The University of North Carolina at Greensboro
Police Department
General Order 2-5.2 Juvenile Law and Procedure
  1. Juvenile Administration

    The juvenile criminal justice system is separate from the adult criminal justice system. Working within it requires understanding and conformance to the objectives that the juvenile justice system seeks to achieve.

    Several legal guidelines are in place to ensure the rights of juveniles during in-custody interviews, arrest, and detainment. All officers will comply with all articles within G.S. §§7B, addressed as the North Carolina Juvenile Code, and other statutes as applicable.
  2. Definitions within the Juvenile Code

    Consistent with state law, departmental policy, procedure, and this directive, the following definitions will apply:

    • Juvenile (G.S. §7B-101(14)) – A person who has not reached the person's 18th birthday and is not married, emancipated, or a member of the armed forces of the United States.
    • Delinquent Juvenile (G.S. §7B-1501(7)) – Any juvenile who:
      • While less than 16 years of age but at least 6 years of age, commits a crime or infraction under State law or under an ordinance of local government, including violation of the motor vehicle laws, or who commits indirect contempt by a juvenile as defined in G.S. §5A-31.
      • While less than 18 years of age but at least 16 years of age, commits a crime or an infraction under State law or under an ordinance of local government, excluding violation of the motor vehicle laws, or who commits indirect contempt by a juvenile as defined in G.S. §5A-31.
    • Undisciplined Juvenile (G.S. §7B-1501(27)) – A juvenile who:                  
      • While less than 16 years of age but at least 6 years of age, is unlawfully absent from school or is regularly disobedient to and beyond the disciplinary control of the juvenile's parent, guardian, or custodian;
      • Is regularly found in places where it is unlawful for a juvenile to be; 
      • Has run away from home for a period of more than 24 hours; 
      • A juvenile who is 16 or 17 years of age and who is regularly disobedient to and beyond the disciplinary control of the juvenile's parent, guardian, or custodian; or 
      • Is regularly found in places where it is unlawful for a juvenile to be; or has run away from home for a period of more than 24 hours.
    • Abused Juvenile (G.S. §7B-101(1)) – Any juvenile less than 18 years of age whose parent, guardian, custodian, or caretaker:
      • Inflicts or allows to be inflicted upon the juvenile a serious physical injury by other than accidental means; or
      • Creates or allows to be created a substantial risk of serious physical injury to the juvenile by other than accidental means; or
      • Uses or allows to be used upon the juvenile cruel or grossly inappropriate procedures or cruel or grossly inappropriate devices to modify behavior; or
      • Commits, permits, or encourages the commission of a violation of the following laws by, with, or upon the juvenile: first-degree rape; second-degree rape; first-degree sexual offense; second-degree sexual offense; sexual act by a custodian; crime against nature; incest; preparation of obscene photographs, slides, or motion pictures of the juvenile; employing or permitting the juvenile to assist in a violation of the obscenity laws; dissemination of obscene material to the juvenile, displaying or disseminating material harmful to the juvenile; first- and second-degree sexual exploitation of the juvenile; promoting the prostitution of the juvenile; and taking indecent liberties with the juvenile, regardless of the age of the parties, or
      • Creates or allows to be created serious emotional damage to the juvenile. Serious emotional damage is evidenced by a juvenile's severe anxiety, depression, withdrawal or aggressive behavior toward themselves or others; or
      • Encourages, directs, or approves of delinquent acts involving moral turpitude committed by the juvenile.
    • Neglected Juvenile (G.S. §7B-101(15)) – A juvenile who does not receive proper care, supervision, or discipline from the juvenile's parent, guardian, custodian or caretaker, or who has been abandoned; or who is not provided necessary medical or other remedial care, or who lives in an injurious environment, or who has been placed for care or adoption in violation of state law.
    • Dependent Juvenile (G.S. §7B-101(9)) – A juvenile in need of assistance or placement because the juvenile has no parent, guardian, or custodian responsible for the juvenile's care or supervision or whose parent, guardian, or custodian, is unable to provide for the care or supervision and lacks an appropriate alternative child care arrangement.
  3. Investigation Procedures for Delinquent/Undisciplined Juveniles

