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13.32A.044  <<  13.32A.050 >>   13.32A.060

RCW 13.32A.050

Officer taking child into custody — When authorized — Maximum time of custody — Transporting to crisis residential center — Report on suspected abuse or neglect.

(1) A law enforcement officer shall take a child into custody:

     (a) If a law enforcement agency has been contacted by the parent of the child that the child is absent from parental custody without consent; or

     (b) If a law enforcement officer reasonably believes, considering the child's age, the location, and the time of day, that a child is in circumstances which constitute a danger to the child's safety or that a child is violating a local curfew ordinance; or

     (c) If an agency legally charged with the supervision of a child has notified a law enforcement agency that the child has run away from placement; or

     (d) If a law enforcement agency has been notified by the juvenile court that the court finds probable cause exists to believe that the child has violated a court placement order issued under this chapter or chapter 13.34 RCW or that the court has issued an order for law enforcement pick-up of the child under this chapter or chapter 13.34 RCW.

     (2) Law enforcement custody shall not extend beyond the amount of time reasonably necessary to transport the child to a destination authorized by law and to place the child at that destination. Law enforcement custody continues until the law enforcement officer transfers custody to a person, agency, or other authorized entity under this chapter, or releases the child because no placement is available. Transfer of custody is not complete unless the person, agency, or entity to whom the child is released agrees to accept custody.

     (3) If a law enforcement officer takes a child into custody pursuant to either subsection (1)(a) or (b) of this section and transports the child to a crisis residential center, the officer shall, within twenty-four hours of delivering the child to the center, provide to the center a written report detailing the reasons the officer took the child into custody. The center shall provide the department with a copy of the officer's report.

     (4) If the law enforcement officer who initially takes the juvenile into custody or the staff of the crisis residential center have reasonable cause to believe that the child is absent from home because he or she is abused or neglected, a report shall be made immediately to the department.

     (5) Nothing in this section affects the authority of any political subdivision to make regulations concerning the conduct of minors in public places by ordinance or other local law.

     (6) If a law enforcement officer has a reasonable suspicion that a child is being unlawfully harbored in violation of RCW 13.32A.080, the officer shall remove the child from the custody of the person harboring the child and shall transport the child to one of the locations specified in RCW 13.32A.060.

     (7) No child may be placed in a secure facility except as provided in this chapter.

[2000 c 123 § 6; 1997 c 146 § 2; 1996 c 133 § 10; 1995 c 312 § 6; 1994 sp.s. c 7 § 505; 1990 c 276 § 5; 1986 c 288 § 1; 1985 c 257 § 7; 1981 c 298 § 2; 1979 c 155 § 19.]

Notes:

     Findings -- Short title -- Intent -- Construction -- 1996 c 133: See notes following RCW 13.32A.197.

     Short title -- 1995 c 312: See note following RCW 13.32A.010.

     Finding -- Intent -- Severability -- 1994 sp.s. c 7: See notes following RCW 43.70.540.

     Intent -- 1990 c 276: See RCW 13.32A.015.

     Conflict with federal requirements -- Severability -- 1990 c 276: See notes following RCW 13.32A.020.

     Severability -- 1986 c 288: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1986 c 288 § 13.]

     Severability -- 1985 c 257: See note following RCW 13.34.165.

     Severability -- 1981 c 298: See note following RCW 13.32A.040.

     Effective date -- Severability -- 1979 c 155: See notes following RCW 13.04.011.