Statutes | Menominee Tribal Code Part II Chapter 278 Article III ยง 278-51 | 2020
A.
A juvenile may be temporarily taken into protective custody:
(1)
By a law enforcement officer or the Department when they have reasonable grounds to believe that the juvenile has run away from his/her parent(s), guardian(s) or caretaker(s) or
(2)
By a law enforcement officer or the Department when they have reasonable grounds to believe that the juvenile has run away from school and school is still in session or
(3)
By law enforcement officer or the Department if there exists reasonable grounds to believe that the juvenile requires immediate care or medical attention or has been abandoned or is in immediate danger from his/her surroundings and removal from those surroundings is necessary or
(4)
By law enforcement officer or the Department if there exists reasonable grounds to believe the juvenile is a danger to himself/herself and/or to others or
(5)
Pursuant to an order of the Court issued due to a parent(s), guardian(s) or caretaker(s) failure when requested to bring the juvenile before the Court after having promised to do so at the time the juvenile was released from detainment. In addition, the parent(s), guardian(s) or caretaker(s) can be cited for contempt of Court for failing to comply with the order of the Court.
B.
Protective custody of a juvenile pursuant to this section without a Court order shall not exceed 72 hours, excluding Saturdays, Sundays and Court holidays, except for § 278-51A(2), where protective custody of the juvenile shall last only as long as is reasonably necessary to return the juvenile to school and school is still in session.
C.
Taking into custody is not an arrest except for the purpose of determining whether the taking into custody or the obtaining of evidence is lawful.