    The Juvenile Code has specified its purpose as providing simple judicial procedures for handling juvenile offenders using the least coercive among reasonable alternatives. When it is consistent with public safety, the juvenile offender shall be diverted from the juvenile justice system through court intake services and allowed to remain in their home and be given the opportunity to participate in community-based service programs. However, the officer assigned to an initial criminal complaint will make a thorough investigation, using the same attention and detail required in cases involving adult offenders. The following procedures apply:
    • Assistance – In some cases, such as serious felonies, the investigating officer may determine the need for assistance from the Criminal Investigations Unit. During duty hours, the officer can contact the appropriate Support Services Commander for the assignment of a detective. During non-duty hours, the officer, with supervisory approval, can contact the on-call detective for assistance. In the event the on-call detective cannot be reached, the officer will contact the Support Services Commander or executive officer.
    • Locate Child – The officer will complete the appropriate investigative report but a referral sheet will only be completed if the juvenile is believed to be guilty of violating a criminal law and has been physically located by the officer.
    • Locate the Parent – An officer must, as set forth in G.S. §7B-1901(a)(1), locate the child's parent, guardian, or custodian without delay and advise them of their right to be present at the location their child is being detained until a determination can be made as to the need for secure or nonsecure custody.
    • In-Custody Interview of Child – Before conducting an interview with any juvenile less than 18 years of age, the officer will advise the juvenile of their Miranda rights, using a Juvenile Rights Form. Any child under 14 years of age who is in custody must have a parent, guardian, or custodian present during questioning. Any child 14 to 18 years of age must be advised of the right for the parent, guardian, or custodian to be present.
    • Temporary Custody – G.S. §7B-1900 dictates the criteria for taking a juvenile into physical custody. An officer may take any juvenile into temporary custody if grounds exist for the arrest of an adult under the same circumstances or there are reasonable grounds to believe the juvenile is an undisciplined juvenile. Any officer taking physical custody of a juvenile must provide for their care and supervision until the juvenile is released to their parent or an order for their secure custody is obtained.
    • Notification of Juvenile's Parent (G.S. §15A-505)(16-18 YOA) – An officer who arrests and takes physical custody of an unemancipated minor for any crime shall, as soon as practical, notify the minor's parent (or guardian in charge) in person or by telephone. Written notice by mail must also be made to the parent or guardian within 24 hours of the minor's arrest. If the officer meets the parent in person the written notice can be given at that time. If the parent or guardian cannot be found, the next of kin shall be notified as soon as practical. Custody is not limited to incarceration, but includes custodial arrest as well. An officer who cites an unemancipated minor must notify the minor's parent or guardian as soon as practicable in person or by telephone if the minor is cited for any of the following:
      • Any non-motor vehicle criminal offense.
      • Any of the following motor vehicle offenses:
        • Passing a stopped school bus, G.S. §20-217
        • Reckless driving, G.S. §20-140
        • Hit and run, property damage only, G.S. §20-166(b)
        • Following too closely, G.S. §20-152(a)
        • Driving on the wrong side of the road, G.S. §20-146
        • Illegal passing, G.S. §20-150
        • Driving While Impaired, G.S. §20-138.1
    • Notification of school principal (G.S. §7B-3101) – A law enforcement officer who charges a person with a criminal offense that is a felony, except for a criminal offense under G.S. §§20, will notify the principal of any school the person attends of the charge as soon as practical, but at least within five days. If the person is taken into custody, the law enforcement officer or the officer's immediate supervisor will notify the principal of any school the person attends. This notification will be in writing and will be made within five days of the person's arrest. If a principal receives notification under this subsection of the North Carolina General Statutes, a representative from the District Attorney's office shall notify that principal of the final disposition at the trial court level.
  4. Interviews at Schools

    In order to recognize the needs of school officials to comply with their school policies, officers and detectives will follow the procedural outlines set forth by the Board of Education when it is consistent with public safety and the Juvenile Code.

    In investigations in which the juvenile is a suspect or defendant, the officer(s) will report to the school office in person and advise the principal or their designate of the name of the child to be interviewed. Officers will conduct interviews in a private setting and will use the Miranda warning when appropriate. Students will not be removed from the school grounds unless they have been placed under arrest or the detective has received permission from the school authority to do so.

    In investigations concerning child abuse and child neglect, the officers and detectives will present themselves to the office and advise the principal or their designate the name of the child to be interviewed. Parents will not be notified in advance of an interview in which parents are suspects in abuse or neglect cases. Parents will be notified at the appropriate time during the course of the investigation. Juvenile victims of abuse and neglect will be interviewed in a private setting and by means established through the guidelines set forth by the Juvenile Code.

