8-304 - Juvenile Suspects – Under 10 Years of Age

Policy

According to Minnesota State Statutes, juveniles under the age of 10 cannot commit a crime.

This means that juveniles under the age of 10 cannot be:

• arrested;
• issued a citation;
• placed in secured detention at the Juvenile Unit or JDC;
• fingerprinted or photographed.

Juveniles under the age of 10 may be detained to conduct an investigation.

Juveniles under 10 years of age shall be taken into custody if a parent/legal guardian cannot be located. Officers shall contact First Response to determine where the child can be placed. A CAPRS report shall be completed for the offense, to include whom the child was released to and/or the facility that the child was transported to.

Cases in which a juvenile under 10 years of age is listed as a suspect will be referred to the Hennepin County Attorney’s Office with an accompanying Hennepin County Attorney “Delinquent Under 10 Referral Form”. These forms can be obtained through the Juvenile Unit or Hennepin County Attorney’s Office.

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