is obligated to-transport a youth to a runaway shelter or an injured child to a hospital, or an intoxicated juvenile to a voluntary alcohol treatment program. See Standards 2.342 and 2.343. At the upper end of the scale, protective services agencies may offer, on a voluntary basis, to provide whatever services appear needed to hold a family together, to encourage the family to play a preventive role, to prevent recurrences of neglect or noncriminal misbehavior, etc. Such voluntary services may include, but are not limited to, household monitoring and supervision by protective services workers, specifically tailored homemaker services, family and child counseling, and referrals for more intensive psychotherapy and psychiatry, or for any other needed service which the community can provide. See Institute of Judicial Administration/American Bar Association Joint Commission on Juvenile Justice Standards, Standards Relating to Youth Service Agencies, Standard 4.6 (tentative draft, 1977). Cf. Report of the Task Force, supra at Standards 6.2-6.5; and IJA-ABA, Police Handling, supra at Standard 2.5. No formal record should be retained of contacts which do not result in a youth being referred to the intake unit. As is stated in the Commentary to Standard 1.52-Collection and Retention of Records, in formulating recordkeeping policies, the potential benefits of collecting and retaining information must be weighed against the potential injury to privacy and related protected interests. It was the conclusion of the National Advisory Committee that the danger of misinterpretation and misuse of, or misplaced emphasis on cursory records arising from incidents not warranting referral to the intake unit, substantially outweighed the possible benefits of formal written notification to parents that their child has had contact with a protective services officer. But cf. Report of the Task Force, supra at Standard 5.1. When notice of a protective services contact would serve to encourage the family to play a preventative role, e.g., in some cases of noncriminal misbehavior, it can be given informally by either the intervening protective services agency or by another 2.342 Procedures Following Referral to Intake Juveniles alleged to have engaged in noncriminal misbehavior and who are referred to the intake unit by agencies authorized to intervene under Standard 2.31 should, at the time of referral, be advised of their rights as set out in Standard 2.247. These rights should be explained in language understandable to the juvenile. Individuals alleged to have engaged in neglect or abuse and who are referred to the intake unit by agencies authorized to intervene under Standard 2.31 should, at the time of referral, be advised of their rights as set out in Standard 2.343 (C). These rights should be explained in language understandable to the person being referred. A report should be prepared explaining the reasons for intervention, referral, and if relevant, emergency custody, and a complaint filed if the complaining witness has not done so already. A copy of the report and the complaint should be promptly provided to the intake unit. Sources: None of the standards or model legislation reviewed address this issue directly. See generally Institute of Judicial Administration/American Bar Association Joint Commission on Juvenile Justice Standards, Standards Relating to the Probation Function: Intake and Predisposition Investigation Services, Standards 1.6 and 1.8 (tentative draft, 1977). Commentary This standard sets out the procedures applicable whenever an employee of a child protective services agency or other public nonlaw enforcement agency which is authorized to intervene pursuant to Stnadard 2.31, refers any person to the intake unit of the family court. As used in these standards, the term "referral" means the act of officially vesting a case with the “intake unit" of the family court for purposes of possible legal action. This is done by filing a written report and complaint with the intake unit. See Standard 2.322. Under Standard 2.31, child protective services or other authorized nonlaw enforcement agency may intervene in cases of noncriminal misbehavior, see Standard 2.12, and in cases where intervention is necessary to protect a juvenile against harm-most commonly in cases of perceived neglect or abuse. See Standard 2.13. Accordingly, this standard delineates the procedural obligations of such personnel upon referring to the intake unit persons alleged to have engaged in noncriminal misbehavior, and a parent, guardian, or primary caretaker who is alleged to have engaged in neglect or abuse. These procedural obligations are similar to the obligations of law enforcement officers who make referrals to court under similar circumstances. See Standards 2.242 and 2.243. Whenever a protective services worker refers to intake a person alleged to have engaged in noncriminal misbehavior, that official is to advise the juvenile or adult immediately of his/her rights, prepare a report, and file a complaint if one has not already been filed. When a juvenile has been taken into custody, the agency officer should deliver the juvenile to the agency's intake unit promptly, and in any case within four hours, and should notify the juvenile's parents, guardian, or primary caretaker. See Standard 2.343. In cases in which the juvenile is in need of emergency medical services, the applicable procedures are delineated in Standard 2.344. None of the other standards-setting groups or model acts fully addresses the procedures which apply following intervention in noncriminal misbehavior cases. The IJA/ABA Joint Commission prescribes certain limited procedures (such as notice to parent) when a child's physical safety requires "limited" short-term police custody, or where a child has run away from home. Institute of Judicial Administration/American Bar Association Joint Commission on Juvenile Justice Standards, Standards Relating to noncriminal Misbehavior, Standards 2.1 et. seq., and 3.1 et seq. (tentative draft, 1977) [hereinafter cited as IJA/ABA, Noncriminal Misbehavior]. However, the IJA ABA Joint Commission removes status offenders from the jurisdiction of the family court. Id. at Standard 1.1. The Uniform Juvenile Court Act includes jurisdiction over "unruly" children, and does not distinguish between the procedures which