    Officers who believe a child should be removed from school for their protection and safety from an abusing parent should contact the Department of Social Services for assistance.
  5. Undisciplined Acts

    A juvenile offender who commits an undisciplined act is a status offender. These acts are not criminal in nature.

    Undisciplined Juvenile

    Juveniles under the age of 18, who are regularly disobedient and uncontrollable by their parent, guardian or custodian, may be taken into temporary custody without a court order.

    When a juvenile is taken in to custody under this law, the juvenile must be released to their parent, guardian or custodian within twelve hours from the time of taking them into custody.

    The investigating officer should refer the juvenile's parent, guardian, or custodian to the Office of Juvenile Justice and Delinquency Prevention (OJJDP) for additional assistance in pursuing an undisciplined petition on the juvenile. Care should be taken to determine the actions of the juvenile are merely undisciplined acts before referring to the OJJDP. If what the parent, guardian, or custodian is reporting is a violation of criminal law (e.g. threats, injury to property, assault, etc.) an investigative report must be completed.

    Truants

    Juveniles under the age of 16 are required to attend school, unless permission to be absent is given by an authorized person. When an officer has probable cause to believe a juvenile is truant, the child may be taken into temporary custody. When a juvenile is taken into temporary custody for truancy, the officer must release the child to their parent, guardian, or custodian, school official, or school-based program designated by school officials.

    An officer may choose not to take the truant into temporary custody. If the child is willing, the officer may transport them to the school and release them to a school official. Officers will document all encounters with possible truant juveniles.

    Runaway/Missing Person

    Any report of a juvenile that is missing, regardless of circumstance of the disappearance, will be documented by the use of an investigative report. Any and all circumstances should be included in the initial report. This will aid the detective in determining if the juvenile meets the criteria of a "runaway" for disposition of the investigation.

    Police personnel who locate or who are responsible for the follow-up investigations of runaways will conduct interviews of these juveniles in an attempt to determine the nature and circumstances of the undisciplined act. These follow-up interviews should address the juvenile's whereabouts, activities, and if they were the victim of any criminal occurrences during the period(s) in question. Significant information gleaned from these interviews should be forwarded to parents and/or guardians, and applicable referral agencies should be recommended. Additionally, if criminal activity is discovered to have occurred, appropriate investigative measures should be applied.

    If an officer has knowledge of a missing juvenile, and any of the following criteria exist, the officer can take the child into temporary custody and proceed according to custody requirements below.

    A "runaway" can be defined as a juvenile, under 18 years of age, who: 
    • Has been gone for over 24 hours;
    • Is regularly disobedient, beyond the control of the parent; or
    • Is in a location or situation where welfare is endangered.
    In regards to the custody of a runaway, the following procedures will apply, according to North Carolina Law and District Court procedures.
    • Local and in-state runaways under the age of 18 may be taken into custody if any of the above criteria is met. The officer taking a local runaway juvenile into temporary custody will return the juvenile to their home. An effort should be made to contact the parents, guardian, or legal custodian at their place of work or other place where they may be located.
    • Upon taking an in-state runaway into custody, the parents will be contacted and will be requested to travel to the police department to assume custody of the juvenile. If this can be accomplished within twelve hours, hold the juvenile at the police department until the parent, guardian, or custodian arrives.
    • If locating the parents or the response will take more than twelve hours, the officer should obtain a secure custody order and place the runaway juvenile in a juvenile detention facility. If the parent cannot be contacted by telephone, a request should be made to the local law enforcement agency.
    • Out-of-state runaways, who are classified as juveniles in their residence state, may be taken into temporary custody if reasonable information exists that the child is a runaway or an escapee. Upon taking the runaway juvenile into temporary custody, contact the parents and request the parent to pick up the juvenile. If this can be accomplished within twelve hours, hold the juvenile at the police department until the parent, guardian or custodian arrives. If the response will take more than twelve hours, the officer should obtain a secure custody order and place the runaway juvenile in a juvenile detention facility.
    The court must know the time schedule and means of returning the juvenile placed in secure custody to their home state. This information should be available prior to seeking permission for placement in secure custody. If unable to contact a parent, a request should be made to the local law enforcement agency.
  6. Custody and Documentation

    In delinquent and undisciplined cases, many juveniles who are taken into custody are released to their parents, guardians, or custodians. Occasionally, it is necessary to detain a juvenile. This detention should be considered as preplacement care rather than punishment.

