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NEW ALBANY POLICE DEPARTMENT - New Albany, Ohio

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The officer’s decision to place a juvenile offender into the Diversion Program should take<br />

into consideration the nature of the offense, age and background of the juvenile offender,<br />

the juvenile’s record, and the availability of other social service programs. Consideration<br />

may also be given to the recommendation of the victim/complainant. The referral to the<br />

Diversion Program is made by forwarding the charges and the Diversion Request Form<br />

(PD-99-132) (see Addendum A) to the Probation Officer.<br />

4.1.2 Procedures for Juvenile Custody<br />

The following definitions are used to determine juvenile custody:<br />

Secure: The juvenile is physically detained in a locked room, cell, or is handcuffed and is not free<br />

to leave the building.<br />

Non-secure: The juvenile may be in custody but is not in a secure area and can “technically”<br />

leave the building. The juvenile may be handcuffed and placed in an unlocked room.<br />

Delinquent: A juvenile who violates any law that would be an offense if committed by an adult.<br />

Status offender: A juvenile who has committed or is charged with an offense that would not be a<br />

crime if committed by an adult (i.e. - curfew).<br />

Non-offender: A juvenile who is neglected, abused, dependant, or has mental health needs.<br />

Adjudicated: A juvenile that has been found guilty of a crime by a juvenile court.<br />

Rule 6 of the <strong>Ohio</strong> Rules of Juvenile Procedures and O.R.C. §2151.31 outline the procedures and<br />

circumstances for taking a juvenile into custody. Pursuant to these guidelines, juveniles may be<br />

taken into custody by a law enforcement officer:<br />

<br />

<br />

<br />

Pursuant to an order of the court.<br />

Pursuant to the laws of arrest.<br />

When there are reasonable grounds to believe:<br />

1. The child is suffering from illness or injury and is not receiving proper care.<br />

2. The child is in immediate danger from his/her surroundings and removal is<br />

necessary to prevent immediate or threatened physical or emotional harm.<br />

3. A parent, guardian, custodian, or other household member has abused or<br />

neglected another child in the household and that the child is in danger of<br />

immediate or threatened physical or emotional harm.<br />

<br />

<br />

<br />

<br />

When there are reasonable grounds to believe that the child has run away from<br />

his/her parent(s), guardian(s), or other custodian.<br />

When there are reasonable grounds to believe that the conduct, conditions, or<br />

surroundings of the child are endangering his/her health, welfare, or safety.<br />

When there are reasonable grounds to believe that the child may abscond or be<br />

removed from the jurisdiction of the court.<br />

When there are reasonable grounds to believe that the child will not be brought before<br />

the court when required.<br />

A. Juveniles who have engaged in non-criminal misbehavior (status offenses) shall be<br />

3

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