§587-22  Protective custody by police
officer without court order.  (a)  A police officer shall assume protective
custody of the child without a court order and without the consent of the
child's family regardless of whether the child's family is absent, if in the
discretion of the police officer, the child is in such circumstance or
condition that the child's continuing in the custody or care of the child's
family presents a situation of imminent harm to the child.



A police officer may assume protective custody
of the child without a court order and without the consent of the child's
family regardless of whether the child's family is absent, if in the discretion
of the police officer:



(1)  The child has no legal custodian who is willing
and able to provide a safe family home for the child; or



(2)  There is evidence that the parent or legal
guardian of the child has subjected the child to harm or threatened harm and
that the parent or legal guardian is likely to flee the jurisdiction of the
court with the child.



(b)  A police officer who assumes protective
custody of a child immediately shall complete transfer of protective custody to
the department by presenting physical custody of the child to the department,
unless the child is or presently will be admitted to a hospital or similar
institution, in which case the police officer immediately shall complete
transfer of protective custody to the department by so informing the department
and receiving an acknowledgment from the hospital or similar institution that
it has been informed that the child is under the temporary foster custody of
the department.



(c)  Upon the completion of the transfer of
protective custody of a child by a police officer to the department, the
department shall automatically assume temporary foster custody of the child. [L
1983, c 171, pt of §1; am L 1986, c 316, §7; am L 1999, c 271, §6]