    Juvenile Holding Log

    Fill out the log when a person under 18 years of age is held in a secure area in the police building. This includes the processing area, intoximeter room, and interview rooms within the processing area.

    Temporary Custody

    The purpose of releasing the child to the parent is to verify their identification and to give the officer the opportunity to discuss the matter with them. Through this involvement, it is hoped the parents will initiate corrective measures. Release should take place at the police department or at the place of apprehension, if at all possible. This involves the parents immediately and gives the officer an opportunity to hold a conversation with them. If the parents do not have a telephone or transportation, the child should be carried to their home and the interview carried out there.

    Secure Custody

    Secure custody of a juvenile may be authorized if there is probable cause to believe the child committed the offense alleged and the juvenile falls into one of the following categories:
    • The juvenile is presently charged with one or more felonies, and has demonstrated they is a danger to property or persons.
    • The juvenile has demonstrated that the juvenile is a danger to persons and is charged with either a misdemeanor at least one element of which is assault on a person or a misdemeanor in which the juvenile used, threatened to use, or displayed a firearm or other deadly weapon.
    • The juvenile has willfully failed to appear in court on a pending delinquency charge or on charges of violation of probation or post-release supervision, providing the juvenile was properly notified.
    • The juvenile has a delinquency charge pending and there is reasonable cause to believe the juvenile will fail to appear in court.
    • The juvenile is an absconder from any residential facility or detention facility in this State or any comparable facility in another State.
    • There is reasonable cause to believe the juvenile should be detained for the juvenile's own protection because the juvenile has recently suffered or attempted self-inflicted physical harm, and the juvenile must have been refused admission by one appropriate hospital and the period of secure custody is limited to 24 hours to determine the need for inpatient hospitalization.
    • The juvenile is alleged to be undisciplined by virtue of the juvenile's being a runaway and is inappropriate for nonsecure custody placement or refuses nonsecure custody, and the court finds that the juvenile needs secure custody for up to 24 hours, excluding weekends, State holidays, or where circumstances require for a period not to exceed 72 hours to evaluate the need for medical or psychiatric treatment or facilitate a reunion with the juvenile's parent guardian, or custodian.
    Secure Custody Procedure

    If secure custody is warranted and the court is in session, the officer should consult with a supervisor. The supervisor will contact the Office of Juvenile Justice and Delinquency Prevention (OJJDP) for approval of a Secure Custody Order. If court is not in session, the on-call Court Counselor from the OJJDP can be reached through Communications.
    • If approval is granted, the officer will complete a Juvenile Petition and obtain a Secure Custody Order from the on-call Court Counselor or Magistrate, dependent upon if court is in session. The original custody order will be served on the juvenile and will be returned to Records. A copy of the petition and custody order will be given to the juvenile, their parent, and the person to whom the juvenile is released. If the juvenile is from another jurisdiction, a PIN message must be sent to the local law enforcement agency, requesting them to notify the parent of the child.
    • If approval is denied, the officer will release the juvenile to their parent or guardian.
    Juvenile Transport

    Officers will bring juveniles to a facility as indicated by the custody order without delay unless the juvenile is in need of immediate emergency medical treatment.

    Existing Secure Custody Order

    Secure custody orders authorize officers to locate and detain certain juveniles. Secure custody orders that are outstanding will be maintained in Communications. When circumstances justify, custody orders may be sent to Field Operations for service. Upon receipt, the officer will attempt to locate the child and, if successful, will execute the order. The child and a copy of the custody order will be delivered to the Guilford County Juvenile Detention Center.

    The officer taking the juvenile into custody will see that the parents of the child receive a copy of the custody order and petition. The original copy of the custody order will be returned to Records. The officer serving any Secure Custody Order will complete an investigative report along with a juvenile referral in lieu of an arrest report.

    Order to Assume Custody – Violation of House Arrest

    House arrest is a restriction placed upon juveniles as an alternative to immediate detention. (This order will be identified by the color blue.) Certain conditions are placed upon the juvenile while under house arrest. They are:
    • not violate the law;
    • reside with a responsible adult: obey caretaker;
    • attend school daily; and
    • other than school, the juvenile is not to be away from home unless accompanied by parent or caretaker.
    House arrest orders will be maintained in Communications.

