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Chapter 02 - Temporary Custody, Detention and Shelter

Chapter 02 - Temporary Custody, Detention and Shelter

45.0201 Taking children into custody.


(a) A child may be taken into temporary custody by a law enforcement officer without order of the Court:

(1) when there are reasonable grounds to believe that he has committed an act which would be a felony or misdemeanor if committed by an adult, except that traffic violations shall be handled as otherwise provided by law;

(2) when he is abandoned, lost, or seriously endangered in his surroundings or seriously endangers others and immediate removal appears to be necessary for his protection or the protection of others; or

(3) when there are reasonable grounds to believe that he has run away from his parents, guardian or legal custodian.

(b) A juvenile officer may take a child into temporary custody:

(1) under any of the circumstances stated in subsection (a); or

(2) if he has violated the conditions of probation and he is under the continuing jurisdiction of the Court.

(c) The taking of a child into temporary custody under this section is not an arrest nor does it constitute a police record.

45.0202 Notice to parents-Right to prompt hearing.


When a child is taken into temporary custody, the officer shall notify a parent, guardian, or legal custodian as soon as possible and within 12 hours, and inform him that, if the child is placed in detention pursuant to paragraph (a)(1) of 45.0201, all parties have a right to a prompt hearing to determine whether the child is to be detained further. The notification may be made to a person with whom the child is residing if a parent, guardian, or legal custodian cannot be located. It is the duty of the law enforcement officer taking the child into custody to make the notification. No child which falls under paragraphs (a)(2) and (a)(3) of 45.0201 may be placed in detention but may be placed in a shelter facility, under 45.0203.

45.0203 Release of child.


After notification pursuant to 45.0202, the child shall be released to the care of his parents or other responsible adult, unless his immediate welfare or the protection of the community requires that he be detained. 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 the Court at a time set, or to be set, by the Court.

45.0204 Length of detention-Admissibility of evidence.


(a) Except as provided in subsection (b), a child may not be detained by law enforcement officials any longer than is reasonably necessary to obtain his name, age, residence, and other necessary information and to contact his parents, guardian, or legal custodian.

(b) If he is not released as provided in 45.0203, he must be taken directly to the Court or to a detention or shelter facility without unnecessary delay.

(c) No statements or admissions of a child made as a result of custodial interrogation of the child by a law enforcement official concerning acts alleged to have been committed by the child which would constitute a crime if committed by an adult are admissible in evidence against that child in any delinquency proceeding in which the child is a respondent unless the Court first determines, based upon the totality f the circumstances, that the statements or admissions were voluntary and preceded by adequate warnings of the child’s constitutional rights.

(d) Prior to commencement of any custodial interrogation of a child, law enforcement officials shall make reasonable efforts to obtain the presence of the child’s parent or guardian, or, if a parent or guardian is not otherwise reasonably available, a responsible adult occupying a place in the child’s immediate family, extended family, or village structure, or otherwise standing in loco parentis or otherwise in the role of care-giver to the child. Failure to obtain the presence of an individual enumerated herein shall not require suppression of the admission or statement if the Court determines the statement or admission otherwise satisfies the requirements of subsection (c) above.

45.0205 Notice of custody-Filing of report.


The officer or other person who takes a child to a detention or shelter facility pursuant to 45.0201 shall immediately notify the Court and any agency or persons so designated by the Court that the child has been taken into custody and where he has been taken. He shall also promptly file a brief written report with the Court and any agency or person so designated by the Court stating the facts which led to the child being taken into custody and the reason why the child was not released.

45.0206 Records of custody separate from records of arrest.


The records of law enforcement officers concerning all children taken into temporary custody or issued a summons under the provisions of this chapter shall be maintained separately from the records of arrest and may not be inspected by or disclosed to the public, including the names of children taken into temporary custody or issued a summons; except:

(1) by order of the Court;

(2) when the Court orders the child to be held for criminal proceedings as under subsection (d) of 45.0115; or

(3) when there has been a criminal conviction and a pre-sentence investigation is being made on an application for probation.

45.0207 Transmission of identifying information restricted.


No fingerprint, photograph, name, address, or other information concerning identity of a child taken into temporary custody or issued a summons under this chapter may be transmitted to any person or agency except a local law enforcement agency when necessary to assist in apprehension or to conduct a current investigation, or when the Court orders the child to be held for criminal proceedings under subsection (d) of 45.0115.

