§ 27-20.3-06 — Taking into protective custody

North Dakota § 27-20.3-06

• Jurisdiction: North Dakota
• Title 27: Judicial Branch of Government
• Ch. 27-20.3: Child Welfare

Text

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.