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Family Court Criminal Rule 5 (b) - Arrest of Child Duties of Peace Officers

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Family Court Criminal Rule 5 (b) - Arrest of Child Duties of Peace Officers

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Questions and Answers

What is the duty of a peace officer if they are unable to notify the parents or custodian of a child within two hours of arrest?

Take the child before a court or commissioner for the purpose of filing a complaint against them

Take the child before the Family Court

Release the child (ROR) to the parents with a brief report of the reason for apprehension (correct)

File with the court the original and one copy of the complaint

Under what circumstances can a child be detained by a court and required to furnish cash or property bail?

If there is evidence of repeat offenses committed by the child

If the child is charged with a serious offense and deemed a flight risk

If detention is necessary for the child's or public's protection and if the child fails to furnish bail after being given ample time to do so (correct)

If the child's parent/guardian requests detention for the child's safety

What is the consequence if a peace officer fails to take a child before the court after an arrest?

The peace officer will be required to provide an explanation to the Family Court

The peace officer will file with the court the original and one copy of the complaint (correct)

The peace officer will be subject to disciplinary action

The child will be immediately released to the parents or guardian

What action must be taken by any other court if a child is brought before it?

May release (ROR) or to parent/guardian Signup and view all the answers

Under what circumstances can a child be incarcerated without an order of a judge of Family Court?

A serious threat to public safety requires immediate incarceration Signup and view all the answers

What is the requirement for notifying the Family Court if a child's parent/guardian were not notified of their commitment to detention?

The detention facility must attempt to notify the parents/guardians immediately and advise the Family Court at the time of the detention hearing if unable to do so. Signup and view all the answers

What is required by law enforcement in case of 'good faith suspicion' or 'reasonable belief' of child abuse or neglect by any person?

Immediate oral report by phone to DFS using 24-hour contact line and notification of supervisor if a health care professional is involved. Signup and view all the answers

What is the role of the Executive staff in the mandatory reporting requirement for child abuse or neglect by health care professionals?

To consult with division's legal counsel to determine if the mandatory reporting requirement applies. Signup and view all the answers

What action does the Division of Professional Responsibility take upon receiving a written request from DOJ to suspend an investigation?

Suspends any new or pending investigation and advises health care professional of the investigation and other duties that might interfere with law enforcement's investigation. Signup and view all the answers

Family Court Criminal Rule 5 (b) - Arrest of Child Duties of Peace Officers

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Podcast

Questions and Answers

What is the duty of a peace officer if they are unable to notify the parents or custodian of a child within two hours of arrest?

Under what circumstances can a child be detained by a court and required to furnish cash or property bail?

What is the consequence if a peace officer fails to take a child before the court after an arrest?

What action must be taken by any other court if a child is brought before it?

Under what circumstances can a child be incarcerated without an order of a judge of Family Court?

What is the requirement for notifying the Family Court if a child's parent/guardian were not notified of their commitment to detention?

What is required by law enforcement in case of 'good faith suspicion' or 'reasonable belief' of child abuse or neglect by any person?

What is the role of the Executive staff in the mandatory reporting requirement for child abuse or neglect by health care professionals?

What action does the Division of Professional Responsibility take upon receiving a written request from DOJ to suspend an investigation?

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