NCJ Number
164587
Journal
Law Enforcement Quarterly Dated: (November 1996-January 1997) Pages: 15-16,24,38
Date Published
1997
Length
4 pages
Annotation
This article describes the roles of the four major forces in the California juvenile justice system: police, probation department, district attorney, and the juvenile court.
Abstract
Regarding the police role vis-a-vis juveniles, any peace officer, without a warrant, may take into temporary custody any juvenile who is truant, incorrigible, or has violated any law. In addition, a juvenile may be taken into temporary custody if the officer believes the juvenile has violated an order of the juvenile court or has escaped from a juvenile facility. After taking a minor into custody, the officer must decide what to do with the child, and this determination must be the least restrictive of the minor's freedom while being compatible with the minor's best interest and that of the community. Police choices are to release the minor; deliver or refer the minor to a public or private agency that provides shelter, care, counseling, or diversion services; write a notice to appear; or take the minor to Juvenile Hall. Officers are to proceed with the investigation of juvenile cases just as in any other criminal case. Regarding the Probation Department's role, it must make any investigation necessary to determine whether court proceedings should be commenced. The probation officer must immediately refer the case to the district attorney if the minor is over 14 and the charges are serious violent felonies. Recent changes in juvenile law have enhanced the district attorney's authority to file petitions in certain specified felony crimes and determine whether the offender should be certified to adult court for trial. The district attorney and the Probation Department work closely to determine which charges, if any, should be filed with the court. The Juvenile Court is a special division of the Superior Court. Once a true finding is made by the court, it orders a social study prepared by the probation officer. The primary focus of the dispositional hearing is to determine what type of care, supervision, custody, maintenance, or support the minor needs to become and remain a law-abiding, productive member of society, with rehabilitation being the primary goal. Generally, counseling or therapy will be included in the order.