FORT MYERS POLICE DEPARTMENT

GENERAL ORDER 26.2

TITLE: Juvenile Procedures
INDEXING: Juvenile Justice, Juvenile Operations, Delinquency, Truancy
ISSUED: 09/01/95 REVISED: 09/28/2018 RESCINDS: 04/05/2011
C.A.L.E.A. STANDARDS: 44, 82 C.F.A. STANDARDS: 19 PAGES: 10

CONTENTS

This general order contains the following numbered sections:

I. General Procedures V. Release from Custody

II. Delinquency / Truants VI. Fingerprints & Photographs
III. Detention VII. Youth Services
IV. Interview & Interrogation

PURPOSE

To establish procedures for processing complaints and/or arrests involving youthful offenders and to
establish the youth services function within the department.

SCOPE

These procedures shall apply to all Fort Myers Police Department personnel.

POLICY

It shall be the policy of this Department to deal with juvenile offenders in the least coercive manner possible.
All officers of this department will respect the juvenile’s family autonomy and will use the most reasonable
alternatives consistent with preserving public safety, order, and individual liberty. All members regardless
of duty assignment are charged with the responsibility of participating in and supporting the Department’s
juvenile operations function. Each officer shall be familiar with the unique requirements of juvenile matters
and shall respond to those requirements by ensuring that the constitutional rights of the juveniles are
protected, as provided by procedure or statute.

The police role in juvenile justice and delinquency prevention must be responsive to community needs.
Officers must focus on both enforcement and prevention functions, realizing neither role at the expense of
the other. The Police Department is committed to the development and perpetuation of programs designed
to prevent and control juvenile delinquency. (CALEA 44.1.1)

DISCUSSION

The responsibility for participating in and/or supporting the juvenile law enforcement functions shall be
shared by all department units and personnel. When dealing with juveniles, members should always make
use of the least coercive and most reasonable alternative as long as it is consistent with preserving public
safety, order, and individual liberty. The department encourages periodic review by other juvenile justice
associations in the development of agency policies and procedures related to juveniles.
(CALEA 44.1.1, 44.1.2 & 44.2.1)

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 SECTION I: GENERAL PROCEDURES

A. Handling of Juveniles: When dealing with a juvenile offender, Officers should use the least
coercive among reasonable alternatives. Officers should consider the following guidelines in
making a choice for diversion. (CALEA 44.2.1)

1. Nature of offense – The character of an incident or condition surrounding the juvenile’s

involvement.

2. Age of the juvenile – Involvement may have been precipitated by an older juvenile
influence or other factors.

3. Attitude (or mental position) of the juvenile with regard to a fact, state or situation.

4. Officer’s access to parent/guardian.

5. Knowledge of previous records may be indicative of the juvenile’s attitude causing the
officer to be more forceful in alternative placement and decisions.

6. Complaint/victim’s comments may be taken into account, especially where repetitive

incidents are reported for the first time.

7. Gang affiliation may alter and accelerate the normal handling of a juvenile.

8. Direction received by juvenile authorities, previous record.

The officer may use the following procedures in handling and resolving the immediate juvenile
situation:

1. Release the juvenile with no further action. (CALEA 44.2.1a)

2. Warn and inform the juvenile of their wrongful act.

3. Complete the juvenile complaint on location and release the juvenile to a parent or
guardian at the scene. (CALEA 44.2.1b, c)

4. Juvenile Civil Citation. (CALEA 44.2.1c)

5. Juvenile Notice to Appear (NTA) (CALEA 44.2.1b,d) (CFA 19.01 b)

B. Taking a child into custody (CFA 19.03M a): A law enforcement officer has the authority to take
a child into custody under the same circumstances and in the same manner as if the child were
an adult. Although taking a child into custody does not differ from an adult arrest situation,
procedural requirements safeguarding the distinct rights of a child take place immediately upon
application of custody. Additionally, a child may be taken into custody if: (CALEA 44.2.2c)

1. There is a circuit court order (Order to Take Into Custody / Juvenile Pick Up Order).

2. There is a belief that the child is abandoned, abused, neglected in danger, or if he / she is
a runaway or truant under the age of (16) sixteen. (CALEA 44.2.2b) (CFA 19.02 b)

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 C. Releasing information: The name, address and photograph of any child taken into custody may
be released for publication, if they are being charged with a felony law violation or have committed
three or more misdemeanors.

