Probation Department Policy/Procedure Manual

3.4 Release of Minor Children

Location	Department Wide Operations
Section	N/A
Subject	3.4 Release of Minor Children
Purpose	Officers may be required to arrest a probationer who is responsible for the care of minor children. This procedure provides direction to ensure the minor children are properly and safely processed.
Effective Date	9/6/2019
Previous Effective Date

 

1. In the event a field officer arrests a probationer(s) and their minor children are present and no responsible legal guardian is available, the officer must contact and confer with the on-call Child Welfare Services Emergency Response (CWS/ER) worker, before leaving the child at the scene.
2. In the event, the scene becomes unsafe, the child shall be transported to the most safe and appropriate location.
3. If there is not a responsible legal guardian to release the minor(s) to, the officers will need to remain with the child until the CWS/ER worker arrives to take custody of the child or make a determination as to where the child will go.
4. Questions regarding parental custody are the responsibility of CWS/ER.  While we should assist them in uncovering information useful in making a custody determination, the final decision is up to the CWS/ER worker.  For example, whether there is a responsible non-legal guardian adult available for release, would be the decision of the CWS/ER.