[Added 5-12-2022 by Res. No. 2022-013]
This regulation establishes department policy and procedures
regarding juvenile offenders. All personnel shall adhere to the requirements
of this regulation, applicable statutes, and any policies or procedures
established by local juvenile authorities.
A.
General: All matters involving juveniles shall be handled according
to applicable laws, mandates of juvenile authorities, and department
regulations.
B.
Juvenile rights: Juvenile offenders shall be afforded the same rights
and protections provided to adults by the United States Constitution,
the Constitution of the Commonwealth of Pennsylvania, applicable statutes,
and court decisions.
C.
Handling: Juvenile offenders shall be dealt with in the least coercive
manner possible, consistent with protecting the welfare, rights, and
safety of the juvenile and the community. Methods for managing juvenile
incidents range from handling within the department, issuing or filing
a citation in lieu of a custodial arrest, referring a juvenile to
court or probation authorities, referring a juvenile to welfare or
other agencies, to placing the juvenile in a detention facility and
filing formal charges.
The following definitions shall apply when handling juvenile
incidents/offenders:
A juvenile who has been charged with adjudicated for a crime
that would be a crime if committed by an adult; also includes a juvenile
in violation of conditions of probation or other supervision following
an adjudication of delinquency.
A voluntary statement, acknowledgment, or concession of the
existence of a fact or truth of an allegation, made orally or in writing,
which operates against the interest of the individual who made it.
An individual who has reached the age of full criminal responsibility
under the applicable state law and was arrested and is in custody
for or awaiting trial on criminal charges or is convicted of a criminal
offense. This does not include an individual who, at the time of the
offense, was younger than the maximum age at which a youth can be
held in a juvenile facility under applicable state law or was committed
to the care and custody or supervision, including post-placement or
parole supervision, of a juvenile correctional agency by a court or
competent jurisdiction or by operation of applicable state law.
Any type of officially imposed action which significantly
limits an individual's freedom of movement or choice.
An adult who is informed of the juvenile's rights and
is interested in the welfare of the juvenile; e.g., parents, family
members.
An admission of a crime which acknowledges guilt of the crime.
Questioning an individual in custody by words, conduct, or
their functional equivalent intending to elicit an admission or confession.
The arrest or deprivation of freedom of action of an individual.
NONSECURE CUSTODY When the juvenile is held nonsecurely in an unlocked, multipurpose area which is not designated or used as a secure detention area or is not part of a secure detention area; or if the area is a secure booking or similar area, it is used only for processing purposes.
SECURE CUSTODYWhen the juvenile is held securely either by being cuffed to a stationary object or cuffing rail, placed in a holding cell, or placed in a locked room. Secure custody should only be used on an accused delinquent.
Note: Although the department does not have holding cells in
any of its facilities, circumstances may arise where an accused delinquent
may be in a member's/enforcement officer's custody in other
than a department facility. These other nondepartment facilities may
only be employee in exceptional circumstances, including those involving
violent or combative juveniles who cannot be subdued and pose a threat
to the member/enforcement officer or themselves. Secure custody shall
only be for the purpose of identification, investigation, processing,
releasing, or transferring the child to the parent, guardian, juvenile
court, county children and youth official, or to shelter care. The
department in which the juvenile is detained shall adhere to the reporting
requirement of PCCD.
NONSECURELY DETAIN OR SECURELY CONFINETo hold, keep or restrain a person, such that he or she is not free to leave, or such that a reasonable person would believe that they are not free to leave.
A consensual conversation with a complainant, victim, witness,
or potential suspect regarding an incident. The person is not considered
a suspect, not in custody, and is free to leave at any point in the
conversation.
The gathering of information by police from a person that
is not yet officially considered a suspect for the offense being investigated.
An interviewee is not in police custody and is free to leave at any
time.
A legal guardian or concerned adult.
The school principal or designee.
Any physical, clear visual, or verbal contact that is not
brief and inadvertent.
Status offenders are defined as juveniles who have been accused
of, or charged with conduct, which would not, under law, be an offense
if committed by an adult. Pennsylvania's status offenses include
but may not be limited to: runaway, truancy, dependent/neglected juveniles,
curfew, and possession of tobacco. See: interstate compact for juvenile
for related exception.
