§ 1004 — Duties of officer having child in custody

A peace officer may take into custody a child the officer believes to be dependent, neglected or delinquent. Any peace officer having taken such a child into custody shall immediately notify the child’s custodian citing the reasons therefor. If the custodian refuses to accept the child or cannot be located or cannot provide necessary care for the child, the peace officer shall:

(1) When the child is not charged with a delinquent act, immediately contact the Division of Child Protective Services of the Department of Services for Children, Youth and Their Families, who shall be responsible for further pursuing the whereabouts of the custodian or providing shelter and care for the child in a shelter home, foster home, group home, private agency home or other appropriate facility for children. The child shall be placed in a manner consistent with § 1009(e) [repealed] of this title. After making every reasonable effort to locate the custodian, the Division of Child Protective Services of the Department of Services for Children, Youth and Their Families may release the child to the child's custodian or forthwith file with the Court a petition for custody alleging dependency or neglect.

(2) When the child has been charged with a delinquent act, take the child directly before the Court if the Court is in session or take the child before a court or commissioner for disposition in accordance with § 1005 of this title. After taking the child into custody, the peace officer shall forthwith file with the Court a sworn complaint alleging delinquency with a report for the reason of the child’s apprehension.

Legislative History

10 Del. C. 1953, § 933; 58 Del. Laws, c. 114, § 1 ; 61 Del. Laws, c. 334, § 2 ; 64 Del. Laws, c. 108, § 7 ; 66 Del. Laws, c. 13, § 2 ; 69 Del. Laws, c. 335, § 1 ; 76 Del. Laws, c. 136, § 6 ; 81 Del. Laws, c. 253, § 1