    Activation of House Arrest Orders

    Communications and Records will maintain all Inactive and House Arrest Orders. An officer may contact Communications to determine if an Inactive or House Arrest Order exists. Upon discovery of a violation and the existence of an Inactive or House Arrest Order, an officer should contact the Office of Juvenile Justice and Delinquency Prevention. After being informed of the violation, the Juvenile Court Counselor may authorize activation and service of the order.

    Located in the center of the form are blanks to record the date and hour the order was activated plus a space to record the authorizing court counselor's name. Located at the bottom of the form is a list of violations. The applicable violations should be indicated.

    Juvenile House Arrest Orders, once activated, may be entered into DCI as a wanted juvenile. Distribution of copies of the served order is listed at the bottom of the order.

    Located at the top of a Juvenile House Arrest Order is an expiration date. If the order has expired, before the violation occurs and the order has not been activated, the Office of Juvenile Justice and Delinquency Prevention should recall the order.

    Upon service of any Secure Custody or House Arrest Order, the officer serving same will complete an investigative report and juvenile referral in lieu of an arrest report.

    Documentation

    Disclosure of information concerning any juvenile under investigation or alleged to be within the jurisdiction of the court that would reveal the identity of the child is prohibited except as allowed by court order. The following guidelines should be used when completing departmental reports involving juveniles.

    Investigative Report

    Include in the investigative report the name, race, sex, date of birth, address, home phone number, description and personal ID numbers of any juvenile arrestee or suspect of a criminal offense.

    Also include the name, race, sex, date of birth, address and phone number of any juvenile victim, witness, person with knowledge of a criminal offense, or missing person.

    Computer capabilities allow all police personnel to have access to the information, while preserving the integrity of confidentiality, which must be maintained in all juvenile related matters.

    When completing the investigative report, the following documentation will be included, along with other pertinent information in the detailed statement of facts. 
    • The attitude of the child and their parents
    • The victim's statement
    • The officer's impressions and recommendations
    • Any statement made by the juvenile
    • Other social information about the situation
    Accident Report

    Include the name and address of a juvenile, less than 16 years of age, who was the operator of a vehicle and exclude their name from the arrest portion of the form if they are charged with any violation. The charges against the juvenile will be documented with an investigative report and a juvenile referral form.

    Driving While Impaired

    When a juvenile is taken into custody for driving while impaired, the procedures for testing the alcohol content of their breath will be the same as used with adults. In order to perform a blood test for alcohol, a search warrant will have to be obtained. A blood test cannot be performed in lieu of a breath analysis without first obtaining a search warrant. The charges against the juvenile will be documented with an investigative report and a juvenile referral form. An officer will never knowingly issue a citation or obtain an arrest warrant for a person under 16 years of age.

    Any officer taking a juvenile who is ten years of age or older into temporary custody for one of the following non-divertible offenses will have the juvenile fingerprinted and photographed prior to being released.
    • Murder
    • First-degree rape or second degree rape
    • First-degree sexual offense or second degree sexual offense
    • Arson
    • Any felony drug offense
    • First-degree burglary
    • Crime against nature
    • Any felony that involves the willful infliction of serious bodily injury upon another or which is committed by use of a deadly weapon.
  7. Investigation Procedures for Abused/Neglected Juveniles

    Juvenile victims of child abuse and neglect are those persons less than 18 years of age who have been abused or neglected by their parents, guardians, or custodians, as defined by law.

    The Juvenile Code specifies in its purpose that provisions must be made to protect juveniles. This is achieved through means that recognize safety, continuity, and permanence while respecting the right to family autonomy. The Juvenile Code further provides standards of removal and return of juveniles to their homes when it is appropriate.

    The officer assigned to an original complaint will make a thorough investigation, using the same attention and detail required in cases involving any adult offender. 
    • Assistance – In some cases, such as serious felonies, the investigating officer may determine the need for a Protective Service Worker from the department. Communications can assist in contacting the on-call night Protective Service Worker with the Department of Social Services.
    • Interview – The officer must interview the victim and parents separately, if at all possible, in order for a decision to be made by the Protective Service Worker concerning the removal of the child from the home and/or the necessity of a criminal charge.
    • Nonsecure Custody – A Protective Service Worker's decision to remove a child from their home is mandated by Juvenile Code §7B-500. An officer will assist the Protective Service Worker in the service of the order and transportation of the child, if necessary.
    • Documentation – An investigative report will be completed in all cases involving juveniles in which an offense has been reported. This includes cases involving abuse, neglect, incest, related sexual assaults or other family-related offenses. If the suspect in these cases is a juvenile and is charged by the investigating officer, the arrest will be documented by completing an investigative report and juvenile referral.

