2006 Code of Virginia § 16.1-247 - Duties of person taking child into custody

16.1-247. Duties of person taking child into custody.

A. A person taking a child into custody pursuant to the provisions ofsubsection A of 16.1-246, during such hours as the court is open, shall,with all practicable speed, and in accordance with the provisions of this lawand the orders of court pursuant thereto, bring the child to the judge orintake officer of the court and the judge, intake officer or arrestingofficer shall, in the most expeditious manner practicable, give notice of theaction taken, together with a statement of the reasons for taking the childinto custody, orally or in writing to the child's parent, guardian, legalcustodian or other person standing in loco parentis.

B. A person taking a child into custody pursuant to the provisions ofsubsection B, C or D of 16.1-246, during such hours as the court is open,shall, with all practicable speed, and in accordance with the provisions ofthis law and the orders of court pursuant thereto:

1. Release the child to such child's parents, guardian, custodian or othersuitable person able and willing to provide supervision and care for suchchild and issue oral counsel and warning as may be appropriate; or

2. Release the child to such child's parents, guardian, legal custodian orother person standing in loco parentis upon their promise to bring the childbefore the court when requested; or

3. If not released, bring the child to the judge or intake officer of thecourt and, in the most expeditious manner practicable, give notice of theaction taken, together with a statement of the reasons for taking the childinto custody, in writing to the judge or intake officer, and the judge,intake officer or arresting officer shall give notice of the action takenorally or in writing to the child's parent, guardian, legal custodian orother person standing in loco parentis. Nothing herein shall prevent thechild from being held for the purpose of administering a blood or breath testto determine the alcoholic content of his blood where the child has beentaken into custody pursuant to 18.2-266.

C. A person taking a child into custody pursuant to the provisions ofsubsections E and F of 16.1-246, during such hours as the court is open,shall, with all practicable speed and in accordance with the provisions ofthis law and the orders of court pursuant thereto:

1. Release the child to the institution, facility or home from which he ranaway or escaped; or

2. If not released, bring the child to the judge or intake officer of thecourt and, in the most expeditious manner practicable, give notice of theaction taken, together with a statement of the reasons for taking the childinto custody, in writing to the judge or intake officer, and the judge,intake officer or arresting officer shall give notice of the action takenorally or in writing to the institution, facility or home in which the childhad been placed and orally or in writing to the child's parent, guardian,legal custodian or other person standing in loco parentis.

D. A person taking a child into custody pursuant to the provisions ofsubsection A of 16.1-246, during such hours as the court is not open, shallwith all practicable speed and in accordance with the provisions of this lawand the orders of court pursuant thereto:

1. Release the child taken into custody pursuant to a warrant on bail orrecognizance pursuant to Chapter 9 ( 19.2-119 et seq.) of Title 19.2; or

2. Place the child in a detention home or in shelter care; or

3. Place the child in a jail subject to the provisions of 16.1-249.

E. A person taking a child into custody pursuant to the provisions ofsubsection B, C or D of 16.1-246 during such hours as the court is notopen, shall:

1. Release the child pursuant to the provisions of subdivision B 1 or B 2 ofthis section; or

2. Release the child on bail or recognizance pursuant to Chapter 9 of Title19.2; or

3. Place the child taken into custody pursuant to subsection B of 16.1-246in shelter care after the issuance of a detention order pursuant to 16.1-255; or

4. Place the child taken into custody pursuant to subsection C or D of 16.1-246 in shelter care or in a detention home after the issuance of awarrant by a magistrate; or

5. Place the child in a jail subject to the provisions of 16.1-249 afterthe issuance of a warrant by a magistrate or after the issuance of adetention order pursuant to 16.1-255; or

6. In addition to any other provisions of this subsection, detain the childfor a reasonably necessary period of time in order to administer a breath orblood test to determine the alcohol content of his blood, if such child wastaken into custody pursuant to 18.2-266.

F. A person taking a child into custody pursuant to the provisions ofsubsection E of 16.1-246, during such hours as the court is not open, shall:

1. Release the child to the institution or facility from which he ran away orescaped; or

2. Detain the child in a detention home or in a jail subject to theprovisions of 16.1-249 after the issuance of a warrant by a magistrate orafter the issuance of a detention order pursuant to 16.1-255.

G. A person taking a child into custody pursuant to the provisions ofsubsection F of 16.1-246, during such hours as the court is not open, shall:

1. Release the child to the facility or home from which he ran away; or

2. Detain the child in shelter care after the issuance of a detention orderpursuant to 16.1-255 or after the issuance of a warrant by a magistrate.

H. If a parent, guardian or other custodian fails, when requested, to bringthe child before the court as provided in subdivisions B 2 and E 1 hereof,the court may issue a detention order directing that the child be taken intocustody and be brought before the court.

I. A law-enforcement officer taking a child into custody pursuant to theprovisions of subsection G of 16.1-246 shall notify the intake officer ofthe juvenile court of the action taken. The intake officer shall determine ifthe child's conduct or situation is within the jurisdiction of the court andif a petition should be filed on behalf of the child. If the intake officerdetermines that a petition should not be filed, the law-enforcement officershall as soon as practicable:

1. Return the child to his home;

2. Release the child to such child's parents, guardian, legal custodian orother person standing in loco parentis;

3. Place the child in shelter care for a period not longer than 24 hoursafter the issuance of a detention order pursuant to 16.1-255; or

4. Release the child.

During the period of detention authorized by this subsection no child shallbe confined in any detention home, jail or other facility for the detentionof adults.

J. If a child is taken into custody pursuant to the provisions of subsectionB, F or G of 16.1-246 by a law-enforcement officer during such hours as thecourt is not in session and the child is not released or transferred to afacility or institution in accordance with subsection E, G, or I of thissection, the child shall be held in custody only so long as is reasonablynecessary to complete identification, investigation and processing. The childshall be held under visual supervision in a nonlocked, multipurpose areawhich is not designated for residential use. The child shall not behandcuffed or otherwise secured to a stationary object.

(Code 1950, 16.1-197; 1956, c. 550; 1958, c. 344; 1973, c. 440; 1974, c.584; 1975, c. 248; 1977, c. 559; 1978, c. 643; 1979, c. 701; 1984, c. 567;1992, cc. 728, 830; 2004, cc. 415, 439.)