This document provides an overview of the juvenile justice system in East Baton Rouge, Louisiana. It discusses the different types of cases handled in juvenile court including child protection cases, families in need of services cases, and delinquency cases. It outlines the juvenile court process for detention hearings, interrogations, and adjudications. It also defines key terms and lists the contact information for the two juvenile court judges in East Baton Rouge.

1. Understanding the Juvenile Justice System

2. What We Will Cover
♦ Child Protection Cases
♦ Families In Need of Service
♦ Delinquency Cases
– Arresting and Booking Juveniles
– Miranda Rights for Juveniles
– Prosecuting Juveniles as Adults
♦ Juvenile Court Proceedings

3. Common Terms
♦ Continued Custody Hearing-probable cause
hearing, detention hearing or preliminary
examination hearing.
♦ Adjudication: we call trials adjudications.
♦ Dispositions: we call sentencing hearings
dispositions.
♦ Juvenile Defendants: rather than criminal
defendants.
♦ Verified Complaint: is a warrant to detain or
arrest.
♦ Delinquency Petition: is a what we call a bill of
indictment.

4. Juvenile Court Judges
♦ We have two judges who preside over the
East Baton Rouge Juvenile Court
KATHLEEN
STEWART
RICHEY
A
8333 Veterans
Memorial Blvd.
Baton Rouge, LA
70807
354-1230
PAMELA
TAYLOR
JOHNSON
B
8333 Veterans
Memorial Blvd.
Baton Rouge, LA
70807
354-1201

5. Protecting Our Children
♦ The Department of Children and Family
Services (DCFS) handles the investigation
of allegation of neglect or abuse against
children.
♦ On a monthly basis, the East Baton Rouge
District Attorney handles 10-20 emergency
child protection matters.

6. Louisiana Revised Statutes
R.S. 16:1(B) The district attorneys throughout
the state …shall represent the state in all civil
actions, and shall have charge of every criminal
prosecution by the state in his district, be the
representative of the state before the grand
juries in his district, and be the legal advisor to
the grand juries. He shall perform other duties
provided by law.

7. The District Attorney
Statutory Authority
♦ LSA-Ch.C. article 631 provides
– A child in need of care proceeding shall be
commenced by petition filed by the District
Attorney.

8. Who Are the Parties
P articipants
D istrict A ttorney
A ssistant D istrict A ttorney
W ill represent D C FS interest
O C S
C ase W orker
C an talk about placem ent of the child
O C S
C PI
Testify as to investigation
State of Louisiana
D ept. of C hildren & Fam ily Services
M ental H ealth Advocate
License A ttorney
A ddresses any m ental issues
The C hild Advocacy Program
B ranch of the M ental H ealth Advocate
License A ttorney
R epresents the C hild's interest
C hild
Is a P arty to P roceeding
M other
C ourt A ppointed A ttorney
R epresents the M other's Interest
M other & Father could have sam e attorney
Father
C ourt A ppointed A ttorney
R epresents the Father's Interest
Father & M other could have sam e attorney
Foster P arent
G enerally attends hearing

9. Your Duty to Report
♦ By law you are considered a mandatory reporter.
♦ LSA-Ch.C. article 603 defines a mandatory reporter as:
– Health practitioner, mental health/social service
practitioner, member of the clergy, teaching or child
care provider, police officers or law enforcement
officials, commercial film and photographic print
processor, some mediators, Court-Appointed Special
Advocates (CASA), organizational or youth activity
provider, and school coaches.

10. Penalty For Failure to Report
♦ LSA-R.S. 14:403 provides:
– Any person who, under Children’s Code Article
609(A), is required to report the abuse or
neglect or sexual abuse of a child and
knowingly and willfully fails to so report shall
be guilty of a misdeamonor.

11. Child In Need of Care
♦ As a law enforcement agent, you are
considered a mandatory reporter.
♦ If you have concern that a child is being
neglected and abused, please report to Child
Welfare.
♦ Report Child Abuse - Call 1-855-4LA-
KIDS (1-855-452-5437) toll free 24 hours
a day, 365 days a year.

