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8-101 Juvenile Policies

  • Summary: Defines policies related to juveniles, including custody, questioning, and legal considerations.
  • Effective Date: 10-07-2008

In the event that a Minnesota State Statute, Hennepin County or City of Minneapolis Ordinance referenced within sections P&P 8-100, P&P 8-200 and P&P 8-300 is amended prior to the affected policy being updated, the statute or ordinance changes shall supersede the MPD juvenile policy.

8-102 Juvenile Terms and Definitions

  • Summary: Provides definitions of key terms related to juvenile law enforcement procedures.
  • Effective Date: 10-07-2008

Amber Alert Program: Utilizes the State’s Emergency Alert System (EAS) and Minnesota Crime Alert Network (MNCAN). It allows law enforcement agencies to collaborate with local broadcasters through the use of an early-warning system to alert the public when a child is in danger.

Community Based First Response (First Response): First Response social workers are available 24 hours per day, 7 days per week. First Response handles emergency shelter placements, telephone assessments of families in crisis and takes child & adult protection reports.

Family Violence Unit - Child Abuse Section: The Family Violence Child Abuse Section investigates cases involving adult or juvenile suspects for crimes of child abuse, physical or sexual abuse, child endangerment, neglect, deprivation of parental rights and parental kidnapping. The unit also reviews HLTWEL and juvenile CIC reports.

Juvenile: An individual who is under the age of eighteen (18) years.

Juvenile Criminal Apprehension Team (JCAT): A component of the Juvenile Unit that focuses on apprehending wanted juveniles.

Juvenile Detention Center (JDC): Located at 510 Park Avenue in downtown Minneapolis.

Juvenile Diversion: A program coordinated through the Juvenile Unit, which provides diversion/options for first time juvenile offenders.

Juvenile Miranda: Each component of the Miranda Warning is understood and acknowledged by the juvenile. The investigator must be confident that the juvenile understands each of the components.

Juvenile Supervision Center (JSC): JSC receives juveniles ages 10-17, who have been detained for curfew, truancy and other offenses which do not meet JDC booking criteria and whose parent/legal guardian is unable to be located. JSC is located in Room 21A, City Hall.

Juvenile Unit: MPD Juvenile Unit primarily investigates Robbery, Assault, Domestic Assault and Missing Person cases in which the offender is at least 10 years old and under 18 years of age. Cases involving juvenile offenders less than 10 years of age will be investigated by the Juvenile Unit and referred to an appropriate agency for follow up. The Juvenile Unit also investigates school-related crimes.

The Juvenile Unit provides identification and processing services, as well as short-term detention for arrested juveniles. During the hours of Juvenile Unit operation, juveniles arrested for any felony, gross misdemeanor or domestic assault shall be brought to the unit for processing. Staffing and workload permitting, Juvenile Unit investigators will transport juveniles to the appropriate destination after intake is completed.

The Juvenile Unit maintains all Runaway and Missing Juvenile files and serves as the central repository for juvenile criminal history records. The Juvenile Unit also provides investigative support to other units with on-going investigations involving juvenile suspects.

The Link: The Link provides intervention services and community outreach at the JSC.

Low-level Offender: A juvenile arrested for a non-status offense that does not meet JDC booking criteria

Medical Neglect: Medical neglect is the failure to provide appropriate health care for a child, thus placing the child at risk for serious disability, disfigurement or death. Concern is warranted not only when a parent/legal guardian refuses medical care for a child in an emergency or for an acute illness, but also when a parent/legal guardian ignores medical recommendations for a child with a treatable chronic disease or disability, resulting in frequent hospitalizations or significant deterioration.

Minnesota Crime Alert Network (MNCAN): A statewide communications network that enables law enforcement agencies to quickly alert the public about crime or criminals that may affect them.

NCIC: National Crime Information Center.

Parent/Legal Guardian: “Parent” means the birth or adoptive mother or father of a child and does not apply to a person whose parental rights have been terminated in relation to the child. A legal “guardian” is a person who has been appointed by a judge or social services agency, to take care of a minor child (to include foster parents).

Runaway: An unmarried child under the age of 18 years who is absent from the home of a parent or guardian or other lawful placement without the consent of the parent, guardian, or lawful custodian.

Scales Interview: Audio recording of a custodial interview.

School Resource Officer (SRO): SRO’s are assigned to Minneapolis Public Schools and work together with school administrators, students, the Juvenile Unit, and the community to ensure school safety and security.

