7-318 - Custody of Children

Requests to remove child from parent custody

Only a court of record may take a child from the custody of one or both of the child’s parents.

1. If an officer reasonably concludes that a child is in no danger, as to health and welfare, the complaining party should be advised to initiate a court action.
2. In the event of threats or actual physical violence, officers shall take whatever action is necessary to protect the child. Officers shall inform their supervisor if the actions taken included removing the child.

Visitation violations

MN Statute section 609.26 states that a person is in violation of visitation rights of a parent when that person “takes, obtains, retains, or fails to return a minor child from or to the parent in violation of a court order, where the action manifests an intent substantially to deprive that parent of rights to parenting time or custody.”

1. Officer on-scene response

1. Officers shall verify the status by checking records such as NCIC, Odyssey and paper records, if possible. If an officer cannot access the court orders, the officer shall contact the Strategic Information Center (SIC) or MECC Channel 7 for assistance in verifying the status.
2. Officers shall also check for Domestic Abuse No Contact Orders (DANCOs) and Orders for Protection (OFPs) in accordance with P&P 7-314.
3. If officers have reason to believe that the child may be transported out of the state by the non-custodial parent, immediate enforcement actions will be initiated.
4. If any transfer of custody is going to happen as a result of the visitation violation situation, including if the transfer is for health and welfare (in accordance with P&P 8-205), the officer shall notify a supervisor to respond to the scene and approve the transfer.
5. If transfer of custody is not authorized at the scene, the officer may still refer the victim to the Crimes Against Children unit.
6. Officers shall make a Police Report on visitation violations, with the code DEPCPR.

2. Supervisor response

1. Supervisors who are notified of an incident involving visitation violations shall respond to the scene.
2. The supervisor shall review and approve the transfer of custody in accordance with MN Statutes, or determine that custody should not be transferred (MN Statutes Chapter 518D, Uniform Child Custody Jurisdiction and Enforcement Act).
3. Supervisors needing assistance should contact First Response or the City Attorney’s Office for possible advice.

3. Referrals to the Hennepin County Attorney’s Office

1. Hennepin County has indicated they will review referrals for criminal charging in these situations on a case by case basis. Some of the factors they consider include, but are not limited to, the following:

• Substantial effort made to hide child
• Removal from state to deprive of custody
• Child was in custody of county

2. If any of these factors are part of the case facts, officers shall make sure they are part of the referral.

If a person who is not a parent has a court order for custodial time and there is a request or dispute regarding custody, officers shall follow the same procedures listed above as they would for a parent.

7-319Espionage or Sabotage Activities

Officers receiving any information regarding espionage or sabotage shall interview the informant and include the following information on a memorandum to the Intelligence Sharing and Analysis Center (ISAC): (07/31/07)

• Name, address and telephone number of subject
• Type of business and business address
• Make of vehicle and license number
• Any information regarding subject
• Reliability of informant
• Officer's name and assignment