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Statutes Text

Article - Courts and Judicial Proceedings




§3–8A–14.

    (a)    A child may be taken into custody under this subtitle by any of the following methods:

        (1)    Pursuant to an order of the court;

        (2)    By a law enforcement officer pursuant to the law of arrest;

        (3)    By a law enforcement officer or other person authorized by the court if the officer or other person has reasonable grounds to believe that the child is in immediate danger from the child’s surroundings and that the child’s removal is necessary for the child’s protection;

        (4)    By a law enforcement officer or other person authorized by the court if the officer or other person has reasonable grounds to believe that the child has run away from the child’s parents, guardian, or legal custodian; or

        (5)    In accordance with § 3–8A–14.1 of this subtitle.

    (b)    If a law enforcement officer takes a child into custody, the officer shall immediately notify, or cause to be notified, the child’s parents, guardian, or custodian of the action. After making every reasonable effort to give notice, the law enforcement officer shall with all reasonable speed:

        (1)    Release the child to the child’s parents, guardian, or custodian or to any other person designated by the court, upon their written promise to bring the child before the court when requested by the court, and such security for the child’s appearance as the court may reasonably require, unless the child’s placement in detention or shelter care is permitted and appears required by § 3–8A–15 of this subtitle; or

        (2)    Deliver the child to the court or a place of detention or shelter care designated by the court.

    (c)    If a parent, guardian, or custodian fails to bring the child before the court when requested, the court may issue a writ of attachment directing that the child be taken into custody and brought before the court. The court may proceed against the parent, guardian, or custodian for contempt.

    (d)    In addition to the requirements for reporting child abuse and neglect under § 5–704 of the Family Law Article, if a law enforcement officer has reason to believe that a child who has been detained is a victim of sex trafficking, as defined in § 5–701 of the Family Law Article, the law enforcement officer shall notify any appropriate regional navigator, as defined in § 5–704.4 of the Family Law Article, for the jurisdiction where the child was taken into custody or where the child is a resident that the child is a suspected victim of sex trafficking.