| Minn. Stat. § 260C.175
Minnesota
Statutes
Public Welfare and Related Activities (Ch. 245-267)
Chapter
260C. Child Protection
Detention
260C.175. Taking child
into custody
Subdivision
1. Immediate custody.
No child may be taken into immediate custody except:
(a)
with an order issued by the court in accordance with the provisions of
section 260C.151, subdivision 6, or Laws 1997, chapter 239, article 10,
section 10, paragraph (a), clause (3), or 12, paragraph (a), clause (3),
or by a warrant issued in accordance with the provisions of section 260C.154;
(b)
by a peace officer:
(1)
when a child has run away from a parent, guardian, or custodian, or when
the peace officer reasonably believes the child has run away from a parent,
guardian, or custodian; or
(2)
when a child is found in surroundings or conditions which endanger the
child's health or welfare or which such peace officer reasonably believes
will endanger the child's health or welfare. If an Indian child is a resident
of a reservation or is domiciled on a reservation but temporarily located
off the reservation, the taking of the child into custody under this clause
shall be consistent with the Indian Child Welfare Act of 1978, United
States Code, title 25, section 1922;
(c)
by a peace officer or probation or parole officer when it is reasonably
believed that the child has violated the terms of probation, parole, or
other field supervision; or
(d)
by a peace officer or probation officer under section 260C.143, subdivision
1 or 4.
Subd.
2. Notice to parent or custodian.
Whenever a peace officer takes a child into custody for shelter care or
relative placement pursuant to subdivision 1, section 260C.151, subdivision
5, or section 260C.154, the officer shall notify the parent or custodian
that under section 260C.181, subdivision 2, the parent or custodian may
request that the child be placed with a relative or a designated caregiver
under chapter 257A instead of in a shelter care facility. The officer
also shall give the parent or custodian of the child a list of names,
addresses, and telephone numbers of social services agencies that offer
child welfare services. If the parent or custodian was not present when
the child was removed from the residence, the list shall be left with
an adult on the premises or left in a conspicuous place on the premises
if no adult is present. If the officer has reason to believe the parent
or custodian is not able to read and understand English, the officer must
provide a list that is written in the language of the parent or custodian.
The list shall be prepared by the commissioner of human services. The
commissioner shall prepare lists
for each county and provide each county with copies of the list without
charge. The list shall be reviewed annually by the commissioner and updated
if it is no longer accurate. Neither the commissioner nor any peace officer
or the officer's employer shall be liable to any person for mistakes or
omissions in the list. The list does not constitute a promise that any
agency listed will in fact assist the parent or custodian.
Subd.
3. Protective pat-down search of child authorized.
(a) A peace officer who takes a child of any age or gender into custody
under the provisions of this section is authorized to perform a protective
pat-down search of the child in order to protect the officer's safety.
(b)
A peace officer also may perform a protective pat-down search of a child
in order to protect the officer's safety in circumstances where the officer
does not intend to take the child into custody, if this section authorizes
the officer to take the child into custody.
(c)
Evidence discovered in the course of a lawful search under this section
is admissible.
CREDIT(S)
Laws 1999, c. 139, art.
3, § 17. Amended by Laws 2003, c. 2, art. 1, § 27.
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