12. Child In Need of Care
♦ “Abuse” is any act which seriously endangers the
physical, mental or emotional health and safety of
the child.
♦ A child is a person under eighteen years of age,
who has not been judicially emancipated.
♦ “Neglect” is the refusal or unreasonable failure to
supply a child with necessary food, clothing,
shelter, care, treatment, or counseling for any
injury or illness.

13. Types of Abuse & Neglect
♦ Physical abuse
– While you can use corporal punishment, you
can’t beat a child by leaving marks.
♦ Poverty that endangers a child’s welfare.
♦ Crimes against children
♦ Human Trafficking
♦ Exposure to drugs
♦ Improper supervision

14. Child In Need of Care
♦ REPORT OF CHILD ABUSE
♦ 
♦ OCS Investigation
♦ 
♦ Judge issues Hold Order
♦ Child is removed from home

15. Child In Need of Care
♦ Trial Track
– Verified Complaint
– Continued Custody
Hearing
• Family Team
Conference
– Appearance Hearing
– Adjudication/Trial
♦ Review Track
– Case Plan
– Case Review
– Permanency Planning
Hearing
– Case Review Hearings

16. Child In Need of Care
♦ Placement Alternatives
♦ Place child in foster care.
♦ Place child with parent or other suitable
relative.
♦ Place child in private or public institution.
♦ Commit child to mental health facility.
♦ Grant guardianship to any suitable
individual.

17. Family In Need of Services
FINS
♦ DA supports the prosecution of FINS cases
because it could help prevent a child’s
involvement in delinquency.
♦ The State has authority to file a Verified
Complaint and Petition with a referral (ex.,
parent calls and complains).

18. Family In Need of Services
FINS
♦ Department of Juvenile Services-FINS
8333 Veterans Memorial Blvd.
Baton Rouge, LA 70807
(225) 356-4471 Office

19. FINS
♦ LSA-Ch.C. art. 730 Grounds:
– Truancy (school absence or repeated violation of school
rules.
– Ungovernable (reasonable rules)
– Runaway
– Repeated abuse of alcohol
– Child under age 10 commits crime
– Cyberbullying Caretaker charges.

20. FINS
♦ Truancy, ungovernable, runaway,
cyberbullying these are referred to as
“status offenses”.
♦ juvenile “status offense” means conduct
that would be lawful for an adult and is
unlawful solely by virtue of defendant's
juvenile status

21. FINS
♦ Informal FINS
– Parent walk-ins or referrals from the school
– DA is not involved at this stage
♦ Formal FINS
– State petitions family into court.
– Ideally, before proceeding to trial on formal
FINS, state has to show that services have been
offered to no avail (problem still exists).

22. FINS
Disposition
♦ Similar to delinquency disposition, except
the law says probation is the first preference
and must be tried.
♦ Most FINS kids will get probation.
♦ However, you can seek a modification once
all efforts have been made to address
behavior in home.

23. Juveniles and Crimes
♦ Nationwide, 51% of the crime is committed
by juveniles
♦ In 2008, an estimated 60% of children in
the United States were exposed to violence
♦ In the last 10 years, Baton Rouge murder
rate increased 40%
♦ The amount of guns on the street continues
to be problem

24. Juveniles and Crimes

25. Juveniles and Crimes
♦ So what this means for Baton Rouge is that unfortunately,
we have a good percentage of youth who are perpetrators
and victims.
♦ On average every month we see:
1. 4-10 arrests for possession of guns
2. 1 arrest aggravated assault with a firearm
3. 7-10 arrests for narcotics
1. Annually we have at least 2-4 homicides committed by a
juvenile.

26. Juveniles and Crimes

27. Juveniles and Crimes
♦ A child of at least age 10, and under 17,
who has committed an offense can be
prosecuted in juvenile court.
♦ When a child is prosecuted in juvenile court
we call the crime a delinquent act.
♦ A delinquent act is any crime listed in the
criminal code.

