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630.040 Duties of person taking child into custody.
Any person taking a child into custody, with all reasonable speed, shall in this
sequence:
(1) Deliver the child suffering from a physical condition or illness which requires
prompt medical treatment to a medical facility or physician. Children suspected
of having a mental or emotional illness shall be evaluated in accordance with
the provisions of KRS Chapter 645;
(2) Contact a court designated worker who shall have the responsibility for
determining appropriate placement pursuant to KRS 610.200(5);
(3) If the court designated worker determines that the placements designated in
KRS 610.200(5) and subsection (1) of this section have been exhausted or are
not appropriate, a child may be delivered to a secure juvenile detention facility,
a juvenile holding facility, or a nonsecure setting approved by the Department
of Juvenile Justice pending the detention hearing;
(4) When the child has not been released to his parents or person exercising
custodial control or supervision, the person taking the child into custody shall
make a reasonable effort promptly to give oral notice to the parent or person
exercising custodial control or supervision of the child;
(5) In all instances the peace officer taking a child into custody shall provide a
written statement to the court designated worker of the reasons for taking the
child into custody;
(6) If the child is placed in an emergency shelter or medical facility, during the
adjudication and disposition of his case, the court may order his parents to be
responsible for the expense of his care; and
(7) The peace officer taking the child into custody shall within three (3) hours of
taking a child into custody file a complaint with the court, stating the basis for
taking the child into custody and the reason why the child was not released to
the parent or other adult exercising custodial control or supervision of the child,
relative or other responsible adult, a court designated agency, an emergency
shelter or medical facility. Pending further disposition of the case, the court or
the court designated worker may release the child to the custody of any
responsible adult who can provide adequate care and supervision.
Effective:July 14, 2000
History: Amended 2000 Ky. Acts ch. 193, sec. 10, effective July 14, 2000. -Amended 1988 Ky. Acts ch. 350, sec. 82, effective April 10, 1988. -- Created
1986 Ky. Acts ch. 423, sec. 112, effective July 1, 1987.
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