Current through the 2023 Legislative Sessions
Section 27-20.3-06 - Taking into protective custody1. 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; orc. 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.Amended by S.L. 2023, ch. 294 (HB 1137),§ 17, eff. 8/1/2023.Amended by S.L. 2023, ch. 294 (HB 1137),§ 16, eff. 8/1/2023.Added by S.L. 2021 , ch. 245( HB 1035 ), § 23, eff. 7/1/2021.