apply to juveniles who are alleged to be unruly and those alleged to be delinquent. Uniform Juvenile Court Act, §16 (National Conference of Commissioners on Uniform State Laws, 1968). The only procedural distinction in the Uniform Juvenile Court Act is a prohibition upon placing unruly, disobedient children in "a jail or other facility intended or used for the detention of adults charged with criminal offenses or of children alleged to be delinquent." Id. The National Advisory Committee on Criminal Justice Standards and Goals, Report of the Task Force on Juvenile Justice and Delinquency Prevention (1976) [hereinafter cited as Report of the Task Force], addresses some but not all questions regarding postintervention procedures in noncriminal misbehavior. For example, the Report of the Task Force, supra does not appear to address directly whether a child alleged to have engaged in noncriminal misbehavior must be administered Miranda-type warnings. See Report of the Task Force, supra at Standard 5.8 and Commentary. However, the Task Force does provide for "immediate" delivery of such children to the intake unit, and prohibits police from holding nondelinquent youths (except certain "runaways") in secure police detention facilities. See Report of the Task Force, supra at Standards 5.9 and 12.8, and Commentary. This standard explicity extends to youths alleged to have engaged in noncriminal misbehavior, the constitutional requirements delineated in Miranda v. Arizona, 384 U.S. 486 (1966). It provides that protective services officers must explain to the person detained that he/she has a right to remain silent, is entitled to an attorney, that any statements made may be used against him/her, that he/she may stop answering questions at any time, and that he/she may have present a parent, guardian, primary caretaker, or another "friendly" adult as provided in Standard 2.247(d). This recommendation is consistent with the recommendation in Standard 3.171 that parties in noncriminal misbehavior cases should be entitled to the same rights as those applicable in delinquency proceedings. Although these standards prohibit the confinement of a youth found involved in noncriminal misbehavior in any "secure" detention or correction facility, see Standards 3.183, 4.21, and 4.26, the consequences of noncriminal misbehavior still include both the stigma of being labeled as disobedient and unruly or, for the child under ten, as a child who commits delinquent acts. See Standard 3.112(d). The child alleged to have engaged in noncriminal misbehavior also faces the possibility of placement for up to six months in a "nonsecure" residential facility. See Standard 3.183. Furthermore, while these standards depart from such practice, see Standards 3.112 and 3.183, a large proportion of the resources of American family courts have historically been devoted to the detention and incarceration of "status offenders." See Commentary to Standard 3.112. Accordingly, there appears to be no sound basis for affording juveniles alleged to have engaged in noncriminal misbehavior less stringent pretrial procedural protections than those accorded to alleged delinquents. Applying the Miranda requirements to noncriminal misbehavior cases will also reduce the possibility that jurisdiction over noncriminal misbehavior might be used by some child protective services officers as a means to circumvent the strictures placed upon police officers conducting delinquency investigations. Upon referring a case to the intake unit, the agency official must prepare a written report clearly explaining the reasons for referral and, if relevant, custody. This report will serve as a basis for further investigation by a law enforcement agency, the protective services agencies, the intake unit, and by the family court section of the prosecutor's office. The report will also provide a means for monitoring referral and custody decisions in order to promote consistency and even-handed treatment. Such monitoring is particularly important in noncriminal misbehavior cases, where the determination whether to intervene is frequently a close and difficult decision. In addition, if a complaint has not already been filed, the intervening official must file one promptly. See Standard 2.240. However, it is anticipated that in many noncriminal misbehavior cases a complaint will already have been filed by a school official or family member before the youth is taken into custody. In addition to rights and procedures regarding persons alleged to have engaged in noncriminal misbehavior, this standard also describes the similar responsibilities of nonlaw enforcement agency officials upon citing a juvenile's parent or primary caretaker for neglect or abuse. Standard 2.343 describes in more detail the procedures required upon taking into custody (pursuant to Standard 2.33) a child who allegedly has been neglected or abused. This provision recommends that agency personnel should administer the full and precise warnings called for in Miranda to parents, guardians, or primary caretakers accused of neglect or abuse. Thus, after a referral to intake, persons charged with neglect and abuse should have explained, in language understandable to them, their right to remain silent, their rights to an attorney, the fact that any statements they make may be used against them, and their right to stop responding to questions at any time. See Miranda v. Arizona, 384 U.S. 436 (1966); see also Standards 2.244 and 3.171. Other standards-setting groups have not gone as far as the National Advisory Committee's recommendation of full Miranda-type warnings in such cases. The IJA/ABA Joint Commission volume governing abuse and neglect does provide certain procedures applicable to parents or others charged in connection with abuse and neglect, e.g., Institute of Judicial Administration/ American Bar Association Joint Commission on Juvenile Justice Standards, Standards Relating to Abuse and Neglect, Standards 4.3(A), 5.1(E) and Standard 4.1(A) (tentative draft, 1977). However, under the approach taken by the IJA/ABA Joint Commission, such formal notifications do not occur until a petition is filed by the agency taking custody of the allegedly neglected or abused child. Id. The IJA/ABA Joint Commission would not appear to require notice of the right to remain silent regarding allegations of