A.
Director, Bureau of Inspector General: Ensure information received
via Juvenile Compliance Monitoring Administrative Notifications/Messages
is provided monthly to the Pennsylvania Commission on Crime and Delinquency
(PCCD) per Title 42, Section 6326(e), juveniles who are nonsecurely
or securely detained within any department shall submit this information
through the PCCD JHELD Electronic System: https://www.pccdjheld.pa.gov
as required. The information shall be recorded by the holding officer
using a PCCD police paper log to ensure that this information is transmitted
to PCCD as required in a timely manner. For assistance please contact:
(1)
Director of Secure Monitoring.
Juvenile Court Judges' Commission
Center for Juvenile Justice Training and Research
Shippensburg University
Shippensburg, PA 17257
C (717) 706-5437
(2)
Deputy Director of Juvenile Justice Initiatives.
Office of Justice Programs
Pennsylvania Commission on Crime and Delinquency
Post Office Box 1167
Harrisburg, Pennsylvania 17108-1167
B.
Ensure compliance with Juveniles in Custody pursuant to Title 42,
Section 6326(c), a juvenile in the custody of a member/enforcement
officer shall not be held securely at a Department installation or
elsewhere in excess of six hours. The Pennsylvania Department of Public
Welfare ChildLine shall be contacted for assistance as soon as it
becomes apparent that a juvenile in the custody of a member/enforcement
officer may be held securely at a Department installation or elsewhere
in excess of six hours. In any case, violations of the six-hour limitation
on holding juveniles in secure custody shall be reported to the Pennsylvania
Department of Public Welfare ChildLine.
C.
Any officer who nonsecurely or securely detains any juvenile must
ensure compliance with the reporting requirements of the Pennsylvania
Commission on Crime and Delinquency (PCCD). The Juvenile Compliance
Monitoring Administrative personnel shall provide monthly to the Pennsylvania
Commission on Crime and Delinquency (PCCD) per Title 42, Section 6326(e),
information on juveniles who are nonsecurely or securely detained
within any Department facility and must submit this information through
the PCCD JHELD Electronic System: https://www.pccdjheld.pa.gov as
required. The information shall be recorded by the officer responsible
for the juvenile using a PCCD police paper log to ensure that this
information is transmitted to the PCCD as required in a timely manner.
The investigating officer in juvenile incidents shall adhere
to the following procedures:
A.
Interview: When the juvenile is not in custody and no formal or coercive
action will be taken against a juvenile, even in circumstances when
the juvenile has confessed:
(1)
Seek permission from a parent, guardian, or concerned adult
before conducting the interview.
(2)
Explain the presence of a parent, guardian, or a concerned adult
at the interview is the prerogative of the juvenile and that adult
prior to conducting the interview.
(3)
Notify the parent, guardian, or concerned adult of the results
of any interview.
(4)
Do not contact or interview the juvenile in a setting that would
embarrass or create an impression of coercion.
B.
Interrogation: When the juvenile is in custody and formal or coercive
action against a juvenile will be taken:
(1)
Ensure the juvenile and parent, guardian, or concerned adult
understand their Miranda Rights, and complete and sign the Juvenile
Rights Warning and Waiver.
(2)
Ensure the juvenile's parent, guardian, or concerned adult
is present and consents to the interrogation. If the juvenile is willing
to be interrogated but the parent, guardian, or concerned adult objects,
no interrogation shall be conducted.
(3)
Contact or interrogate the juvenile where embarrassment or the
stigma of being interrogated is at a minimum, whenever possible.
(4)
Conduct the interrogation with dignity, sensitivity, and in
a nonthreatening atmosphere.
(5)
Explain relevant Department and juvenile justice system procedures
to the juvenile and parent.
(6)
Return the juvenile to the place of initial contact or their
home upon completion of an interrogation when transported elsewhere
to be interrogated.
(7)
Notify a parent of the results of every interrogation, whether
positive or negative.
(8)
Note: Officers are not required to notify the parent, guardian,
or concerned adult of the results of the interview/interrogation,
if they are a suspected accomplice or adversary of the juvenile.
C.
