§ 5252. Request for emergency care order

(a) If an officer takes a child who is alleged to be delinquent into custody, the officer shall immediately notify the child's custodial parent, guardian, or custodian and release the child to the care of child's custodial parent, guardian, or custodian unless the officer determines that the child's immediate welfare or the protection of the community, or both, require the child's continued removal from the home.

(b) If the officer determines that the child's immediate welfare, the protection of the community, or both, require the child's continued removal from the home, the officer shall:

(1) Take the child into custody pending either issuance of an emergency care order or direction from the State's Attorney to release the child.

(2) Prepare an affidavit in support of a request for an emergency care order. The affidavit shall include the reasons for taking the child into custody and, if known, placements with which the child is familiar, the names, addresses, and telephone numbers of the child's parents, guardians, or custodians, and the name, address, and telephone number of any relative who has indicated an interest in taking temporary custody of the child. The officer shall contact the Department, and, if the Department has knowledge of the reasons for the removal of the child, the Department may prepare an affidavit as a supplement to the affidavit of the law enforcement officer.

(3) Provide the affidavit to the State's Attorney.

(c) If the child is taken into custody during regular court hours, the State's Attorney shall immediately file a request for an emergency care order accompanied by the supporting affidavit or direct the immediate return of the child to the child's custodial parent, guardian, or custodian. If the child is taken into custody after regular court hours or on a weekend or holiday, the State's Attorney or officer shall contact a judge to request an emergency care order or return the child to the child's custodial parent, guardian, or custodian. If an order is granted, the State's Attorney shall file the supporting affidavit with the Family Division of the Superior Court on the next day that the Court is open.

(d) If the judge denies a request for an emergency care order, the State's Attorney shall direct the immediate return of the child to the child's custodial parent, guardian, or custodian. (Added 2007, No. 185 (Adj. Sess.), § 2, eff. Jan. 1, 2009; amended 2009, No. 154 (Adj. Sess.), § 238.)