      Upon receipt of an investigative report, memorandum, or other documentation from a preliminary investigating officer, the assigned detective will contact the Department of Social Services. The detective and the Protective Service Worker will conduct a thorough follow-up investigation using any and all resources available. Upon completion, the detective will document the follow-up investigation and prepare any materials necessary for court presentation, and will close the investigation in the appropriate manner.
  8. Custodial Interrogation of Juveniles

    Officer's conducting custodial interrogation of juveniles will read the juvenile Miranda warnings and acquire a waiver from the suspect before any questioning. Officer will also take into consideration the following:
    • Age, intelligence, educational background;
    • Mental capacity, including whether the defendant was nervous and physical condition;
    • Prior experience in the criminal system;
    • Whether the defendant is suffering from any injury or pain at the time the statement is given;
    • The duration of the questioning;
    • Time of day;
    • Whether the defendant is tired and is desirous of sleep;
    • Length of confinement;
    • Whether Miranda or police caution warnings were given ,when, and whether they understood them;
    • Whether the room size was of sufficient size and supplied with appropriate furniture;
    • Whether defendant was cuffed or threatened;
    • Whether defendant was refused the use of bathroom, food, or drink;
    • Whether there was a promise of leniency;
    • Whether the juvenile understood the interrogation process;
    • Whether a youth officer is present during the interview;
    • Whether the parents were notified;
    • Whether the juvenile asked for a parent to be present;
    • Whether the police prevented a concerned adult from speaking with the juvenile, which is a significant factor; and
    • Familiarity with English or the official language.
    NOTE: General questioning of a juvenile witness about an incident is a reasonable part of the law enforcement process and does not include the prerequisite of Miranda rights or the presence of a parent or legal guardian.
  9. Response to "Safe Surrender" Incidents

    North Carolina G.S. §7B-302 and §7B-500 allow for the "Safe Surrender" of infants no older than 7 days by a parent of that infant. However, in order to be immune from prosecution under existing statutes, the parent must turn the child over to a medical professional, emergency medical services personnel, social services worker, or law enforcement officer while on duty or at the officer's workplace. The parent can also turn the infant over to any responsible adult, who must then immediately turn the child over to one of the above. Since the statutes require certain things of law enforcement personnel that seem contradictory to a normal incident investigation, it is important that officers become familiar with and follow the provisions of this directive.

    If an officer is approached or responds to a call involving a safe surrender situation the officer will:
    • Take the child into temporary custody as provided in G.S. §7B-500(b).
    • Determine the immediate medical needs, if any, of the infant. Guilford County Emergency Medical Services shall be summoned to the officer's location to transport the infant and provide for any immediate medical needs. The officer should advise Communications of the need for an emergency response based on the infant's condition.
    • Inquire of the surrendering party as to the identity of the parents. If the surrendering party claims to be a parent of the infant, the officer must advise the parent that they are not required to answer any questions, but that answering pertinent medical questions about the infant would be beneficial to the care of the infant. If the parent agrees, the officer may ask for this information.
    • If the surrendering party claims not to be the parent, the officer should inquire about the identity of the parents and about any pertinent medical history of which the individual may have knowledge. The officer should request that the individual wait with the officer and infant until the infant can be examined by EMS personnel.
    • The infant should be transported by EMS to a hospital.
    • Guilford County Department of Social Services/Child Protective Services should be called following normal procedures based on the time of day. The Juvenile Services Squad should be notified regardless of the time of day, and may respond based on the circumstances.
    • The officer shall retain custody of the infant until Department of Social Service personnel arrive and take custody. An investigative report will be completed.
    In determining the age of the infant, the officer should use whatever information is provided and their best judgment. If the child is clearly older than 7 days, the above does not apply and the incident should be treated and classified as abandonment.

    If there is evidence of neglect or abuse, the incident should be treated as such, and the provisions of "Safe Surrender" above do not apply.