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What is the main goal of the Colorado Children's code?
To preserve and strengthen family ties, whenever possible
When does the jurisdiction of children's court end? (Is it at age 18?)
- Does not end at age 18. The court retains jurisdiction until:
- All court cases have been completed
- All pending cases have been completed
- The statute of limitations applicable to any offense with which the juvenile may be charged has run, regardless of whether the juvenile has turned 18
What is an adjudicatory trial?
meant to determine whether the allegations of a petition in delinquency are supported by the evidence
What type of trial is meant to determine whether the allegations of a petition in delinquency are supported by the evidence?
What is a "delinquent act?"
A violation of the law over which juvenile court has jurisdiction
What do you call a person appointed by the court to act in the best interest of the child/juvenile?
- guardian ad litem
Under the children's code, under what age is someone considered a juvenile?
Under 18 years old
What is the term for a juvenile who has been found guilty of committing a crime?
Who is authorized to remove a child from a home?
A. Social services
B. Anyone with probable cause
C. Law enforcement officer
C. Law enforcement officer
(this multiple choice question has been scrambled)
What is the term for a criminal proceeding in the children's code?
Dependency and neglect proceedings are criminal or civil?
How old must a person be to be charged criminally?
10 years old
In what types of criminal offenses does juvenile court have jurisdiction?
- Violation by anyone 10 years of age or older who violates any state law, except nonfelony state traffic, game & fish, parks & rec.
- Any county or municipal ordinance (except traffic) for which the penalty is > 10 days in jail
In what venue is a juvenile proceeding heard?
- Proceedings are commenced in the county in which the alleged violation of the law took place.
- If the petition is filed in a county other than where the juvenile resides, the court may transfer the case to the court of the juvenile's residence
When may a juvenile (or the District Attorney) demand a jury trial?
- When the juvenile is alleged to be an aggravated juvenile offender, OR
- Is alleged to have committed a crime of violence
Upon a juvenile's plea of not guilty, within what time frame must an adjudicatory trial take place?
19-2-107 & 108
Must a parent, guardian or legal custodian of a juvenile attend all proceedings?
Yes, and the court may impose contempt sanctions against the parent for failing to attend any proceeding
When may a law enforcement officer take a juvenile into custody (2 situations)?
- Without a court order when there are reasonable grounds (probable cause), OR
- With a court order (warrant)
Can a juvenile who is not under arrest and not in custody refuse to allow the police to search their personal belongings?
Must a parent or legal guardian be present in order for a juvenile to consent to a search of their person or property?
In order to perform a custodial interrogation of a juvenile, either their parent/legal guardian must be present and both the juvenile and the parent must be advised of Miranda rights.
What other circumstance would allow the statements to be admissible?
If the juvenile has an attorney is present at the interrogation, even if the parent or legal guardian was not present
Is it required that the juvenile be given the miranda warning prior to a custodial interrogation?
Must their parents be present at that interrogation?
Yes, and yes. The parents must also be given the miranda warning.
**The parents do not need to be present if the juvenile is represented by an attorney during the custodial interrogation
What are the requirements for a direct filing of a juvenile in district court?
- Juvenile is 16 years or older at the time of the offense AND
- Is alleged to have committed a class 1 or 2 felony OR
- Is alleged to have committed a sexual assault that is a crime of violence, OR
- Has previously been subject to proceedings in district court as a result of a direct filing, and found delinquent
Under 19-2-518, juvenile court may transfer a criminal proceeding to district court under what circumstances?
- Juvenile is 12 or 13 years of age at time of offense and committed a class 1 or 2 felony or a crime of violence, OR
- 14 years or older at time of offense and committed a delinquent act that constitutes a felony AND
- ----After investigation and a hearing the juvenile court finds it would be contrary to the best interests of the juvenile or the public to retain jurisdiction
What qualifies a juvenile as an aggravated juvenile offender?
- Adjudicated a juvenile delinquent for an act that constitutes a class 1 or 2 felony, OR
- Adjudicated a juvenile delinquent for an act that constitutes a felony and is subsequently adjudicated a juvenile delinquent for an act that constitutes a crime of violence, OR
- Adjudicated a juvenile delinquent for an act that constitutes felonious unlawful sexual behavior
Under what circumstances does a juvenile qualify as "neglected?"