Custodial interrogation:
(1)
Obtain the uncoerced, voluntary approval for conducting the
interrogation from the juvenile and parent, guardian or concerned
adult, or the juvenile's counsel, if applicable, prior to the
commencement of the interrogation.
(2)
Ensure the juvenile and parent understand their Miranda Rights
and complete and sign the Juvenile Rights Warning and Waiver.
(3)
Never state or otherwise imply to the juvenile or parent that
the right to counsel should or should not be exercised.
(4)
Stop the interrogation immediately when the juvenile or parent
expresses a desire to terminate the interrogation for any reason.
(5)
Do not resume questioning when the interrogation is terminated
to allow the retention of counsel, until counsel is obtained and is
present at the interrogation. The only exception is if the juvenile
and parent voluntarily re-initiates the interrogation.
(6)
Ensure the juvenile's parent, guardian or concerned adult
does not join with the juvenile in waiving the juvenile's Miranda
Rights when the parent, guardian or concerned adult:
(7)
Request can be made that the parent, guardian or concerned adult
not be physically present during the interrogation if there is articulable
justification; however, parental presence is a prerogative of the
juvenile and parent, guardian or concerned adult.
(8)
Ensure the length of the interrogation does not exceed six hours
unless consultation with the appropriate district attorney or attorney
general has taken place. Breaks should be provided at least every
three hours, dependent upon the circumstances of the individual interrogation
(e.g., age of minor, minor's mental or medical condition).
(9)
Ensure there are never more than two law enforcement officers
present in the room during the interrogation.
D.
Pennsylvania interstate compact for juveniles/out-of-state runaway
policy: Interstate Compact for Juveniles (ICJ) is a contract among
all states that regulates the interstate movement of juveniles who
are under court supervision or who have run away from home/placement
and left their state of residence. States ratifying the compact are
bound by federal law to observe the terms of the agreement. Pennsylvania
ratified the Compact through the enactment of Act 54 of 2004. http://www.legis.state.pa.us/cfdocs/Legis/LI/uconsCheck.cfm?txt
Type=HTM&yr=2004&sessInd=0&smthLwInd=0&act=54 (11
P.S. § 890.1 et seq.) These ICJ Rules specifically take
precedence over the provisions of the Juvenile Act that prohibit an
alleged or adjudicated dependent child, including a Pennsylvania runaway,
from being held securely in a police lockup or otherwise held securely
in a police facility that houses an adult lockup [42 Pa. C.S. § 6326(b)]
and which prohibit an alleged dependent child from being detained
in a secure juvenile detention center [42 Pa. C.S. § 6327(e)].
It is noteworthy that the federal Juvenile Justice and Delinquency
Prevention (JJDP) Act also provides an exception to the prohibition
of securely detaining status and nonoffenders for youth who are being
held in accordance with ICJ Rules (34 USC § 1113(a) (11)).
(1)
Investigating officer shall notify juvenile probation and/or
court intake (whichever is applicable) by phone that they have a missing
juvenile from out of state who they will not be able to release within
six hours. Officers shall request permission to take the juvenile
to the secure juvenile detention center as recommended by the ICJ
rule. ICJ regulations state that a runway who is a danger to him/herself
or others may be detained in a secure facility until released to a
legal guardian or other custodian or is otherwise returned by the
home state, as provided by Interstate Compact for Juveniles Rules
6-102 and Rule 6-103. Below are examples of two situations and type
of verification officers will adhere to in order to get youth admitted
into secure custody.
(a)
Police stop a juvenile (curfew, investigation, summary arrest,
etc.) and verify by NCIC that the juvenile is reported missing from
outside of Pennsylvania. Police will contact juvenile probation and
make arrangements to transport the juvenile to a secure juvenile detention
center and will provide a print-out from NCIC verifying the youth
is an out-of-state runaway.
(b)
Police stop a juvenile and the juvenile self-reports as a runaway
from out of state but for whatever reason is not in NCIC. Police will
contact juvenile probation and make arrangements to transport the
juvenile to a secure juvenile detention center.
(c)
Juvenile probation: The probation officer/court intake worker,
upon receiving a phone call, shall complete an intake approval process
and shall assist law enforcement on properly detaining the juvenile
as required by the ICJ. NCIC verification of the out of state missing
juvenile shall be given to the probation officer/detention center.