28. Juveniles and Crimes
♦ Delinquent Act means an act committed by
a child of ten years of age or older which if
committed by an adult is designated an
offense under the statutes or ordinances of
this state.
– Felony Grade Delinquent Act
– Misdemeanor Grade Delinquent Act

29. Juveniles and Crimes
♦ In Baton Rouge the types of crimes we see
with our youths are:
♦ Burglary, shoplifting, theft
♦ narcotics (mostly THC and mostly simple possession)
♦ criminal damage
♦ homicides, shootings,
♦ rapes (all degrees)
♦ prostitution (trafficking)
♦ disturbing the peace
♦ robberies (both armed and a lot of simple robbery)

30. Juveniles and Crimes
Purpose of the Juvenile System
♦ Our state's juvenile system was founded upon the
premise that retributive punishment was
deemed inappropriate and the juvenile system
dispositions should be individually tailored to
address the needs and abilities of the juvenile in
question.
♦ Because of the unique nature of the juvenile
system manifested in its non-criminal or “civil”
nature, its focus on rehabilitation and individual
treatment rather than retribution

31. Delinquency
Arresting and Booking
♦ LSA-Ch.C. article 814 provides:
– A child may be taken into custody without a
court order or warrant by a peace officer.
– If the child is taken into custody . . . the officer
shall either:
• Counsel and release the child to his parents upon
their written promise to bring the child to court at a
fixed time.
• Escort the child to the appropriate facility (Juvenile
Detention Facility).

32. Delinquency
Arresting and Booking
♦ The Juvenile Court recognizes arrest
warrants.
♦ LSA-Ch.C. article 813 Verified
Complaint/Arrest Warrants
– The court may issue an order directing that a
child be taken into custody . . .showing that the
child has committed a delinquent act.

33. Delinquency
EBR Detention Facility
♦ The facility is a 52 bed facility.
♦ That houses both girls and boys.
♦ There is a cafeteria in the facility.
♦ The youth attend school at the facility.
♦ There is a recreational room and outdoor
recreational accommodation.
♦ And 24 hour nursing staff.

34. Delinquency
♦ East Baton Rouge Juvenile Detention
♦ RAI (Risk Assessment Instrument): if a
child scores low enough they may be
released after being booked.
♦ If a child is on medication, please try to get
medication to transport with youth.
♦ If child is injured, take to hospital to treat
injury and then book into detention.

35. Delinquency
Interrogation
♦ The confession of an accused of any age is valid only if
it was given knowingly and voluntarily.
♦ The age of the accused, although extremely important
and relevant in determining knowingness and
voluntariness, is not absolutely determinative, and the
rigid invalidation of an otherwise valid confession
because the accused has not quite reached the age of
seventeen has no federal or state constitutional basis.
– State v. Fernandez 712 So.2d 485, 1996-2719 (La. 4/14/98)

36. Delinquency
Interrogation
♦ Juvenile Court-Totality Test
♦ The totality of the circumstances
standard for admissibility of confessions
of juveniles is the rule in a large majority
of the other jurisdictions. State v. Fernandez 712
So.2d 485, 1996-2719 (La. 4/14/98)

37. Delinquency
Interrogation
♦ Factors to Consider Totality of
Circumstances:
1. Age of youth.
2. Education level of youth.
3. Knowledge of the substance of the charge
(seriousness).
4. Whether child held incommunicado or
allowed to speak with relative, friends, or
attorney (concerned adult).

38. Delinquency
Interrogation
♦ Factors to Consider Totality of
Circumstances:
5. Whether interrogation occurred before or
after formal charges filed.
6. Methods used interrogation.
7. Length of interrogation.
8. Whether the youth refused to voluntarily
give statements on prior occasions.

39. Delinquency
Interrogation
♦ A Parent Does Not Have to Present:
♦ The Juvenile also complains that an adult interested in his welfare
was not present with him when he was questioned to assist him in
understanding the consequences of a waiver of his rights. As noted
in State v. Harper,
07-299, p. 18 (La.App. 1 Cir. 9/5/07), 970 So.2d 592, 604, writ
denied, 07-1921 (La.2/15/08), 976 So.2d 173, “[t]here is no absolute
requirement that an attorney or guardian must be present with a
juvenile suspect at the time he makes the statement.”

