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Legislation Related to Child Maltreatment
PROTECTIVE
CUSTODY OF CHILDREN (72 HOUR HOLD)
(Ark. Code Ann. § 12-12-516)
(a)(1) A police
officer, a law enforcement official, a juvenile court judge during juvenile
proceedings, or a designated employee of the Department of Human Services may
take a child into protective custody or any person in charge of a hospital or
similar institution or any physician treating a child may keep that child in his
custody without the consent of the parent or the guardian, whether or not
additional medical treatment is required, if the child is dependent-neglected,
as defined in § 9-27-303(15), or if the circumstances
or conditions of the child are such that continuing in his or her place of
residence or in the care and custody of the parent, guardian, custodian, or
caretaker presents an immediate danger of severe maltreatment.
(2) However,
such custody shall not exceed seventy-two (72) hours,except in the event that
the expiration of seventy-two (72) hours falls on a weekend or holiday, in which
case, protective custody may be extended through the next business day following
the weekend or holiday.
(b) The
individual taking the child into protective custody may give effective consent
for medical, dental, health, and hospital services during protective custody.
(c) In any case
in which protective custody is invoked, the individual taking the child into
protective custody shall notify the department in order that a child protective
proceeding may be initiated within the time specified in this section.
(d) The
department or prosecuting attorney is empowered to file petitions in the
appropriate court seeking imposition of penalties for violation of this
subchapter.
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Center for Children at Risk
University of Arkansas for Medical Sciences
Department of Pediatrics
Arkansas Children's Hospital
800 Marshall St.
Little Rock, AR 72202
(501) 364-1013
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