abuse or neglect. Id at Standard 5.1(D). The National Advisory Committee concluded that persons accused of abuse or neglect should receive full Miranda warnings, whether or not their child has been taken from them and into protective custody. See Standard 2.343. Such persons are often threatened with the permanent loss of the companionship of their children, with stigmatization as "abusive" or "neglectful," and with the possibility of a parallel criminal prosecution. Therefore, the agency official who comes into contact with parents, guardians, or primary caretakers during or after taking their child into emergency protective custody should at least tell such persons the truththat anything they say may (and probably will) be used against them, and that they are entitled to all the additional rights identified in Miranda. Furthermore, in the relatively small percentage of cases where criminal charges against an abusive parent or caretaker may be appropriate, failure to properly instruct before obtaining admissions could prove fatal to the prosecution's case. Standard 2.244 imposes the same Miran da-type warning requirement upon police officers acting in neglect and abuse cases. As is the case following referral for noncriminal misbhavior, a report should be filed which explains the reasons for intervention and for referral to the intake unit, together with a complaint if one has not previously been filed. A copy of the report and complaint should be promptly given to the intake unit. In either noncriminal misbehavior or neglect and abuse cases, if a petition is filed the report should be made available during discovery to counsel for the individuals charged with neglect or abuse. See Standard 3.167. Related Standards 2.243 Procedures Following a Decision to Refer to IntakeNoncriminal Misbehavior (Law Enforcement Agencies) 3.133 3.141 Organization of Intake Units 2.244 Procedures Following a Decision to Refer to IntakeNeglect and Abuse (Law Enforcement Agencies) 3.142 Review of Complaints 3.171 Rights of the Parties 2.343 Procedures Upon Juveniles alleged to have been neglected or abused who are taken into custody by authorized child protective services personnel, should be taken directly to the intake unit or to a facility authorized to provide care for such juveniles without delay, unless the juvenile is in need of emergency medical treatment. If a juvenile's parent, guardian, or primary caretaker may be unaware that the juvenile has been placed in emergency custody, the individual taking the juvenile into custody should assure that such persons are advised, in language understandable to them: a. Of the fact that the juvenile has been taken into protective custody; b. Of the reasons therefor; c. Of their rights, including their right to remain silent, their rights to an attorney, the fact that any statements they make may be used against them, and their right to stop answering questions at any time; and d. That they should contact the intake unit immediately. Source: See generally U.S. Department of Health, Education and Welfare, Proposed Model Child Protection Act, §9(c) and (e) (draft, 1976). Commentary This standard describes the responsibilities of authorized child protective services personnel or officials of other agencies authorized to intervene under Standard 2.31, upon taking into custody (pursuant to Standard 2.33) a youth who allegedly has been neglected or abused. In large measure, it parallels Standard 2.244 which describes the responsibilities of law enforcement officers acting under similar circumstances. The standard directs that allegedly neglected or abused children taken into custody should be brought, without delay, directly to the intake unit or to a shelter care, foster home, or other facility specifically designated to provide care to neglected and abused children. See Standards 4.25 and 4.27; cf. Standards 2.242 and 2.243; Commentary to Standard 3.154; and National Advisory Committee on Criminal Justice Standards and Goals, Report of the Task Force on Juvenile Justice and Delinquency Prevention, Standard 12.9 and Commentary (1976) [hereinafter cited to Report of the Task Force]. The only exception to taking the child directly to the intake unit is when the child is in need of emergency medical treatment. See Standard 2.344. See Commentary to Standard 2.244. To assure immediate postcustody placement in an appropriate environment, the IJA/ABA Joint Commission makes provision for a designated state agency to render temporary custodial care to abused and neglected children. See Institute of Judicial Administration/American Bar Association Joint Commission on Juvenile Justice Standards, Standards Relating to Neglect and Abuse, Standard 4.1(c) (tentative draft, 1977) [hereinafter cited as IJA/ABA, Neglect]. Similarly, the Model Child Protection Act, supra requires the establishment of an adequate, appropriate, and well-planned facility, which operates on a regular basis to shelter abused and neglected children. Model Child Protection Act, supra at §9(c) and (e). See also Report of the Task Force, supra at Commentary to Standard 12.9. These standards, likewise, require the provision of adequate shelter care facilities which meet the criteria specified in Standard 4.27. Upon taking an allegedly neglected or abused child into emergency protective custody, the agency official has the duty under this standard to notify the child's parents, guardians, or primary caretaker only if they were not present when the action was taken or in other circumstances in which they may be unaware of what has occurred, e.g., when the neglect or abuse occurs or is discovered at school, in an institution, or elsewhere outside the home. Specifically, the intervening official should report to the parent the fact that the child is in custody, the reasons for custody, and the intake unit that is handling the matter. However, the protective services officer is not required to disclose the exact location where the child is being held as part of the initial notice to the parent. In most cases, the child will be brought to the intake unit. However, in cases of unusual or severe abuse or neglect-where there is reason to believe the parent or primary caretaker may attempt forcibly to regain custody of the child, or where it is otherwise necessary to limit contact between the parent and child-the |