- The child is abandoned, or has been subjected to or has been allowed to suffer mistreatment or abuse
- Lacks proper parental care
- Environment is injurious
- Is not provided with proper or necessary subsistence, education, medical care, etc
- The child is homeless, without proper care
- The child has run away from home or is beyond control of parent, guardian or legal custodian
- The child tests positive at birth for either a schedule 1 or 2 controlled substance
In general, even people in positions which generally are not allowed or required to divulge conversations (doctors, mental health professionals, etc) are required to report suspected child abuse. There is only one exception. What is that exception?
Clergy, when the information is told in the form of a private confessional
When may a law enforcement officer order pictures and/or x-rays of a child he suspects to be a victim of child abuse?
When he has reasonable grounds to believe the child has been abused. (Probable cause is not required)
The recommendation is that any interviews with a child be video taped, especially in cases of sexual child abuse.
That's not really a question, frankly it just makes sense.
Under 19-3-311, which of the following communications remain eligible for privilege?
B. Patient/mental health professional
C. Husband Wife
D. All of the above
E. None of the above
E. None of the above
What are some circumstances where a law enforcement officer may take a child into temporary protective custody without an order from the court?
- When child is abandoned, lost or seriously endangered
- When there is reasonable ground to believe that such child has run away or escaped
- When an arrest warrant has been issued for such child’s parent or guardian
- If an emergency exists, a child shall be removed from such child’s home and placed in protective custody regardless of whether reasonable efforts to preserve the family have been made
What is the duty regarding notification of the parent/legal guardian/responsible adult in 19-3-402?
When a child is taken into temporary custody, the officer shall notify a parent, guardian without unnecessary delay and inform him that, if the child is placed out of the child’s home, all parties have a right to a prompt hearing to determine whether the child is to remain out of the child’s home for a further period of time
"Abuse" in title 19 refers to an act or omission in one of what categories?
- Child exhibits evidence of injury
- Child is subjected to unlawful sexual behavior
- Child needs services because it has not been provided with food, clothing, shelter, medical care, etc
- Child is subjected to emotional abuse, constituting an identifiable and substantial impairment of the child's intellectual or psychological functioning
- Any case where the child resides in a premises where a controlled substance is manufactured, or an attempt is being made to manufacture
- When a child tests positive at birth for a schedule 1 or 2 controlled substance
What is it called when it has been proved beyond a reasonable doubt that a juvenile has committed a delinquent act?
What is an "Adjudication" of a juvenile
It has been proved beyond a reasonable doubt that a juvenile has committed a delinquent act
What is a juvenile's "adjudicatory hearing?"
A hearing to determine whether the allegations of a petition in dependency and neglect are supported by evidence
What is a juvenile "adjudicatory trial?"
A trial to determine whether the allegations of a petition in delinquency are supported by evidence
What is a "delinquent act?"
A violation by a juvenile of any statute, ordinance, or order.
What is the purpose of a juvenile "dispositional hearing?"
a hearing to determine what order of disposition should be made concerning a child who is neglected or dependent
What is a juvenile "diversion?"
An action taken in lieu of official charges. The goal is to prevent further involvement of the juvenile in the formal legal system
What are the qualifications of an "emancipated juvenile?"
A juvenile over 15 years old who has demonstrated independence from their parents in matters of care, custody and earnings
What is "expungement" of juvenile records?
Designation of juvenile delinquency records whereby such records are deemed never to have existed
What are the requirements to be classified a "habitual juvenile offender?"
A juvenile offender who has previously been twice adjudicated a juvenile delinquent for separate delinquent acts
What is juvenile "protective supervision?"
A legal status created by court order under which the child is permitted to remain in the child's home, or is placed with a relative or other suitable person and supervision and assistance is provided by the court, DHS or other agency designated by the court
What is a juvenile "screening team?"
A person or persons designated by the chief judge to make recommendations to the juvenile court concerning whether a juvenile taken into temporary custody should be released or admitted to a detention or shelter facility