§ 40-11-5. Protective custody by physician or law enforcement officer.
(a) Any physician or duly certified registered nurse practitioner treating a child who
has suffered physical injury that appears to have been caused by other than accidental
means, or a child suffering from malnutrition or sexual molestation, shall have the
right to keep the child in the custody of a hospital or any licensed childcare center
or facility for no longer than seventy-two (72) hours, with or without the consent
of the child's parents or guardian, pending the filing of an ex-parte petition to
the family court. The expense for that temporary care shall be paid by
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§ 40-11-5. Protective custody by physician or law enforcement officer.
(a) Any physician or duly certified registered nurse practitioner treating a child who
has suffered physical injury that appears to have been caused by other than accidental
means, or a child suffering from malnutrition or sexual molestation, shall have the
right to keep the child in the custody of a hospital or any licensed childcare center
or facility for no longer than seventy-two (72) hours, with or without the consent
of the child's parents or guardian, pending the filing of an ex-parte petition to
the family court. The expense for that temporary care shall be paid by the parents
or legal guardian of the child or, if they are unable to pay, by the department.
(b) Any police or law enforcement officer may take a child into protective custody without
the consent of the parents, or others exercising control over the child.
(c) If the officer has reasonable cause to believe that there exists an imminent danger
to the child's life or health unless he or she is taken into protective custody, the
officer shall immediately notify and place the child with the director of the department
of children, youth and families, or his or her designated agent, who shall care for
the child; provided, however, that no child may be detained in protective custody
longer than forty-eight (48) hours without the express approval of a justice of the
family court.
(d) Any child protective investigator or social caseworker II employed by the department,
may take a child into temporary protective custody without the consent of his or her
parent or other person responsible for the welfare of the child, if the investigator
or social caseworker II has reasonable cause to believe that the child or his or her
sibling has been abused and/or neglected and that continued care of the child by his
or her parent or other person responsible for the child's welfare will result in imminent
further harm to the child. The investigator or social caseworker II shall have the
child examined by a licensed physician or duly certified registered nurse practitioner
within twenty-four (24) hours in accordance with the provisions of § 40-11-6(c); and, provide further, that the child shall not be detained in protective custody
longer than forty-eight (48) hours without the expressed approval of a justice of
the family court.