CHAPTER 6-2
EMERGENCY CUSTODY

6-2-1 Emergency Custody.

In all cases, a child may be taken into custody only on a Court order, except that a child may be taken into emergency custody without a Court Order by the social service agency when there are reasonable grounds to believe that:

(A)    The child is abandoned, lost, or seriously endangered in its surroundings and immediate removal appears to be necessary for its protection; or

(B)    The child has run away; or

(C)    The child is reasonably suspected to be the victim of child abuse.

In any case when a social service agency has initiated emergency custody, such temporary protective custody under this Section shall not exceed seventy-two (72) hours, provided that a court order has not been initiated.

6-2-2 Notification of Parents.

When a child is taken into emergency custody, notification of a parent, guardian, or legal custodian shall be made without unnecessary delay. If the child is placed in a shelter facility, all parties have a right to a prompt hearing to determine whether temporary custody should be continued.

6-2-3 Release of Detained Child.

The child shall be released to the care of the parents or other responsible adult, unless the child’s immediate welfare or the protection of the community requires otherwise. The parent or other person to whom the child is released may be required to sign a written promise, on forms supplied by the Court, to bring the child to Court at a time set or to be set by the Court.

6-2-4 Notification of Court.

Whenever a child is placed into emergency custody, the social service agency shall immediately notify the Juvenile Court stating the facts which led to the child being taken into custody and the reason why the child was not released. This notification shall extend the emergency custody another twenty-four (24) hours. A written report which initiates a Court order shall be filed within the extended twenty-four (24) hours after the immediate notification.

6-2-5 Shelter

A child who must be taken from its home shall be given emergency and temporary care in a shelter facility approved by the social service agency or designated by the Court.

6-2-6 Court Ordered Medical Treatment.

(A)    At any time after a child is taken into custody and prior to adjudication on the merits if the Court finds that emergency medical, surgical, or dental treatment is required for a child it may authorize such treatment or care. The power to consent to emergency medical care may be delegated by the Court to the agency or person having physical custody of the child.

(B)    After a child has been adjudicated a Ward of the Court, the Court may consent to any necessary emergency, preventive, or general medical, surgical, or dental treatment or care, or may delegate the authority to consent to the agency or person having custody of the child.