Current through the 2023 Legislative Sessions
Section 27-20.3-08 - Release or delivery to court1. A person taking a child into protective custody, with all reasonable speed and without first taking the child elsewhere, shall:a. Release the child to the child's parent, guardian, custodian, or other responsible adult able and willing to assume custody of the child, upon that person's promise to bring the child before the court if requested by the court, unless the child's shelter care is warranted or required; orb. Bring the child before the court or deliver the child to a shelter care facility designated by the court or to a medical facility if the child is believed to suffer from a serious physical condition or illness that requires prompt treatment. The person taking the child into custody promptly shall give notice of taking the child into custody, together with a statement of the reason for taking the child into custody, to a parent, guardian, or other custodian and to the court. Any questioning of the child necessary to comply with this subdivision must conform to the procedures and conditions prescribed by this chapter and rules of court.2. If a parent, guardian, or other custodian, when requested, fails to bring the child before the court as provided in subsection 1, the court may issue a temporary custody order directing the child be taken into custody and brought before the court.3. If the petition is not filed within thirty days from the date of protective custody, the child must be released from shelter care.Amended by S.L. 2023 , ch. 294( HB 1137 ), § 18, eff. 8/1/2023.Added by S.L. 2021 , ch. 245( HB 1035 ), § 23, eff. 7/1/2021.