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North Dakota Century Code Title 27. Judicial Branch of Government § 27-20.3-06. Taking into protective custody

Current as of January 01, 2024 | Updated by Findlaw Staff

1. A child alleged to be in need of protection may be taken into protective custody:

a. Pursuant to an order of the court under this chapter;

b. By a law enforcement officer or designee if there are reasonable grounds to believe the child:

(1) Is suffering from illness or injury or is in immediate danger from the child's surroundings, and the child's removal is necessary;

(2) Is in violation of a city or county curfew; or

(3) Has run away from the child's parents, guardian, or other custodian; or

c. By order of the director made pursuant to section 27-20.3-04.

2. The taking of a child into protective custody is not an arrest, except for the purpose of determining the validity of the arrest under the Constitution of North Dakota or the United States Constitution.

3. A law enforcement officer may transport a child to and from a shelter care facility or a certified shelter care facility.

4. Without a compelling reason to the contrary, a court order transferring a child into custody must provide a reasonable period of time to facilitate a beneficial transition for the child and other parties involved.

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Cite this article: FindLaw.com - North Dakota Century Code Title 27. Judicial Branch of Government § 27-20.3-06. Taking into protective custody - last updated January 01, 2024 | https://codes.findlaw.com/nd/title-27-judicial-branch-of-government/nd-cent-code-sect-27-20-3-06/

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