Policy Text
Policy Delano Police Department
338 Delano PD Policy Manual
Child and Dependent Adult Safety
338.1 PURPOSE AND SCOPE
This policy provides guidelines to ensure that children and dependent adults are not left without
appropriate care in the event their caregiver or guardian is arrested or otherwise prevented from
providing care due to actions taken by members of this department (Penal Code § 833.2(a)).
This policy does not address the actions to be taken during the course of a child abuse or
dependent adult investigation. These are covered in the Child Abuse and Adult Abuse policies.
338.2 POLICY
It is the policy of this department to mitigate, to the extent reasonably possible, the stressful
experience individuals may have when their parent or caregiver is arrested. The Delano Police
Department will endeavor to create a strong, cooperative relationship with local, state and
community-based social services to ensure an effective, collaborative response that addresses
the needs of those affected, including call-out availability and follow-up responsibilities.
338.3 PROCEDURES DURING AN ARREST
When encountering an arrest or prolonged detention situation, officers should make reasonable
attempts to determine if the arrestee is responsible for children or dependent adults. In some
cases this may be obvious, such as when children or dependent adults are present. However,
officers should inquire if the arrestee has caregiver responsibilities for any children or dependent
adults who are without appropriate supervision. The following steps should be taken (Penal Code
§ 13517.7(b)(1)):
(a) Inquire about and confirm the location of any children or dependent adults.
(b) Look for evidence of children and dependent adults. Officers should be mindful that
some arrestees may conceal the fact that they have a dependent for fear the individual
may be taken from them.
(c) Consider inquiring of witnesses, neighbors, friends and relatives of the arrestee as to
whether the person is responsible for a child or dependent adult.
Whenever reasonably possible, officers should take reasonable steps to accomplish the arrest of
a parent, guardian or caregiver out of the presence of his/her child or dependent adult. Removing
children or dependent adults from the scene in advance of the arrest will generally ensure the
best outcome for the individual.
Whenever it is safe to do so, officers should allow the parent or caregiver to assure children or
dependent adults that they will be provided care. If this is not safe or if the demeanor of the parent
or caregiver suggests this conversation would be non-productive, the officer at the scene should
explain the reason for the arrest in age-appropriate language and offer reassurance to the child
or dependent adult that he/she will receive appropriate care.
Copyright Lexipol, LLC 2019/12/06, All Rights Reserved. Child and Dependent Adult Safety - 1
Published with permission by Delano Police Department