Louisiana Code of Criminal Procedure 223 – Identification of minor or dependent children upon arrest; required inquiry; guidelines
Terms Used In Louisiana Code of Criminal Procedure 223
- Arrest: Taking physical custody of a person by lawful authority.
- Dependent: A person dependent for support upon another.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
A. A state or local law enforcement officer who arrests a person shall, at the time of the arrest, do all of the following if practicable:
(1) Inquire whether the person is a parent or guardian of a minor or dependent child under the care, custody, or control of the arrested person at the time of the arrest, who may be at risk as a result of the arrest.
(2) Ascertain whether a child is present, relying on all available information including any information received from emergency call operators and any indications at the scene of arrest that a child may be present or at another location.
(3) Permit an arrested person a reasonable opportunity, including providing access to telephone numbers stored in a mobile telephone or other location, to make alternate arrangements for the care of a child under his care, custody, or control, including a child who is not present at the scene of the arrest, and to provide a partner organization with contact information of a preferred alternate caregiver.
(4) Provide an arrested person the opportunity to speak with a child who is present, prior to such caregiver being transported to a police facility. If such an opportunity is not practicable, having a police officer explain to such child, using age appropriate language, that such child did nothing wrong and that the child will be safe and cared for.
(5) Make reasonable efforts to ensure the safety of minor or dependent children at risk as a result of an arrest in accordance with guidelines established pursuant to La. Rev. Stat. 40:2405.9.
B. Law enforcement officers are not required to adhere to the guidelines of Paragraph A of this Article if any of the following circumstances are present:
(1) The arrested caregiver presents a threat of serious bodily injury or death to himself, others, or the law enforcement officer.
(2) The arrested caregiver is in the act of committing a crime of violence as defined in La. Rev. Stat. 14:2(B).
(3) The law enforcement officer has exercised due diligence, based on all available information, and ascertains that no minor children are under the arrested person’s care, custody, or control.
Acts 2021, No. 126, §2.