Status Offender: A juvenile status offender is a juvenile who is taken into police custody for an offense that would not be a crime if committed by an adult. This includes: truancy, curfew violations, runaway and underage possession or consumption of tobacco and alcohol products.

8-103 Mandatory Reporting of Maltreatment of Minors

  • Summary: Outlines the obligations of officers to report suspected child abuse and neglect.
  • Effective Date: 10-07-2008

Policy

Sworn employees who receive a complaint of child abuse or neglect, or who become aware of such circumstances shall complete a CAPRS report which will be routed to the Family Violence Unit. Personnel from the Family Violence Unit shall report the incident to Hennepin County Child Protection.

8-104 MECC and Parental Notification of Detained or Arrested Juveniles

  • Summary: Details procedures for notifying parents or guardians when a juvenile is detained or arrested.
  • Effective Date: 10-07-2008

Policy

When juveniles are transported to any MPD facility or to a hospital for medical treatment, the transporting officer(s) shall notify MECC in order to prevent a Missing Person Report from inadvertently being taken. The transporting officer(s) shall ensure a reasonable attempt is made to notify the parent/legal guardian as to the juvenile’s status.

It shall be the responsibility of the investigator/investigative unit to notify the parent/legal guardian, when a juvenile is received by them from officers. Juvenile Detention Center, Juvenile Supervision Center and MPD Juvenile Unit staff will attempt notification for juveniles admitted to their respective facilities.

8-105 Juvenile Records

  • Summary: Establishes guidelines for maintaining and accessing juvenile records.
  • Effective Date: 10-07-2008

Policy

Records of juveniles who are or may be delinquent or who may be engaged in criminal acts shall be kept separate from records of persons 18 years of age or older. These records are private data and may only be disseminated:

  1. To the child or the child’s parent or legal guardian unless disclosure of a record would interfere with an ongoing investigation;
  2. By order of the juvenile court;
  3. To the Minnesota Crime Victim’s Reparations Board;
  4. According to Minnesota State Statute 121A.28, which states that a law enforcement agency can provide the school where a student is enrolled with information regarding incidents in which the law enforcement agency has probable cause to believe the student has committed a controlled substance crime; possessed drug paraphernalia or simulated controlled substances; or consumed, purchased or possessed alcohol as a minor; and
  5. As authorized under Minnesota State Statute 13.82, subdivision 2 which refers to information that is public data. Note: The only personal identifying information that can be released relating to a juvenile is the juvenile’s age and sex.

8-105.01 Authorized Use of Juvenile Photographs

  • Summary: Defines when and how juvenile photographs may be used in investigations.
  • Effective Date: 10-07-2008

Policy

Photographs of juveniles may be used only for institution management purposes, case supervision by probation agents and to assist law enforcement agencies to apprehend juvenile offenders. Juvenile photographs shall not be distributed to the public unless the criminal proceeding and/or complaint are available to the public and the child is 16 years of age or older.

8-105.02 Juvenile Photograph Expungement

  • Summary: Provides procedures for expunging juvenile photographs from law enforcement databases.
  • Effective Date: 10-07-2008

Policy

Photographs of juveniles who have been adjudicated delinquent under Minnesota State Statute Chapter 260 shall not be expunged from law enforcement records or databases. Photos of juveniles who have not been adjudicated shall be destroyed (expunged) when the child reaches the age of 19 years.

8-106 Juvenile Search and Seizure

  • Summary: Establishes procedures for conducting searches and seizures involving juveniles.
  • Effective Date: 01-01-2026
  • Last Review Date: 10-10-2022

Purpose

The purpose of this policy is to define protocol and rules of conduct when dealing with juveniles in a search and seizure situation.

Policy

DNA Collection from Juveniles

Secure search warrant

  1. Search warrants shall be secured for DNA collection from the person of juvenile suspects or arrestees, whenever feasible.
  2. The member who executes a search warrant for DNA collection from the person of a juvenile suspect or arrestee shall ensure a reasonable attempt is made to notify the parent or legal guardian immediately after executing of the warrant.
  1. The notification may be made by telephone, in person, or by going to the juvenile's home.
  1. Consent for a DNA collection shall only be sought for suspects in exigent circumstances.

Consent for DNA collection

Consent for DNA collection from the person of any juvenile suspect or arrestee, shall adhere to the following requirements.

Adult consent required
  1. A juvenile suspect or arrested person cannot waive their rights and consent to a DNA collection from their person without first being allowed to engage in a meaningful consultation with an attorney or an informed parent or guardian.
  1. Any collection of DNA from the person of a juvenile suspect or arrested person via consent shall require consent from both the juvenile and the adult.
Documenting consent
  1. Consent from both parties shall be recorded on body worn camera, when applicable (in accordance with P&P 4-223). If body worn camera recording is not applicable, the consent shall be audio recorded.
  1. Consent from both parties shall be documented in the Police Report.