For further assistance, please contact the Interstate Compact Office
located in Harrisburg at 717-787-6134.
E.
Taking juveniles into custody:
(1)
Juveniles may be taken into custody:
(a)
Pursuant to a court order.
(b)
Pursuant to the laws of arrest.
(c)
If there are reasonable grounds to believe the juvenile is suffering
from illness, injury, or is in imminent danger from their surroundings
and removal is necessary.
(d)
If there are reasonable grounds to believe the juvenile is a
status offender.
(e)
If there are reasonable grounds to believe the juvenile has
violated conditions of their probation.
(f)
Pursuant to Interstate Compact for Juveniles.
(2)
Processing of a juvenile taken into custody shall be completed
without delay, barring exigent circumstances (e.g., the juvenile needs
medical treatment, weather, state of emergency). Juveniles must remain
sight and/or sound separated from adult inmates at all times.
(3)
A parent of a juvenile charged by petition, nontraffic citation,
or in conjunction with an indictable traffic offense in Title 75,
Vehicle Code, shall be notified as soon as possible. The date, time,
and name of the individual notified shall be included on the applicable
report.
(4)
The member/enforcement officer who detains or apprehends a juvenile
for any reason must:
(a)
Make personal notification, as soon as possible, to a parent/guardian
of the juvenile, and furnish the time, reason for detainment or apprehension,
the name and location of the investigating officer, and the name of
the detention facility, if applicable.
(b)
Record the name of the parent/guardian notified, the time of
notification, number of unsuccessful attempts, if applicable, and
reasons for any delay in notification in the appropriate report.
(5)
An accused delinquent may only be detained in:
(a)
A licensed foster home or a home approved by the court.
(b)
A detention home, camp, center, or other facility for delinquent
children under the direction or supervision of the court or other
public authority or private agency, which has been approved by the
Pennsylvania Department of Human Services.
(c)
A facility operated by a licensed child welfare agency or one
approved by the court.
(d)
Any other suitable place or facility designated or operated
by the court and approved by the Pennsylvania Department of Human
Services.
(e)
Note: Under no circumstances shall a child be detained in any
facility with adult inmates, or where the child is likely to be abused
by other children. With the exception of juveniles who are, criminally
charged as adults or are under the direction of adult court and/or
are under criminal court jurisdiction.
(6)
Juveniles may be temporarily detained or placed in shelter care
or other approved holding, pending a hearing or transfer to another
jurisdiction, at the request of the investigating officer for the
below given circumstances and upon approval of the County Children
and Youth Services agency or by juvenile court.
(a)
To protect the person or property of the juvenile or others.
(b)
To prevent the juvenile from fleeing or being removed from the
jurisdiction of the court.
(c)
When the juvenile has no parent, guardian, custodian, or other
person capable of providing supervision, care, and return to court.
(d)
In compliance with a court order for detention or shelter care.
(7)
When a child is placed in detention, a petition shall be promptly
made and presented to the court within 24 hours or the next court
business day of the admission of the child to detention or shelter
care.
F.
Juveniles in custody:
(1)
Any juvenile in custody, held nonsecurely or securely detained,
shall be under the direct, continuous, personal observation of a member/enforcement
officer at all times.
(2)
It is the policy of the Department to detain accused delinquents
nonsecurely while in custody, when at all possible. There is an exception
to this policy for violent or combative accused delinquents who cannot
be subdued and pose a threat to the member/enforcement officer or
themselves. When an accused delinquent is held securely under the
exception, the member/enforcement officer shall document the event,
including the facts justifying the exception.
(3)
The secure holding of an accused delinquent shall be limited
to the minimum time necessary to identify, investigate, process, release,
or transfer the juvenile to a parent, guardian, or other custodian;
a juvenile court or county children and youth official; or to a shelter
care or juvenile detention center, but in no case shall such holding
exceed six hours.
(4)
Accused delinquents shall not be handcuffed to any object while
being processed or while waiting in the processing area. When processing
is completed, the juvenile shall be removed from the processing area.
No sight and/or sound contact with an adult is allowed. Any contact
with adult inmates must be documented and reported to the Pennsylvania
Commission on Crime and Delinquency (PCCD) as a violation of the JJDPA.
