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8-206 - Transfer of Child Custody When a Parent is Arrested for a Crime Unrelated to Child Abuse and Neglect

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Home/Policies/Volume Eight - Minors - Policies and Procedures / Chapter 200 - Minors Specific Call Procedures /Transfer of Child Custody When a Parent is Arrested for a Crime Unrelated to Child Abuse and Neglect
8-205 - Health and Welfare Holds for Juveniles
8-207 - Lost and Abandoned Children

8-206 - Transfer of Child Custody When a Parent is Arrested for a Crime Unrelated to Child Abuse and Neglect

  • Summary: Outlines protocols for transferring custody of a child when a parent is arrested.
  • Effective Date: 10-10-2022
  • See other versions

Policy

  1. Any parent or legal guardian being arrested has the option to designate a caregiver for their child(ren) while they are in custody except in those cases where juveniles are found in surroundings or conditions that endanger their health or welfare. If a caregiver is identified, officers shall allow a reasonable amount of time to conduct a temporary custody transfer of the child(ren). Officers are not required to transport the child(ren) to another location.
  1. Officers shall complete the MPD Transfer of Child Custody form (MP-9048) and identify the child(ren) and caregiver in the corresponding Police Report. Copies of the Transfer of Child Custody form shall be distributed as indicated on the form.
  2. If the parent or legal guardian does not designate a caregiver, officers will complete a Health and Welfare Hold. Officers shall complete a 72-Hour Hold and indicate on that form that the child(ren) can be released to the parents or other suitable person. Officers will also indicate that the transfer was declined on the MPD Transfer of Custody form. Copies of the 72-Hour Hold and the MPD Temporary Transfer of Custody form shall be distributed as indicated on the forms.
  3. Officers may refuse to transfer custody of the child(ren) to the caregiver if there are articulable circumstances which may place the child(ren) at risk. Officers shall document these circumstances in the corresponding Police Report.
 

Definitions

Refer to the Commonly Used Terms page for general definitions.

  • Juvenile: An individual who is under the age of eighteen (18) years.
  • Parent/Legal Guardian: "Parent" means the birth or adoptive mother or father of a child and does not apply to a person whose parental rights have been terminated in relation to the child. A legal "guardian" is a person who has been appointed by a judge or social services agency, to take care of a minor child (to include foster parents).
  • Police Report: A report or statement in a report that sets forth the officer's account of an incident and is entered into the MPD's Records Management System.
8-205 - Health and Welfare Holds for Juveniles
8-207 - Lost and Abandoned Children

Revision Types and Descriptions

  • New: Policy had been added.
  • Combined: Two or more policies were merged.
  • Definitions Update: A glossary definition was updated.
  • Terms Update: A term, not necessarily tied to the glossary, was updated in the Manual.
  • Edited - Major: Significant content or procedural changes.
  • Edited - Minor: Small edits, clarifications, or formatting changes.
  • Renamed: Policy title changed.
  • Renumbered: Policy number was changed.
  • Split: Single policy was divided into multiple.
  • Eliminated: Policy was removed and is no longer in effect.
  • PRH Implementation: Edits for the Policy and Resource Hub; no content changes.