Search of a Premises with Parental Permission

  1. A parent/legal guardian may give consent to the search of a room and personal belongings of a minor child living in the home.
  1. If the child has an expectation of privacy (because the child is an adult, is paying rent, or for another reason), the parent may not be able to consent to a search of the child’s room.

Juveniles on Direct Supervised Probation

  1. Juveniles on direct supervised probation have a signed agreement in accordance with terms of their probation authorizing their probation officer(s) to perform a warrantless search of the juvenile’s person and the area under the juvenile’s immediate control at any time.
  1. Being in the presence of a Juvenile Probation officer does not provide the same authority to an MPD member.
  2. MPD members shall not use probation officers as their agent to perform warrantless searches.

Searches of School Lockers

  1. Lockers may be inspected or searched by school authorities without a search warrant. School authorities may request to have a law enforcement officer present during the search.
  1. If a police officer believes it is necessary to search a locker, authorization from the school principal or a warrant signed by a judge shall be obtained.

Strip Searches of Juveniles

The strip search of any juvenile shall be done in accordance with P&P 9-201 Search and Seizure.

Taking Custody of a Juvenile not Under Arrest

Curfew and truancy violations

Curfew and truancy violations shall be handled in accordance with P&P 8-200.

Statutory limits on taking custody

MN Statute section 260C.175 Subd. 1 states: “No child may be taken into immediate custody except:

(1) with an order issued by the court in accordance with the provisions of section 260C.151, subdivision 6, or Laws 1997, chapter 239, article 10, section 10, paragraph (a), clause (3), or 12, paragraph (a), clause (3), or by a warrant issued in accordance with the provisions of section 260C.154.

(2) by a peace officer:

(i) when a child has run away from a parent, guardian, or custodian, or when the peace officer reasonably believes the child has run away from a parent, guardian, or custodian, but only for the purpose of transporting the child home, to the home of a relative, or to another safe place, which may include a shelter care facility; or

(ii) when a child is found in surroundings or conditions which endanger the child's health or welfare or which such peace officer reasonably believes will endanger the child's health or welfare. If an Indian child is a resident of a reservation or is domiciled on a reservation but temporarily located off the reservation, the taking of the child into custody under this clause shall be consistent with the Indian Child Welfare Act of 1978, United States Code, title 25, section 1922.

(3) by a peace officer or probation or parole officer when it is reasonably believed that the child has violated the terms of probation, parole, or other field supervision; or

(4) by a peace officer or probation officer under section 260C.143, subdivision 1 or 4.”

Note: there are no exceptions for these limits.

Protective pat-down searches

When taking custody of a juvenile (child) for a curfew or truancy violation or for one of the other reasons specified in MN Statute section 260C.175 Subd. 1, the following provisions apply (MN Statute section 260C.175 Subd. 3):

(a) “Officers may perform a protective pat-down search of the child in order to protect the officer’s safety.

(b) A peace officer also may perform a protective pat-down search of a child in order to protect the officer’s safety in circumstances where the officer does not intend to take the child into custody if this section authorizes the officer to take the child into custody.

(c) Evidence discovered in the course of a lawful search under this section is admissible.”

Handcuffing, Searching and Transportation of Juveniles in Other Cases

In situations not described in this policy, juveniles shall be handcuffed, searched, and transported under the same rules and procedures as adults.

8-107 Interviews of Arrested Juveniles

  • Summary: Details guidelines for conducting interviews with juveniles who have been arrested.
  • Effective Date: 10-07-2008

Policy

All juveniles taken into custody shall be advised of the nature of the crime in which they are suspected. Prior to any in-custody interview, all juveniles shall be advised of their Miranda Rights in Juvenile Miranda format and in accordance with the Scales decision. The child’s physical condition, age, intelligence, educational level, prior experience with the juvenile justice system, and ability to comprehend the meaning and effect of statements should be carefully evaluated in each case.

The officer/investigator shall document the interview in a corresponding CAPRS statement.

Officers and investigators may allow a parent/legal guardian to be present during an interview of their child, if the presence of the parent/legal guardian is not deemed to be coercive or inhibiting.

If the juvenile refuses to be interviewed, investigators may re-approach at another time. If the juvenile requests an attorney, all questioning and contact must cease. A juvenile who has consulted with or retained an attorney (i.e. public defender at JDC), can not be contacted without approval of that attorney.