45.0210 Detention and shelter-Hearing-Time limits restriction.


(a) A child in need of supervision or neglected or dependent who must be taken from his home shall be given temporary care in a shelter facility and shall not be placed in detention.

(b) When a child is placed in a detention facility or in a shelter facility, the law enforcement official taking the child into custody shall promptly notify the Court and its designee. He shall also notify a parent or legal guardian or, if a parent or legal guardian cannot be located within the Territory, the person with whom the child has been residing and inform him of the right to a prompt hearing to determine whether the child is to be detained further. The Court shall hold the detention hearing with 48 hours, excluding Saturdays, Sundays, and court holidays, unless waived in writing by the child’s attorney, parent, guardian, or an adult person with whom the child has been residing.

(c) (1) No child shall be held in a detention or shelter facility longer than 48 hours, excluding Saturdays, Sundays, and Court holidays, unless a petition has been filed or the Court determines that it would be contrary to the welfare of the child or of the community to release the child from detention. The Court shall make provisions so that either a judge or referee is available to set bond 7 days a week.

(2) No child taken to a detention or shelter facility under 45.0202 through 45.0207 as the result of an allegedly delinquent act which would constitute a felony if committed by an adult shall be released from the facility if a law enforcement agency has requested that a detention hearing be held to determine whether the child’s immediate welfare or the protection of the community requires that he be detained. The child may not afterward be released from detention except after a hearing, reasonable advance notice of which has been given to the Attorney General, alleging new circumstances concerning the further detention of the child.

(3) When, following a detention hearing as provided for by paragraph (2), the Court orders further detention of a child, a petition alleging the child to be delinquent shall be filed with the Court without unnecessary delay if one has not been previously filed, and the child shall be held in detention pending a hearing on the petition.

(d) The Court may at any time order the release of any child, except children being held under paragraph (c)(2) and (c)(3), from detention or shelter care without holding a hearing, either without restriction or upon written promise of the parent, guardian, or legal custodian to bring the child to the Court at a time set or to be set by the Court.

(e)(1) After making a reasonable effort to obtain the consent of the parent, guardian, or other legal custodian, the Court may authorize or consent to medical, surgical, or dental treatment or care for a child placed in detention or shelter care.

(2) When the Court finds that emergency medical, surgical, or dental treatment is required for a child placed in detention or shelter care, it may authorize such treatment or care if the parents, guardian, or legal custodian are not immediately available.

(f)(1) No child under 18 years of age may be detained in jail, lockup, or other place used for the confinement of adult offenders or persons charged with crime.

(2) The official in charge of a jail or other facility for the detention of adult offenders or persons charged with crime shall inform the Court immediately when a child who is or appears to be under 18 years of age is received at the facility.

(g) Nothing in this section shall be construed as denying a child the right to bail.

45.0215 Search warrants for the protection of children.


(a) A search warrant may be issued by the Court to search any place for the recovery of any child within the jurisdiction of the Court believed to be a delinquent child, a child in need of supervision, or a neglected or dependent child.

(b) The warrant shall be issued only on the conditions that the application for the warrant shall:

(1) be in writing and supported by affidavit sworn to or affirmed before the Court;

(2) name or describe with particularity the child sought;

(3) state that the child is believed to be a delinquent child, a child in need of supervision, or a neglected or dependent child and the reasons upon which that belief is based;

(4) state the address or legal description of the place to be searched; and

(5) state the reasons why it is necessary to proceed under this section instead of proceeding under 45.0301 through 45.0304 and 45.0315.

(c) If the Court is satisfied that grounds for the application exist or that there is probable cause to believe that they exist, it issues a search warrant identifying by name or describing with particularity the child sought and the place to be searched for the child.

(d) The search warrant is directed to any officer authorized by law to execute it.

(e) The warrant states the grounds or probable cause for its issuance and the names of the persons whose affidavits have been taken in support of it.

(f) The warrant is served in the daytime unless the application for the warrant alleges that it is necessary to conduct the search at some other time, in which case the Court may so direct.

(g) A copy of the warrant, the application for it and the supporting affidavit shall be served upon the person in possession of the place to be searched and where the child is to be sought.

(h) If the child is found, the child may be taken into custody in conformance with 45.0201.

(i) The warrant is returned to the issuing Court.