Statutes | Cherokee Code Chapter 7B Article 5 ยง 7B-501 | 2019
(a)
A person who takes a child into custody without a Court order under C.C. section 7B-500 or 7B-500.1 shall proceed as follows:
(1)
Notify the childs parent, guardian, custodian, or caretaker that the child has been taken into temporary emergency custody and advise the parent, guardian, custodian, or caretaker of the right to be present with the child until a determination is made as to the need for a child custody order. Failure to notify the parent that the child is in custody shall not be grounds for release of the child.
(2)
Release the child to the childs parent, guardian, custodian, or caretaker if the person having the child in temporary emergency custody decides that continued custody is unnecessary.
(3)
The person having temporary emergency custody shall communicate with the director of the department of human services who shall consider prehearing diversion. If the decision is made to file a petition, the director shall contact the judge or person delegated authority pursuant to C.C. § 7B-502 for a determination of the need for continued custody.
(b)
A child taken into temporary custody under this article shall not be held for more than 12 hours, or for more than 24 hours if any of the 12 hours falls on a Saturday, Sunday, or legal holiday, unless:
(1)
A petition or motion for review has been filed by the director of the department of human services, and
(2)
An order for child protective custody has been entered by the Court.
(Ord. No. 524 , 7-17-2015)