55 Pa. Code § 3130.12b. Police guidelines for sheltering of dependent/delinquent juveniles in a nonsecure facility

55 Pa. Code § 3130.12b. Police guidelines for sheltering of dependent/delinquent juveniles in a nonsecure facility—statement of policy.

§ 3130.12b. Police guidelines for sheltering of dependent/delinquent juveniles in a nonsecure facility—statement of policy.

(a)  Log the time a juvenile arrives at police headquarters. Status offenders may never be held securely—that is, in a cell, locked room or handcuffed to a stationary object.
(b)  Check National Criminal Information Clearinghouse (NCIC) and other local areas for any wants or outstanding warrants.
(c)  Document all attempts to reach parents, family or other responsible adults. Obtain the following information:
   (1)  The name of person called.
   (2)  The time called.
   (3)  The phone number called.
   (4)  The nature of discussion and response, if any.
(d)  If parents are not available, an attempt should be made to call the following persons:
   (1)  Grandparents, godparents, cousins.
   (2)  Adult aunts, uncles, brothers, sisters.
   (3)  A responsible adult with proper identification whom is capable of taking custody.
(e)  If after 4 hours, a juvenile is still in custody and no parent or guardian is available, notify the on-duty juvenile probation officer or the on-duty children and youth services caseworker to make him aware of the existing problem. If the juvenile is under the influence of drugs or alcohol, threatening suicide or exhibiting mental problems, take the juvenile to the nearest hospital emergency room for evaluation or treatment.
(f)  If the juvenile is classified as a delinquent offender—that is misdemeanor or felony charges will be filed—contact the on-duty juvenile probation officer to see if the juvenile is eligible for secure detention under Coleman v. Stanziani, (No. 81-2215 U. S. District Court for Eastern Pennsylvania).
(g)  If the juvenile is not eligible for secure detention or the probation officer does not authorize detention, and the sole reason that the juvenile is still in custody is the unavailability of a parent or responsible adult, call the on duty children and youth services caseworker and make the caseworker aware of the problem. Throughout the process in this section, the police should continue to try to locate a responsible adult to take custody.
(h)  If after 5 hours, a responsible adult to take custody of the juvenile is not located, call children and youth services and state:
  ‘‘I HAVE CUSTODY OF A DEPENDENT JUVENILE WHO IS IN NEED OF CARE. I HAVE FOLLOWED THE PROPER PROCEDURES AND REQUIRE ASSISTANCE IN OBTAINING SHELTER CARE UNDER SECTION 6325 OF THE JUVENILE ACT.’’
(i)  When permission is received, transport the juvenile to the shelter designated by the caseworker.
(j)  The Request for Shelter Care Services Form should be completed on children and youth services referrals and taken to the youth shelter with the juvenile.
(k)  Stop the 6-hour time count when the juvenile leaves the building.
(l)  The police officer shall be available to appear in court at a detention hearing, if called to do so, so that the officer can testify as to the reasons for taking custody.

Source

   The provisions of this §  3130.12b adopted March 18, 1994, effective March 19, 1994, 24 Pa.B. 1502.

Cross References

   This section cited in 55 Pa. Code §  3130.12a (relating to county children and youth agency responsibility for juveniles in police custody—statement of policy).

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