D. Intoxicated / injured juveniles: If a juvenile is intoxicated to the point that his health is in question,
injured, or affected by drugs of some nature, it is the responsibility of the arresting officer to
transport or have transported the juvenile to a hospital where he or she is to be treated by a
physician. (CALEA 44.2.2b)

SECTION II: DELINQUENCY & TRUANTS

A. Delinquency: Upon taking a child into custody for a delinquent act, violation of the law, Order To
Take Into Custody, Bench Warrant, Capias, or a Felony traffic offense:

1. The child must be transported for processing without delay and as soon as practicable,
unless the juvenile is in need of emergency medical treatment.
(CALEA 44.2.2d) (CFA 19.03M d)

2. There shall be no regular contact between adult and juvenile detainees. No sight or
sound contact. No more than haphazard or accidental contact. (CFA 19.03M e)

3. Juveniles and adults must be separated at all times, to avoid clear visual contact or
direct oral communication. Should such a situation arise, the juvenile shall be removed
from the area and taken to the officers Room. The arresting officer shall remain with
the juvenile until released or transported.

4. The parents, guardians, or custodians of the child must be notified as soon as possible.
(CALEA 44.2.2e) (CFA 19.03M b)

5. If the juvenile is arrested on a Capias based upon felony information filed by the State
Attorney’s Office, the juvenile is to be turned over to the (JAC) Juvenile Assessment
Center and then housed in the Lee County Jail.

B. Truants: Upon reason to believe that a child is absent from school without authorization, the child
may be taken into custody and delivered without unreasonable delay to the school system. (This
does not apply to (16) and (17) year old youth.) (CALEA 44.2.2a)

SECTION III: DETENTION

A. Detention: A juvenile may be detained under the following conditions: (CALEA 44.2.2)
(CFA 19.02 a)

1. The youth has been delivered and the following criteria, as outlined in Florida State
Statutes 985.101 & 985.255, indicates the youth's eligibility for detention care:

a. The youth is alleged to be an absconded from a commitment program, a

community control program, furlough or aftercare supervision, or is alleged to
have escaped while being lawfully transported to or from such program or
supervision, or the child is wanted in another jurisdiction for an offense, which
if committed by an adult, would be a felony. (CFA 19.02 a)

b. The youth is charged with a delinquent act or violation of the law and requests
in writing through legal representation to be detained for protection from
imminent physical threat to his personal safety. (CFA 19.02 a)

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 c. The youth is charged with committing an offense of domestic violence against
the child's parent, sibling, spouse or offspring and is detained as provided in
Florida State Statute 985.255. In accordance with Florida State Statute
985.255, a youth may be held in secure detention for up to (48) hours if a
respite home or similar authorized facility is not available. (CFA 19.02 a)

d. The youth is charged with a capital felony, life felony, a felony of the first
degree, a felony of the second degree that does not involve a violation of
Chapter 893, Florida State Statutes, and a felony of the third degree that is
also a crime of violence, including any such offense involving the use of a
firearm. (CFA 19.02 a)

e. The youth is charged with a second or third degree felony involving a violation
of Chapter 893, Florida State Statutes (Felony Drugs), any third-degree felony
that is also not a crime of violence (excluding firearm offense), and the youth
meets one of the following criteria: (CFA 19.02 a)

1. Has a record of failing to appear at court hearings after being properly

notified.

2. Has a record of law violations prior to court hearings.

3. Has already been detained or has been released and is awaiting final
disposition in the case.

4. Has a record of violent conduct resulting in injuries to others.

5. Is found to be in possession of firearm.

2. Notwithstanding Florida State Statutes 985.255 & 985.115, if a minor under (18) years
of age is charged with an offense that involves the use or possession of a firearm, as
defined in Florida State Statute 790.001, other than a violation of subsection (3), or is
charged for any offense during the commission of which the minor possessed a
firearm, the minor shall be detained in secure detention, unless the Judge authorizes
the release of the minor.

3. A youth delivered with a judicial order requiring detention care must be detained. The
risk assessment instrument must be completed for informational purposes, but the
youth must be detained, regardless of the points score.

