Release or delivery to court; transportation

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  • (a) A law enforcement officer taking a child into custody shall notify the parents, guardian or custodian of the child or other person responsible for his care as soon as possible, and with all reasonable speed:

    • (1) release the child to his parents, guardian, custodian or other person responsible for his care and issue verbal counsel or warning as may be appropriate; or

    • (2) release the child to his parents, guardian, custodian or other person responsible for his care upon their promise to bring the child before the court when requested by the court; or

    • (3) bring the child to the intake officer; or

    • (4) deliver the child to a place of detention or shelter care;

    • (5) deliver the child to a medical facility, if the child is believed to be suffering from a serious physical or mental condition or illness which requires either prompt treatment or prompt diagnosis for evidentiary purpose.

  • (b) The officer shall promptly give written notice together with a statement of the reason for taking the child into custody, to a parent, or other person responsible for the child's care and to the Attorney General's office if the child is not returned home per subsection (a)(1) or (a)(2) of this section.

  • (c) When a child is delivered to a place of detention or shelter care, the Attorney General shall review the need for detention or shelter care and shall release the child unless detention or shelter care is required under section 2514 of this title or has been ordered by the court.

  • (d) If a parent, guardian, custodian or other person responsible for his care fails, when requested, to bring the child before the court as provided in subsection (a)(2), the court may issue a warrant directing that the child be taken into custody and brought before the court.

  • (e) No child shall be transported in any police vehicle which also contains adults under arrest unless there is a situation where prudent police procedures warrant otherwise and the safety of the child is not put in jeopardy.


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