, and the subsequent
interrogation be audio or audio/visually recorded to lessen the chance that a
valuable confession would be barred from evidence in court.
I. Conducting the Interrogation – Including Non-Custodial Interviews
Officers shall ensure that the interrogation is not unduly coercive,
particularly when an interested adult is not present. 44.2.3 (1B);42.2.0 (2C)
1. The duration of each interrogation session should be limited
and frequent breaks shall be taken.
2. Absent extraordinary circumstances, a maximum of only two officers
shall be present at the interrogation. It is preferable that a member of
the Family Services Unit be present when possible.
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3. Included in the arrest record will be the time in which each period
of interrogation was commenced and completed, the officers present
and the names of parents or responsible adults on hand.
• See page 22 for addendum 44.2.3
J. Overnight Arrest Program
When a juvenile is placed under arrest and is either unable to make bail or is
unable to be release, Department of Youth Services (DYS) Central Referral Line
will be contacted (617) 474-8150 or (617) 474-8179 – after 6:00pm weeknights
and anytime on weekends/holidays.
DYS will provide officers with the location of the Overnight Arrest Program for
juvenile to be transported to. Prior to 9:00am, officers from the department will
pick-up said juvenile for transportation to court at the appropriate time. All
information related to the transport shall be noted on the Daily Log.
V. REPORTS OF ABUSED OR NEGLECTED CHILDREN -- C.119 s.51A
A. Any police officer, who, in their professional capacity, has reasonable cause to
believe a child under the age of eighteen (18) is suffering from serious physical
or emotional injury or death from abuse or neglect, including sexual abuse or
malnutrition, SHALL immediately report such conditions to the Department of
Children and Families (DCF) by oral communication, followed by a written
report within forty-eight (48) hours of the oral communication. Said report shall
contain the following information: 44.2.2 (2B)
1. The names and addresses of the child and parent or other person(s)
responsible for his/her care.
2. The child’s age;
3. The nature and extent of the child’s injuries, abuse, maltreatment or
neglect;
4. The child’s sex;
5. The circumstances under which the officer first became aware of the
child’s condition;
6. The action taken, if any, to treat, shelter or otherwise assist the child;
7. The name of the officer making the report;
8. Any other information which the officer believes may be helpful in
establishing the cause of the injuries;
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9. The identity, if known, of the person or persons responsible for such
injuries. 44.2.2 (2B)
VI. CUSTODY OF MINORS -- SPECIAL PROVISIONS
A. Juveniles may be taken into custody in situations where the officer believes that
the life or health of the child is in immediate danger. In such cases, the
Department of Children and Families shall be immediately contacted and
requested to respond to the scene to take custody of the juvenile. If DCF does
not respond to the scene in a reasonable amount of time, the juvenile may be
transported to the station to await DCF. 44.2.2 (2B)
B. Officers should be aware that in serious cases of child neglect or abuse, "any
person" may apply to an appropriate juvenile court to have custody of a child
under eighteen (18) years of age be taken away from the parent(s) or other
neglectful or abusive custodian and have custody transferred, on an emergency
basis, to the Department of Children and Families or a licensed child care
agency or individual. (M.G.L. C.199 s.24) 44.2.2 (2B)
VII. MINOR MOTOR VEHICLE OFFENSES
A. For the handling of some motor vehicle offenses, an exception has been made
to the general rule that all proceedings involving juveniles must first commence
in the juvenile court. For example, civil motor vehicle infractions can be
handled in the same manner as adult offenders and some criminal motor vehicle
matters may be heard in the District Court rather than the Juvenile Court. For
more information, see M.G.L. C.119 s.74. 44.2.1. (2B)
VIII. Record Keeping
A. Officers who select non-custodial alternatives or engage in informal
enforcement contacts with juveniles shall complete appropriate field interview
and/or incident reports as required by this agency. These reports shall clearly
identify the juvenile(s) involved, the nature of the incident and the rationale for
the officer’s disposition.
B. Juveniles taken into custody for criminal-type offenses shall be subject to the
same reporting requirements as adults. Such records, including photographs
and fingerprints, shall be clearly marked “Juvenile” and will be separated from
adult arrest records. 82.1.2 (2,3)
I X. REVI E W
A. A juvenile is a child who is twelve (12) or more years of age, but less
than eighteen (18). No child under the age of twelve (12) can be
charged with a crime.
