Louisiana Children’s Code 736 – Taking child into custody without a court order
Terms Used In Louisiana Children's Code 736
- Child: means a person under eighteen years of age who, prior to proceedings under this Title, has not been judicially emancipated or emancipated by marriage. See Louisiana Children's Code 728
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
A. A peace officer or probation officer of the court may take a child into custody without a court order if he has reasonable grounds to believe that the child’s family is in need of services and that the child’s conduct or surroundings are such as to endanger his welfare and that immediate removal appears to be necessary for his protection or control.
B. If the child is taken into custody without a court order or warrant, the peace officer shall have the responsibility either to:
(1) Counsel and release the child to the care of his parents or legal custodian upon a written promise to bring the child to court at such time as may be fixed by the court.
(2) Promptly take the child to a shelter care facility.
C. If the officer does not release the child to the care of his parents, the officer promptly shall notify the child’s parents that he has been taken into custody.
D. The officer shall submit a report to the district attorney or the officer designated by the court to receive such reports. The report shall include:
(1) The name, address, date of birth, sex, and race of the child.
(2) The name and address of the parents, or spouse, if any, of the child.
(3) A plain and concise statement of the facts and circumstances of the officer’s taking the child into custody.
(4) A plain and concise statement of facts and circumstances showing reasonable grounds to believe that the family is in need of services and that the child’s conduct or surroundings are such as to endanger his welfare, and that immediate removal appears to be necessary for his protection or control.
(5) A statement indicating whether the child was released or conducted to a shelter care facility.
E. If the child is released pursuant to Paragraph B of this Article, the report shall be submitted by the officer within seven days from the child’s release. If the child is not so released, the report shall be submitted within twenty-four hours of the child being taken into custody.
Acts 1991, No. 235, §7; Acts 1999, No. 1313, §1.