4. A youth may be placed into detention status for contempt of court. However, this
requires a written order.

5. Pursuant with Florida State Statute 316.635, a juvenile traffic offender found to be in
contempt of court for failure to appear or not performing court ordered sanctions for
traffic violations, must be securely detained, unless a staff secure shelter is available,
if ordered by the court. Juvenile offenders arrested for traffic bench warrants will be
taken to the Juvenile Assessment Center.

6. If a juvenile meets detention criteria, they shall be transported to the receiving facility
as soon as practicable.

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 SECTION IV: INTERVIEW & INTERROGATION (CALEA 44.2.3a,b)

A. Interview / Interrogation: When interviewing juveniles, the arresting officer/investigator shall

ensure the atmosphere is non-intimidating and explain agency and Juvenile Justice System
procedures to the juvenile being interviewed. If an arrested juvenile requests a parent/guardian
to be present, then a parent/guardian must be contacted and be present during the
interview/interrogation. Once requested, officers and detectives shall make a reasonable effort
to contact a parent/guardian in the most expedient manner possible. Be sure to notify the
parent/guardian of the charge(s) and explain the agency and Juvenile Justice System procedures
to them.

1. The interrogation/interview shall be conducted so as to allow necessary breaks for the

juvenile and shall be no longer than is reasonably necessary to conclude the fact-
finding investigation. Supervisors shall be kept advised as to the nature and duration
of complicated investigations and the need for lengthy interrogation/interview of a
juvenile suspect. Juveniles shall be kept out of sight and sound of adult offenders.

2. There shall be no more than two (2) officers present during interview/interrogation.

3. The interrogating officer or investigator shall fully inform the juvenile and the parents,
if present, of the juvenile’s rights. (CALEA 44.2.2c) The parent or guardian cannot
make the decision for the juvenile to invoke or waive their rights. (CFA 19.04Ma,b)

4. There are no legal requirements to have parents/guardians present during the

interview of a juvenile. However, officers should consider the age and mental capacity
of the juvenile and afford the parents/guardians reasonable response time prior to
interviewing. When feasible, the audio and/or video recording of juvenile interviews is
strongly encouraged.

4. Child victim of sexual abuse: Patrol officers shall not interview child victims of sexual
abuse. They should only gather information necessary to establish that an offense
has occurred. The courts limit the number of Interviews of child victims to three. They
are reserved for the investigator / detective, the Child Protection Team Investigator,
and the State Attorney's Office.

SECTION V: RELEASE FROM CUSTODY (CIVIL CITATION & NTA)

A. Release from custody, as outlined in Florida State Statute 985.115, states that a child may be
released to the following:

1. A parent or legal guardian.

2. Responsible adult relative (before an officer releases a juvenile to a "responsible

adult," the officer may conduct a criminal history check. If the adult has a felony, child
abuse, drug trafficking, or prostitution conviction, that person is not considered a
"responsible adult").

3. Agent of an approved crisis home.

4. An adult approved by court.

5. Department of Juvenile Justice worker.

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 6. Juvenile Assessment Center equipped and staffed to assume custody.

B. Florida State Statute 985.12 states that law enforcement agencies shall establish a Juvenile Civil
Citation Process for the purpose of providing an efficient and innovative alternative to custody by
the Department of Juvenile Justice for juveniles who commit non-serious delinquent acts and to
ensure swift and appropriate consequences. The Fort Myers Police Department, the Chief Judge
of the 20th Judicial Circuit, the State Attorney of the 20th Judicial Circuit, and the Public
Defender’s Office of the 20th Judicial Circuit have established a Juvenile Civil Citation Process.
Unlike other forms of juvenile diversion, upon successful completion of the program, there is no
arrest record. The juvenile offender takes responsibility for his/her actions, makes a contribution
to the community, receives positive reinforcement, and is linked to other services and/or support.

Accountability is not sacrificed with this approach; the Juvenile Civil Citation is merely the first
step in the continuum of the Juvenile Civil Citation Process. The Juvenile Civil Citation Process
does not decriminalize the juvenile’s actions. This program is a pre-arrest diversion program.
Juveniles participating in the program will be required to complete community service hours and
any counseling deemed appropriate by the Civil Citation Deputy stationed at the Juvenile
Assessment Center.

