Section 12-15-58

Release, delivery to detention or shelter care facility, medical facility, etc., of children taken into custody generally.

(a) A person taking a child into custody shall, with all possible speed, and in accordance with this chapter and the rules of court pursuant thereto:

(1) Release the child to the child's parents, guardian, custodian or other suitable person able and willing to provide supervision and care for the child and issue oral counsel and warning as may be appropriate.

(2) Release the child to the child's parents, guardian or custodian upon their promise to bring the child before the court when requested, unless the child's placement in detention or shelter care appears required.

(3) Bring the child, if not released, to the intake office of probation services or deliver the child to a place of detention or shelter care designated by the court and, in the most expeditious manner possible, give notice of the action taken, together with a statement of the reasons for taking the child into custody, in writing to the intake office, to the court and to the parent, guardian or other custodian of the child and, in the case of dependency, to the Department of Human Resources, except in the case of a juvenile being taken into custody for a violation of a municipal curfew ordinance. In curfew violation cases, if the child is not released, the child may be taken to a facility which has been previously approved by the court as a curfew detention facility. A child taken to a curfew detention facility shall be released within eight hours.

(b) Whenever a child, taken into custody pursuant to this chapter, is brought to a shelter or other care facility established or approved by the Department of Human Resources or the Department of Youth Services or to the intake office, the person in charge of the intake office or the representative of the Department of Human Resources, prior to admitting the child for care, shall review the need for detention or shelter care and shall release the child unless detention or shelter care is required under Section 12-15-59 or has been ordered by the court.

(c) A person taking a child into custody pursuant to subdivisions (1) and (7) of Section 12-15-56 shall bring the child to the place of detention or shelter care or to the intake office which shall thereupon proceed in accordance with this chapter.

(d) A person taking a child into custody pursuant to subdivision (4) of Section 12-15-56 shall bring the child to a medical or mental health facility designated by the court if the child is believed to be suffering from a serious mental health condition, illness, or injury which requires either prompt treatment or prompt diagnosis for the child's welfare or for evidentiary purposes, and, in the most expeditious manner possible, give notice of the action taken together with a statement of taking the child into custody in writing to the court, the parents, guardian or other custodian and to the intake office and to the Department of Human Resources in the case of a dependency allegation.

(Acts 1975, No. 1205, p. 2384, §5-120; Acts 1996, No. 96-726, p. 1214, §2.)