[§587A-8]  Protective custody by police officer without court order.  (a)  A police officer shall assume protective custody of a child without a court order and without the consent of the child's family, if in the discretion of the police officer, the officer determines that:

     (1)  The child is subject to imminent harm while in the custody of the child's family;

     (2)  The child has no parent, as defined in this chapter, who is willing and able to provide a safe family home for the child;

     (3)  The child has no caregiver, as defined in this chapter, who is willing and able to provide a safe and appropriate placement for the child; or

     (4)  The child's parent has subjected the child to harm or threatened harm and the parent is likely to flee with the child.

     (b)  The department shall assume temporary foster custody of the child when a police officer has completed the transfer of protective custody of the child to the department as follows:

     (1)  A police officer who assumes protective custody of a child shall complete transfer of protective custody to the department by presenting physical custody of the child to the department; or

     (2)  If the child is or will be admitted to a hospital or similar institution, the police officer shall immediately complete the transfer of protective custody to the department by notifying the department and receiving an acknowledgment from the hospital or similar institution that it has been informed that the child is under the temporary foster custody of the department. [L 2010, c 135, pt of §1]

 

 

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