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?

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

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

    <p>A serious threat to public safety requires immediate incarceration</p> 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?

    <p>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.</p> 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?

    <p>Immediate oral report by phone to DFS using 24-hour contact line and notification of supervisor if a health care professional is involved.</p> 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?

    <p>To consult with division's legal counsel to determine if the mandatory reporting requirement applies.</p> 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?

    <p>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.</p> Signup and view all the answers

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