43-21-303 - Taking into custody without a custody order.
§ 43-21-303. Taking into custody without a custody order.
(1) No child in a matter in which the youth court has original exclusive jurisdiction shall be taken in custody by any person without a custody order except that:
(a) a law enforcement officer may take a child in custody if:
(i) grounds exist for the arrest of an adult in identical circumstances; and
(ii) such law enforcement officer has probable cause to believe that custody is necessary as defined in Section 43-21-301(3)(b); and
(iii) such law enforcement officer can find no reasonable alternative to custody; or
(b) a law enforcement officer or an agent of the department of public welfare may take a child into custody if:
(i) there is probable cause to believe that the child is in immediate danger of personal harm; and
(ii) such law enforcement officer or agent has probable cause to believe that immediate custody is necessary as defined in Section 43-21-301(3)(b); and
(iii) such law enforcement officer or agent can find no reasonable alternative to custody.
(c) Any other person may take a child in custody if grounds exist for the arrest of an adult in identical circumstances. Such other person shall immediately surrender custody of the child to the proper law enforcement officer who shall thereupon continue custody only as provided in subsection (1)(a) of this section.
(2) When it is necessary to take a child into custody, the least restrictive custody should be selected.
(3) Unless the child is immediately released, the person taking the child into custody shall immediately notify the judge or his designee. A person taking a child into custody shall also make continuing reasonable efforts to notify the child's parent, guardian or custodian and invite the parent, guardian or custodian to be present during any questioning.
(4) A child taken into custody shall not be held in custody for a period longer than reasonably necessary, but not to exceed twenty-four (24) hours, and shall be released to his parent, guardian or custodian unless the judge or his designee authorizes temporary custody.
Sources: Laws, 1979, ch. 506, § 33; Laws, 1980, ch. 550, § 14, eff from and after July 1, 1980.