(5)
A securely held accused delinquent shall be separated by sight
and/or sound from incarcerated adults at all times. Contact between
juvenile and adult inmates must be documented and reported to the
Pennsylvania Commission on Crime and Delinquency (PCCD) as a violation
of Title 42 and of the Federal Juvenile Justice Delinquency Prevention
Act JJDPA.
(6)
Any member/enforcement officer who nonsecurely or securely detains
any juvenile holds must ensure compliance with the reporting requirements
of the Pennsylvania Commission on Crime and Delinquency (PCCD). The
Juvenile Compliance Monitoring Administrative personnel shall provide
monthly reports to the Pennsylvania Commission on Crime and Delinquency
(PCCD) per Title 42, Section 6326(e), regarding juveniles who are
nonsecurely or securely detained within any department and shall submit
this information through the PCCD JHELD Electronic System: https://www.pccdjheld.pa.gov
as required. The information shall be recorded by the officer, responsible
for the juvenile using a PCCD police paper log to ensure that this
information is transmitted to PCCD as required in a timely manner.
(7)
The Pennsylvania Department of Public Welfare ChildLine shall
be contacted by the investigating officer at 800-932-0313 for assistance
as soon as it becomes apparent that an accused delinquent in the custody
of a member/enforcement officer may be held securely at a Department
installation or elsewhere in excess of six hours. The secure holding
of an accused delinquent in excess of six hours is a violation of
Title 42, Section 6326(c) and of the Federal Juvenile Justice Delinquency
Prevention Act (JJDPA). Therefore, no accused delinquent in custody
shall be held in excess of six hours. Violations of the six-hour limitation
on holding accused delinquents in secure custody shall be reported
to the Pennsylvania Department of Public Welfare ChildLine. If ChildLine
cannot be reached, the PCCD back-up telephone number, 800-692-7292,
is available Monday through Friday, 8:00 a.m. to 5:00 p.m. There is
voicemail coverage on this line. Provide the investigating officer's
name, telephone number, station/district office name and location,
and the circumstances preventing the release or transfer of the juvenile.
All violations of this rule must be documented and report the Pennsylvania
Commission on Crime and Delinquency (PCCD) as a violation of Title
42, section 6326(e), request for documentation and reporting and of
the Federal Juvenile Justice Delinquency Prevention Act JJDPA. A member
of PCCD will contact you and request further information as confirmation
of the violation.
(8)
Status offenders shall not be held securely, handcuffed to a
stationary object or cuffing rail, placed in a secure holding cell,
or placed in a locked room under any circumstances. Excluded: a juvenile
who is held in accordance with the Interstate Compact on Juveniles
as enacted under 11 P.S. § 890.1 et seq. Violent or combative
status offenders who cannot be subdued and pose a threat to the member/enforcement
officer or themselves may be handcuffed or shackled, provided they
are not secured to a stationary object or cuffing rail.
(9)
Juveniles in custody who are nonsecurely detained shall only
be under the following conditions:
(a)
The area where the juvenile is held is an unlocked, multipurpose
area which is not designated or used as a secure detention area or
part of a secure detention area; or if the area is a secured booking
or similar area, is used only for processing purposes.
(b)
The juvenile is not physically secured to a cuffing rail or
other stationary object during the period of custody in the facility.
(c)
The area is limited to providing nonsecure custody only long
enough for the purposes of identification, investigation, processing,
release to a parent, or for arranging transfer to another agency or
appropriate facility.
(d)
The juvenile is under direct, continuous, personal observation
of a member/enforcement officer at all times.
G.
Contacts at schools: School authorities act in "loco parentis" within
their respective jurisdictions from the time the juvenile leaves home
for school and until the juvenile returns home from school. School
authorities have the right to deny permission for contact with juveniles
during school hours. Members/enforcement officers shall endeavor to
avoid contacting juvenile offenders, victims, or witnesses at school,
but when unavoidable:
(1)
Obtain permission from school authorities prior to contacting
the juvenile, unless the member/enforcement officer:
(a)
Is in fresh pursuit of the juvenile.
(b)
Is acting pursuant to a warrant or court order.
(c)
Has probable cause to believe that a felony has been committed.