8-108 Arrest or Investigation of Juveniles at Minneapolis Public Schools

  • Summary: Outlines procedures for handling juvenile arrests and investigations on school grounds.
  • Effective Date: 10-07-2008

Policy

When an investigation requires the arrest or questioning of a student on school grounds or premises during school hours, officers shall solicit the cooperation of the School Resource Officer (SRO) and the Principal or other school administrative personnel. Assistance should be obtained prior to approaching a student on school property. When a juvenile is removed from school by police for any reason, the officer must sign the student out from school and thereby assume responsibility for the student. Furthermore, the officer(s) shall make a reasonable attempt to contact the parent/legal guardian of the juvenile, to advise them of the juvenile’s status.

8-109 Fingerprinting and Photographing Juveniles

  • Summary: Defines when juveniles may be fingerprinted and photographed for identification purposes.
  • Effective Date: 10-07-2008

Policy

Fingerprinting and photographing will be done by personnel from the Juvenile Unit, Juvenile Detention Center or the Crime Lab.

  • Status offenders shall not be fingerprinted or photographed.
  • Juveniles arrested for a misdemeanor shall not be fingerprinted, but may be photographed each time they are arrested in order to maintain a current photo record.
  • All juveniles arrested for a gross misdemeanor or felony shall be fingerprinted and photographed. If a juvenile arrested for a gross misdemeanor or felony was not fingerprinted and/or photographed, the arresting officer(s) shall document in their CAPRS report why it was not done.

Fingerprint records of juveniles shall be maintained in the Crime Lab.

8-110 Juvenile Informants

  • Summary: Establishes policies for the use of juvenile informants in criminal investigations.
  • Effective Date: 10-07-2008
 

Policy

The use of any juvenile as a Confidential Informant (CI) or Confidential Reliable Informant (CRI) is prohibited. This policy does not restrict or prohibit department personnel from accepting and utilizing information voluntarily offered by juveniles or obtained from them during the course of an investigation. Department personnel may actively solicit information and assistance from juveniles in the solving of crimes.

Definitions

  • 40mm Round: A direct fire impact projectile round used in situations where maximum deliverable kinetic energy is desired for the incapacitation of a person.
  • Amber Alert: Utilizes the State's Emergency Alert System (EAS) and Minnesota Crime Alert Network (MNCAN). It allows law enforcement agencies to collaborate with local broadcasters through the use of an early-warning system to alert the public when a child is in danger.
  • Body Worn Camera: Portable audio-video recording equipment designed to be worn on a person.
  • CIC: CIC is the code, which stands for "Crisis Intervention Call," used on a Police Report for situations involving a transport hold, and when a Police Report is completed in other situations involving a person in crisis.
  • Confidential Informant:

    A person who cooperates with a law enforcement agency confidentially in order to protect the person or the MPD’s intelligence gathering or investigative efforts, and:

