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Colorado Revised Statutes Title 26. Human Services Code § 26-5.7-104. Taking youth into custody--transporting to residence or child care facility or homeless youth shelter

Current as of January 01, 2022 | Updated by FindLaw Staff

(1) A law enforcement officer may take a youth into temporary custody without an order of the court under the following circumstances:

(a) If a law enforcement agency has been contacted by the youth's parent and informed that the youth is absent from parental custody without consent; or

(b) If an officer has reasonable cause to believe, considering the youth's age, the youth's location, and the time of day, that the youth is in circumstances that constitute a danger to the youth's safety.

(2) Law enforcement custody pursuant to this section shall not extend beyond the amount of time reasonably necessary to transport the youth to a destination authorized pursuant to subsection (4) of this section.

(3) Nothing in this section shall affect the authority of a law enforcement officer to take a youth into custody and follow the procedures established pursuant to article 2.5 or 3 of title 19, C.R.S.

(4) A law enforcement officer taking a youth into custody pursuant to this section shall inform the youth of the reason for such custody and shall comply with either of the following:

(a) The officer shall transport the youth to the home of the youth's parent. The officer releasing the youth into the custody of the youth's parent shall inform the parent of the reason for taking the youth into custody and shall inform the youth and the parent of the nature and location of any family reconciliation services available in their community.

(b) The officer shall take the youth to a licensed child care facility or to a licensed homeless youth shelter if:

(I) The youth evinces fear or distress at the prospect of being returned to the home of the youth's parent;

(II) It is not practical to transport the youth to the home of the youth's parent; or

(III) There is no parent available to accept custody of the youth.

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Cite this article: FindLaw.com - Colorado Revised Statutes Title 26. Human Services Code § 26-5.7-104. Taking youth into custody--transporting to residence or child care facility or homeless youth shelter - last updated January 01, 2022 | https://codes.findlaw.com/co/title-26-human-services-code/co-rev-st-sect-26-5-7-104/

Read this complete Colorado Revised Statutes Title 26. Human Services Code § 26-5.7-104. Taking youth into custody--transporting to residence or child care facility or homeless youth shelter on Westlaw. Westlaw subscription required.

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