40. Delinquency
Interrogation
♦ Suggestions to secure a solid confession:
– If a parent/guardian/concerned adult is present,
advise the youth in the presence of this person
of their Miranda rights.
– Not required, but judges like, after you read
Miranda you briefly restate each right and talk
through.
– If you have a Rights Waiver form, have them
execute the form.

41. Delinquency
Interrogation
– Ask both child and adult if present if they
understand or have any questions.
– Advise youth of the nature of the charge (not
facts), just nature of investigation (rape,
burglary, theft, criminal damage, etc.)
– Allow parent/guardian/concerned adult at least
5 minutes to confer as to whether youth wants
to waive their rights and make a statement.
– Recordings and written statements are very
helpful.

42. Delinquency
Detention Hearings
♦ This is a probable cause hearing.
♦ It is referred to as a detention hearing,
continued custody hearing, probable cause
hearing.
♦ By law (LSA-Ch.C. art. 819), the child
must have a continued custody hearing
within three days after entry into the
juvenile detention center.

43. Delinquency
Detention Hearings
– By law, the arresting officer does not have to
testify.
– LSA-Ch.C. art. 814(D)…The provisions of this
Paragraph shall not be construed to require the
officer who executed the written statement to
personally appear in court for any
determination of probable cause…

44. Delinquency
Detention Hearings
♦ Hearsay is admissible.
♦ So arresting officer will not have to testify.
♦ However, there may be a case where the
DA’s Office will ask for your presence.
♦ It is helpful to write a really good Affidavit
of Probable Cause.

45. Delinquency
Detention Hearings
– Probable cause to arrest exists when the facts and
circumstances within the officer's knowledge are
sufficient to justify a man of ordinary caution in
believing that the person to be arrested has
committed a crime
– The determination of probable cause, although
requiring something more than bare suspicion, does
not require evidence sufficient to support a
conviction. Probable cause, as the very name
implies, deals with probabilities

46. Delinquency
Detention Hearings
♦ Argue merits of probable cause:
– Probable cause to arrest exists when the detaining
officer has articulable knowledge of particular facts
sufficient to reasonably suspect the detained person
of criminal activity and thus justify an infringement
on his constitutionally protected right of freedom
from governmental interference

47. Delinquency
Detention Hearings
♦ Tips for a good affidavit of probable cause:
1. Provide as much information about your
investigation that you can (more is better than
less).
2. Judges want to know who, what, where and
how.

48. Delinquency
Detention Hearings
Tips for a good affidavit of probable cause:
1. What is the alleged crime?
2. Who is making the report?
3. Who can identify the suspect?
4. Where did the offense occur and what time?
5. And how is it alleged that suspect was involved?
6. If multiple suspects explain each persons role in
the crime.
7. Give the value of property if it is theft.

49. Delinquency
Bonds
♦ Children like adults are entitled bail.
♦ But the bail can come with restrictions
(including which parent can be the surety).
♦ We can ask for conditions such as house
arrest, no contact, GPS.
♦ And we have the authority to revoke a
bond.

50. Delinquency
Time Delays
♦ Juvenile matters move a lot quicker than
criminal matters.
♦ LSA-Ch.C. art. 819: continued custody
hearing 3 days after entry into detention.
♦ LSA-Ch.C. art. 843: if child detained
delinquency petition has to be filed within
48 hours of detention hearing.

51. Delinquency
Time Delays
♦ LSA-Ch.C. art. 854: if detained, the
appearance hearing must be within five
days after the petition is filed.
♦ LSA-Ch.C. art. 877: if detained, the
adjudication must be held within 30 days of
appearance (60 days for crime of violence)
of appearance, and 90 days if not detained.
– The petition can be dismissed if not timely
prosecuted.