(d)
Witnesses a felony or misdemeanor committed in his presence.
(e)
Has probable cause when the offense is a misdemeanor not committed
in the presence of the member/enforcement officer and an arrest without
a warrant is specifically authorized by law.
(2)
Abide by whatever restrictions or conditions school authorities
deem necessary.
(3)
As soon as possible, advise the appropriate school authority
when a juvenile has been taken into custody during school hours.
(4)
Request the school authority provide a representative to be
present during any interview.
H.
Child abuse: Members/enforcement officers coming in contact with
a child, an individual under 18 years of age, exhibiting evidence
of serious physical or mental injury, abuse, or neglect shall:
(1)
Determine if the injury is explainable as:
(2)
Immediately contact ChildLine or the child protective services
unit of the appropriate county children and youth agency in suspected
and verified situations of abuse. Record all attempts and contacts
(date, time, name, title, and telephone number) in the appropriate
investigative report. Within 48 hours, complete a Report of Suspected
Child Abuse, Form CY 47, in original and one copy. Submit the original
to the county child protective services unit, and append the copy
to the station/district office with a copy of the investigative report.
I.
Transporting juveniles to detention facilities: The transporting
member(s)/enforcement officer(s) shall adhere to all policies related
to prisoner security and transportation, and other applicable Department
regulations. Additionally, the person in charge of the facility shall
be furnished with:
(1)
The juvenile's identification, including full name, date
of birth, and telephone number, if available.
(2)
The full name and address of a parent or guardian.
(3)
The incident, type of offense, and name and address of the victim.
(4)
The reason for requesting detention rather than releasing the
juvenile to the custody of a parent.
(5)
Ensure that authorization for the detention admission is approved
by the juvenile court/juvenile probation prior to transportation to
the approved detention facility.
A.
Law enforcement records:
(1)
Except as permitted by Title 42, the law enforcement records/files
of juveniles shall be kept separate from the records/files of adults.
(2)
Juvenile records/files shall only be accessible to the public
in accordance with Title 42, this regulation, and any other related
Department regulations.
(3)
Individuals and agencies permitted to inspect the records/files
of juveniles include:
(a)
The court having the juvenile before it.
(b)
Counsel for a party to the proceeding.
(c)
Officers of the institution(s) or agency(s) to whom the child
is committed.
(d)
Law enforcement officers when necessary for the discharge of
their official duties.
(e)
A court in which the juvenile is convicted for the purpose of
a presentence report or other disposition proceedings.
(f)
Officials of the penal institution(s) or other penal facility(s)
where the juvenile is committed.
(g)
A parole board considering the juvenile's parole or discharge,
or exercising supervision of the juvenile.
(h)
Juvenile probation officers.
(i)
Designated Personnel of the Pennsylvania Commission on Crime
and Delinquency (PCCD) per Title 42, Section 6326(e) in conjunction
with the Juvenile Justice Delinquency Prevention Act (JJDPA).
When an arrest of an adult who may be the caretaker of children
is anticipated, members shall consider the welfare of any juveniles
who may be present or affected. Members/enforcement officers shall:
A.
Consider, if practical, the welfare of involved children when planning
the logistics of arrest, including the possibility of making the arrest
out of view of children or at a time when they are not present.
B.
Ask arrested adults about the presence of children elsewhere in a
home, or about children not present for whom they have responsibility.
Be alert for items in a home indicating the presence of children.
C.
Allow the arrested parent to speak briefly with any children present
to reassure them. Explain the situation in age appropriate terms to
the children if the parent is not able to.
D.
Allow the parent to make arrangements for a responsible caregiver
to assume care of the children. If children are at school, allow arrangements
to be made for their pick-up and subsequent care.
E.
If the parent is not able to arrange for a responsible adult to serve
as caregiver, the member shall confer with the supervisor in charge
of juvenile matters or Department supervisor, who shall ensure contact
is made with the child protective services unit of the appropriate
county children and youth agency to arrange for protective custody.
F.
Remain with affected children until the arrival of the designated
caregiver or child protective services worker.
G.
If it is necessary to take the child into temporary protective custody
pending the location of a caregiver or protective services worker,
the juvenile shall be under direct, continuous, personal observation
of a member/enforcement officer.
