Article 5, Part 4 – Arrest and custody (705 ILCS 405/Article V, Part 4)
C.Duty of officer (705 ILCS 405/5-405):
Law enforcement officers must ensure that certain procedures are followed when a minor is arrested for delinquency.
- A law enforcement officer who arrests a minor with a warrant must immediately make a reasonable attempt to notify the parent, guardian, or person legally responsible for the minor of the arrest and where the minor is being held. The minor must then be delivered, without unnecessary delay, to the court.
Existing case law is very clear on the requirement that law enforcement make an attempt to first notify the parent/guardian of the custody and arrest of the minor. Many cases direct officers to make contact with parents and afford parents the opportunity to be present with the minor during interrogation. Failure to comply with this simple notification provision has lost important cases for prosecutors. Every officer should document his or her contact(s) or attempts to make contact with a minor’s parent. - A law enforcement officer who arrests a minor without a warrant under Section 5-401 shall, if the minor is not released, immediately make a reasonable attempt to notify the parent , guardian or person legally responsible for the minor’s care that the minor has been arrested and where he or she is being held.
The law enforcement officer will take the minor to the nearest juvenile police officer without unnecessary delay. If the minor is taken into custody for a misdemeanor or status offense, the law enforcement officer, after determining the true identity of the minor, may release the minor to his or her parent or person having legal responsibility for the minor. If the minor is so released, the law enforcement officer must notify a juvenile police officer of the circumstances of the custody and release.
Remember to inform the child as to why he or she is being held and notify the parents that their child being held and where the child is. Law enforcement officers should document the time(s) parental notification was made or attempted to be made. - A juvenile police officer may take one of the following actions when taking a juvenile into custody:
- Station adjustment and release of the minor
- Release the minor to his or her parents or guardian and refer the case to juvenile court
- Deliver the juvenile without unnecessary delay to the court or place designated by the court for the reception of minors if the officer believes there is an urgent and immediate need to keep the minor in custody
- Any appropriate action with consent of the minor or a parent
The Juvenile Court Act makes reference to petitions being filed with the court. In delinquency cases, the local State’s Attorney’s office will file such petitions. Some officers, depending upon the counties in which they work, may have to complete themselves the court referral forms or the actual petitions to be filed. - The following factors should be considered by any juvenile police officer who is determining if a minor should be released or kept in custody:
- The nature of the allegations against the minor;
- The minor’s history and present situation;
- The history of the minor’s family and its present situation;
- The educational and employment status of the minor;
- Special resources available for the minor;
- The minor’s past involvement with and progress in social programs;
- The attitude of the complainant and community toward the minor; and,
- The present attitude of the minor and his or her family.
Records of law enforcement officers concerning all minors taken into custody under this Act shall be maintained separate from adult arrest records and may not be inspected by or disclosed to the public unless allowed by the Juvenile Court Act or by court order.