    1. Seeks to:
      1. Avoid arrest or prosecution for a crime; or
      2. Mitigate punishment for a crime in which a sentence will be or has been imposed; or
      3. Receive a monetary or other benefit;
    2. Is able, by reason of the person’s familiarity or close association with suspected criminals, to:
      1. Make a controlled buy or controlled sale of contraband, controlled substance, or other items that are material to a criminal investigation;
      2. Supply regular or constant information about suspected or actual criminal activities to a law enforcement agency;
      3. Otherwise provide information important to ongoing criminal intelligence gathering or criminal investigative efforts.
  • Confidential Reliable Informant (CRI): A person providing information to the MPD at the direction of an MPD Handler over time that has been useful in the furtherance of a criminal investigation or has resulted in the recovery of contraband. Information provided by a CRI is recognized by the Court as more reliable than that of a CI, which has resulted in the Court allowing law enforcement greater latitude when using CRI information.
  • Crisis: An event or situation where a person's safety and health may be threatened by behavioral health challenges, to include mental health conditions, intellectual or developmental disabilities, substance use, or overwhelming stressors. A crisis can involve a person's perception or experience of an event or situation as an intolerable difficulty that exceeds the person's current resources and coping mechanisms and may include unusual stress in their life that renders the person unable to function as they normally would.
  • Exigent Circumstances: the need to prevent imminent harm or to provide emergency aid, to prevent imminent destruction or removal or evidence excluding narcotics, when in hot pursuit of an individual who committed or is suspected of committing a felony, or to prevent the imminent escape of a suspect
  • Family Violence Unit - Child Abuse Section: The Family Violence Child Abuse Section investigates cases involving adult or juvenile suspects for crimes of child abuse, physical or sexual abuse, child endangerment, neglect, deprivation of parental rights and parental kidnapping. The unit also reviews HLTWEL and juvenile CIC reports
  • Feasible: Objectively reasonably capable of being safely done or carried out.
  • First Response: First Response (Community Based First Response) social workers are available 24 hours per day, 7 days per week. First Response handles emergency shelter placements, telephone assessments of families in crisis and takes child & adult protection reports.
  • Informant: People who give information to another, including Confidential Informant, and Confidential Reliable Informant
  • Investigation: A structured process of gathering, examining, and evaluating facts and evidence to determine what occurred, assess compliance with laws and policies, and support appropriate actions or decisions.
  • Investigators: All persons from the MPD Homicide unit and Internal Affairs unit who are conducting an investigation of the Critical Incident, unless other Criminal Investigating and Administrative Investigating Entities have been designated by the Chief of Police or their designee.
  • Juvenile: An individual who is under the age of eighteen (18) years.
  • Juvenile Miranda: Each component of the Miranda Warning is understood and acknowledged by the juvenile. The investigator must be confident that the juvenile understands each of the components.
  • Juvenile Unit: MPD Juvenile Unit primarily investigates Robbery, Assault, Domestic Assault and Missing Person cases in which the offender is at least 10 years old and under 18 years of age. Cases involving juvenile offenders less than 10 years of age will be investigated by the Juvenile Unit and referred to an appropriate agency for follow up. The Juvenile Unit also investigates school-related crimes. The Juvenile Unit provides identification and processing services, as well as short-term detention for arrested juveniles. During the hours of Juvenile Unit operation, juveniles arrested for any felony, gross misdemeanor or domestic assault shall be brought to the unit for processing. Staffing and workload permitting, Juvenile Unit investigators will transport juveniles to the appropriate destination after intake is completed. The Juvenile Unit maintains all Runaway and Missing Juvenile files and serves as the central repository for juvenile criminal history records. The Juvenile Unit also provides investigative support to other units with on-going investigations involving juvenile suspects.
  • Limited English Proficiency: Designates individuals whose primary language is not English and who have a limited ability to read, write, speak, or understand English. LEP individuals may be competent in certain types of communication (e.g. speaking or understanding), but still be LEP for other purposes (e.g. reading or writing). Similarly, LEP designations are context specific. An individual may possess sufficient English language skills to function in one setting, but may find these skills are insufficient in other situations.
  • MECC: Minneapolis Emergency Communications Center is the city's 911 center that answers emergency and non-emergency calls and coordinates the appropriate response by public safety services.
  • Medical Neglect: Medical neglect is the failure to provide appropriate health care for a child, thus placing the child at risk for serious disability, disfigurement or death. Concern is warranted not only when a parent/legal guardian refuses medical care for a child in an emergency or for an acute illness, but also when a parent/legal guardian ignores medical recommendations for a child with a treatable chronic disease or disability, resulting in frequent hospitalizations or significant deterioration.
  • National Crime Information Center: The National Crime Information Center database helps criminal justice professionals apprehend fugitives, locate missing persons, recover stolen property, and identify terrorists. It also assists law enforcement officers in performing their official duties more safely and provides them with information necessary to aid in protecting the general public.
  • Parent/Legal Guardian: "Parent" means the birth or adoptive mother or father of a child and does not apply to a person whose parental rights have been terminated in relation to the child. A legal "guardian" is a person who has been appointed by a judge or social services agency, to take care of a minor child (to include foster parents).
  • Police Report: A report or statement in a report that sets forth the officer's account of an incident and is entered into the MPD's Records Management System.
  • Probable Cause: Having reasonable grounds for supporting the requested Court order, to include: search warrants, arrests or other legal process. Probable cause is required by the Fourth Amendment. Officers must have an objectively reasonable basis for believing that a crime may have been committed or that there is evidence of the crime present in the place to be searched.
  • Runaway: An unmarried child under the age of 18 years who is absent from the home of a parent or guardian or other lawful placement without the consent of the parent, guardian, or lawful custodian.
  • Scales Interview: Audio recording of a custodial interview.
  • School Resource Officer: SRO's are assigned to Minneapolis Public Schools and work together with school administrators, students, the Juvenile Unit, and the community to ensure school safety and security.
  • Search Warrant: A document issued by the Court authorizing the police to enter and search a person, premises, location or vehicle for purposes of evidence recovery.