B. No child under the age of fourteen (14) years of age may be placed in a cell or
"securely detained" for any reason.
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C. Juveniles who are at least fourteen (14) years of age, and are arrested for acts of
“delinquency” (acts that would be considered crimes if they were adults), may
be held in DYS approved detention are for up to six (6) hours. This time period
is to allow for processing, investigation, release to parents or transfer to court or
a juvenile facility. 44.2.2 (2D)
D. "Status Offenders" are juveniles who have committed acts which, if they
were adults, would not be considered crimes. "Status Offenders" may be
handcuffed or restrained, but cannot be SECURELY DETAINED. 44.2.2
(2A)
E. "Status offenders" include juveniles in protective custody under C. 111B,
protective detention under C.94D, s.36, children in police custody pursuant
to a DYS warrant, juveniles arrested for being a Minor in Possession of
Alcohol, and children in custody pursuant to C.123, s.12. 44.2.2 (2A)
F. A juvenile may be interrogated while in custody with or without a
parent/guardian present depending upon his/her age (see Section IV). In all
instances, however, the "interested adult" rule shall apply. 42.2.0 (2C)
A juvenile has a right to bail. (See Section III- M)
X. SCHOOL RESOURCE OFFICER 44.2.4 (5F)
The School Resource Officer (SRO) has a critical position and can have a very positive
effect on the future behavior of young people in our community. He/she can also
enhance the image of the Department by developing programs that assist juveniles in
having a more positive understanding of the role of police in society. To achieve this,
the SRO is responsible for the coordination and control of the following programs:
A. A review of all arrests of juveniles who are residents of the community in order
to determine whether personal monitoring of the case and individual counseling
might prevent any recidivism;
B. Designing and implementing vandalism prevention programs in classroom
setting for all juvenile age levels;
C. Designing and implementing crime prevention programs, both in and out of
a classroom setting, aimed at delinquency for all juvenile age levels
44.2.4 A
D. Designing and implementing programs for juveniles that explain the
law enforcement role in society; 44.2.4 D
E. Provide guidance on ethical issues in both in and out of the classroom setting;
44.2.4 (2B)
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F. Establishing and maintaining a liaison with the School Department, the
individual schools, and their administrators;
G. Provide counseling and guidance to all juveniles and school children
when possible; 44.2.4 C and
H. Have active participation in youth programs sponsored by the Canton
Public Schools and other youth organizations.
XI. YOUTH PROGRAMS 44.1.1; 44.2.5
Programs designed to enhance the relationship between the youths in the community and
the police department are extremely important in developing a positive rapport with the
future generation. Police personnel should support existing school youth programs as
well as other community recreational programs for youths. In addition, the Canton Police
Department should be at the forefront for such programs as:
Youth bicycle safety program;
Canton High School and the Blue Hills Regional School Senior Week
Program; Ropes Challenge Course (Summer Youth Leadership Development
Camp
Custodial Interrogation (cont.) 44.2.3 (2A)
The voluntariness of the juvenile’s confession will generally be an issue in court
proceedings. In determining whether a confession is voluntary, the courts look to the
totality of the circumstances which includes a review of the following factors
related to the juvenile defendant:
1) Age, intelligence, educational background
2) Mental capacity, including whether the defendant was nervous and his/her
physical condition
3) Prior experience in the criminal system
4) Whether the defendant is suffering from an y injury or pain at the time the
statement is given
5) The duration of the questioning
6) Time of da y
7) Whether the defendant is tired and is desirous of sleep
8) Length of confinement
9) Whether Miranda or police caution warnings were given, when, and whether
he/she understood them
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10) Whether the room size was of sufficient size and supplied with appropriate
furniture
11) Whether defendant was cuffed or threatened
12) Whether defendant was refused the use of bathroom, food, or drink
13) Whether there was a promise of leniency
14) Whether the juvenile understood the interrogation process
15) Whether a youth officer is present during the interview
16) Whether the parents were notified
17) Whether the juvenile asked for a parent to be present
18) Whether the police prevented a concerned adult from speaking with the
juvenile, which is a significant factor, and
19) Familiarity with English or the official language.
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