52. Delinquency
Time Delays
♦ So this mean from the time you make your
arrest, you could be called back to court
within 60 days of your arrest to go to trial.
♦ That doesn’t leave a lot of time to prepare
for trial and your first time meeting the
ADA may be on the day of trial.
♦ The good news is that the case should still
be fresh because we have try cases within
short time frame.

53. Delinquency
Trials
♦ Adjudication Hearings must be held no later
than 90 days after appearance.
♦ No jury trial in juvenile court.
♦ Most youths are represented by Public
Defenders.
♦ In juvenile proceedings, Judges may ask
you questions.

54. Delinquency
Juvenile vs. Adult
♦ There are times where the youth is
classified as a high risk and danger to the
community; so, for public safety the youth
may be tried as an adult.
♦ The youth must be at least 14, and
♦ The state can only try a youth as an adult
for certain crimes.
♦ We call these “transfer cases”.

55. Delinquency
Juvenile vs. Adult
♦ Automatic Transfers/Legislative Waivers:
– LSA-Ch.C. art. 305
• When a child is 15 or older at the time of the
commission of first degree murder, second degree
murder, aggravated rape, or aggravated kidnapping
• If he is indicted or the juvenile court finds probable
cause
• By law he/she must be tried as an adult

56. Delinquency
Juvenile vs. Adult
♦ Discretionary-Transfers or Prosecutorial-
Waiver
– LSA-Ch.C. art. 305
• When child is 15 or older at the time of the commission of
attempted first degree murder, attempted second degree
murder, manslaughter, armed robbery, aggravated burglary,
forcible rape, simple rape, second degree kidnapping,
aggravated battery committed with a firearm, a second or
subsequent aggravated battery, a second or subsequent
aggravated burglary, a second or subsequent offense of
burglary of an inhabited dwelling.

57. Delinquency
Juvenile vs. Adult
♦ A juvenile at least fourteen can be tried as
an adult if he commits: first degree murder,
second degree murder, aggravated
kidnapping, aggravated rape, aggravated
battery when committed by discharge of a
firearm, armed robbery when committed
with a firearm, forcible rape upon a child at
least two years younger.

58. Delinquency
Juvenile vs. Adult
♦ But the fourteen year old is entitled to a
“transfer hearing” where the State is
required to prove two things:
– there is probable cause for the charge, and
– there is no “substantial opportunity” for the
child’s rehabilitation through facilities available
to the juvenile court.

59. Delinquency
Juvenile vs. Adult
♦ In Baton Rouge there has only been two 14
year old youths to meet the test to be tried
as an adult.
– Tyris Wilkerson after shooting 40-year-old Frederick Young in
September 1994.
– Darien Bailey, who along with his older brother and cousin
murder Derrick Marioneaux in November 2013 in a home invasion
attempted armed robbery.

60. Delinquency
Type of Sentences
♦ Probation or State’s Custody
♦ Probation is supervised by the East Baton Rouge
Department of Juvenile Services (225-356-4471)
http://brgov.com/dept/juvenile/
♦ When youths go into State’s custody they are
placed in the custody of the Office of Juvenile
Justice (225-287-7900) http://ojj.la.gov

61. Delinquency
Type of Sentences
♦ Maximum commitment is a juvenile life
sentence or until the youth’s 21st
birthday.
♦ Because rehabilitation is the focus, a large
percentage of youths will get probation.
♦ There are mandatory sentences.

62. Delinquency
Type of Sentences
♦ Mandatory sentence until 21st
birthday
without benefit of parole: after the
adjudication for first degree murder, second
degree murder, aggravated rape, or
aggravated kidnapping when the youth was
at least 14.
♦ Mandatory time without benefit of parole:
after the adjudication for armed robbery
when the youth was at least 14.

63. Contact Information
♦ District Attorney Hillar C. Moore, III
– 222 St. Louis Street, 5th
Floor, Baton Rouge,
LA., 225-389-3400
♦ Juvenile Section
– 8333 Veterans Memorial Blvd, Baton Rouge,
LA., 225-389-3404.