The Juvenile Civil Citation may be issued to juveniles who:

1. Have never been arrested for a felony in any jurisdiction.

2. Have never been arrested for a misdemeanor in any jurisdiction.

3. Have not previously had a civil citation, unless a previous civil citation was issued more
than two (2) years ago, and the law enforcement officer issuing the civil citation believes
the facts of the offense warrant as second civil citation.

More than one civil citation may be issued for multiple qualifying offenses during the same
incident.

A civil citation may be issued for any criminal misdemeanor offense. A civil citation may be
issued for a domestic violence offense, battery, stalking, or violence of injunction, ONLY
if the facts of the offense as determined by the issuing officer warrant a civil citation and
the victim of the offense approves of the issuance of a civil citation. (i.e. no injury to the
victim and both the victim and officer reasonably believe no further violence will occur).

When encountering a juvenile that may meet the established criteria for a Civil Citation, officers
will need to contact (or have dispatch contact) personnel at the Juvenile Assessment Center
(JAC) to determine:

1. The number, if any, civil citations previously issued to that particular juvenile.

2. The offense(s) for which the previous citation(s) was issued.

JAC is open 24/7 and can be reached at: (239) 258-3461.

Officers shall not arrest a juvenile offender who is eligible for a Civil Citation without explicit
authorization from a supervisor.

Pursuant to F.S.S. 985.126, if an eligible juvenile is not issued a Civil Citation, the reason for the
decision to arrest or issue a Notice to Appear will be reported to the Department of Juvenile

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 Justice during the intake process at the JAC or must be articulated in the issuing officer’s incident
report and/or arrest affidavit. The following information is required to be reported:

1. Race, ethnicity, gender, age of the minor.

2. Offense committed and the specific law establishing the offense.
3. The judicial circuit and county where the offense was committed and the officer having
contact with the minor.
4. Whether the minor was offered the opportunity to participate in a diversion program and;
a. if not, the reason why
b. if offered, whether the minor or parent or guardian declined participation.

C. Procedures for issuing the Juvenile Civil Citation:

1. The juvenile’s parent, legal guardian, or an adult relative must be notified of the
investigation immediately and agree to the Juvenile Civil Citation in lieu of arrest. The
parent, legal guardian, or adult relative must be willing to sign the citation.

2. If the parent, legal guardian, or adult relative does not agree with the intervention, or if
the officer is unable to make contact with one of these individuals, then the officer shall
not issue the civil citation. Instead, the officer shall proceed with the juvenile arrest
process.

3. In all cases, the juvenile must accept responsibility for their actions and agree to
participate in the program.

4. The officer shall advise the juvenile that they have the right to refuse the Civil Citation
and, instead, be referred to the Department of Juvenile Justice via arrest.

5. A Juvenile Civil Citation Deputy is stationed at the Juvenile Assessment Center to

oversee the program countywide. This LCSO deputy will assess up to 50 hours of
community service to the juvenile.

6. For cases involving restitution, all parties (victim, juvenile and parents/guardian) must
agree to the amount of restitution. LCSO and SAO will not mediate the amount of
restitution.

7. As with any criminal investigation, the incident shall be fully and thoroughly investigated.
The officer shall collect any sworn statements, photographs or other evidence and
submit them in accordance with department policy. In addition, copies of all documentation
and photographs of all evidence must be included in the civil citation packet when it is sent
to the Civil Citation Deputy at JAC. This is necessary if the juvenile fails to complete the
program, the State Attorney’s Office may still prosecute the juvenile for the original
offense.

8. The officer shall contact the parent, legal guardian, or adult relative of the juvenile
offender, and make arrangements to meet so that the civil citation can be signed and the
juvenile released.

9. In the event the parent, legal guardian, or adult relative is unable to meet, the officer shall
proceed with the juvenile arrest process.

10. The officer shall issue the written civil citation for the appropriate charge. The juvenile shall
be listed as a suspect, not as a defendant.

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 11. The officer shall provide a copy of the civil citation to the parent, legal guardian, or adult
relative of the juvenile and to the victim.

12. Before the end of shift, the investigating officer shall fax a copy of the civil citation and any
supporting documentation to the Civil Citation Deputy at the Juvenile Assessment Center.
The fax number is: (239) 258-3474.

13. The original copy of the civil citation and any supporting documentation shall be submitted
to the Records Section.

14. The officer shall use status code “25” for Civil Citation when clearing the call. The report
shall be closed in accordance with the UCR guidelines as “Closed by Arrest.”

15. In the event that the juvenile does not successfully complete the pre-arrest diversion
program, the Civil Citation Deputy will forward the information to the State Attorney’s Office
for prosecution of the original charges.

D. In order to issue a juvenile Notice to Appear, the following requirements must be met:

1. May only be issued for misdemeanor criminal offenses when a juvenile is otherwise
not eligible for participation in the Juvenile Civil Citation program and the officer
reasonably believes the juvenile will appear in court.

2. Court dates will be assigned according to the juvenile court schedule.

2. The NTA requires the signature of the parent, guardian or responsible adult.

3. If a parent / guardian or "responsible adult" cannot be located, the child should be

released to the on-call counselor for the Department of Juvenile Justice.

SECTION VI: FINGERPRINTS & PHOTOGRAPHS

A. Fingerprints / Photographs: The following procedures shall be followed when fingerprinting and
photographing all juveniles, in accordance with Florida State Statute 985.11:
(CALEA 82.1.2a,b) (CFA 19.03M c)

1. Two fingerprint cards and one palm print card marked "juvenile" will be used for all
juvenile arrests. (CFA 34.09M)

2. Fingerprints are to be marked "Juvenile-Confidential” and kept in a separate file.

(CFA 34.09M)

3. Fingerprints must be forwarded to FDLE for the following charges:

a. All felonies

b. Assault

c. Battery

d. Carrying a Concealed Weapon

e. Unlawful Use of a Destructive Devices or Bombs

f. Child Abuse

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 g. Negligent Treatment of Children

h. Assault or Battery on a Law Enforcement Officer, Firefighters, Intake Officers

or other specified officers

i. Open Carrying of a Weapon

j. Exposure of Sexual Organs

k. Unlawful Possession of a Firearm

l. Unlawful Possession or Discharge of a Weapon at a school sponsored event

or on school property

m. Petit Theft

n. Cruelty to Animals

o. Arson

4. Photographs may be shown to victims or witnesses.

SECTION VII: YOUTH SERVICES

A. Departmental programs, designed to control juvenile delinquency and enhance community

relations with our youth shall be a priority. All such departmental programs shall be reviewed
annually by the Operations Bureau Commander or his designee. (CALEA 44.1.3)

1. GRAMPA Cops, School Resource Officers (S.R.O.) and Community Policing

Coordinators (C.P.C.) shall promote positive interactions with our community youth.

2. The Police Athletic League (P.A.L.) provides an environment created for the physical
and mental development of our youth. Examples of activities offered include: Boxing,
baseball, track and field, flag football, basketball, recreational games and
educational/tutorial programs. The Operations Bureau shall be responsible for the
P.A.L. program.

3. The Do-the-Right-Thing Program shall be coordinated to interact with community

youth in the recognition of exemplary behavior as it occurs. The Chief of Police shall
publicly recognize our youth on a monthly basis.

4. Provide positive exposure to law enforcement through the Police Explorer and
K.O.P.S. Programs.

5. The Operations Bureau Commander or designee shall submit an annual review and
written evaluation of the programs developed and administered by the agency. The
evaluation should consider both the quantitative and qualitative elements of each
program lending itself to decisions regarding whether a specific program should
function as is, be modified, or be discontinued. The report shall be submitted to the
Chief of Police.

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_____________________________________________________________________________________

REFERENCES:

Florida State Statute 562.111 Florida State Statute 985.101

Florida State Statute 790.001 Florida State Statute 985.115

Florida State Statute 937.021 Florida State Statute 985.125

Florida State Statute 985.11 Florida State Statute 985.126

Florida State Statute 985.12 Florida State Statute 985.155

Florida State Statute 985.16 Florida State Statute 985.255

Civil Citation/Prearrest Diversion Non-Utilization Tracking:

https://powerdms.com/link/IDS/document/?id=1502101

APPROVED:

[Electronic Signature on File] 09/28/2018

________________________________ ____________________________
Derrick Diggs, Chief of Police Date
Fort Myers Police Department

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