Policy Text
Field Services Page 1 of 3 07/09 (REV 6/10)
Neglected or Dependent Children
The purpose of this Order is to e stablish a uniform procedure i n handling minors per
Section 300 and 305 of the Welf are and Institutions Code.
I. General
Deputies may place children into protective custody, without a warrant, in
accordance with State and Federal law. Examples include the fo llowing
circumstances:
A. Serious Physical or Sexual Ha rm Caused by Parent Action - Deputies
may place children into protect ive custody who have recently su ffered
serious physical or sexual harm , or will imminently suffer seri ous physical
or sexual harm, inflicted non-a ccidentally by the child's paren t or guardian.
If serious physical or serious s exual harm is not imminent in t he time
necessary for Child Protective Services (CPS) to obtain a warra nt then
deputies should contact CPS so th ey can assess their need to ob tain a
protective custody warrant.
B. Serious Physical or Sexual Ha rm Caused by Parent Inaction -
Deputies may place children into protective custody who have re cently
suffered serious physical or sex ual harm, or will imminently su ffer serious
physical or sexual harm, as a re sult of the failure or inabilit y of the parent
or guardian to adequately supervi se or protect the child. If s erious
physical or serious sexual harm is not imminent in the time nec essary for
CPS to obtain a warrant then deput ies should contact CPS so the y can
assess their need to obtain a pr otective custody warrant.
C. Necessary Medical Care When No Parent is Available - Deputies may
place children into protective custody who need emergency medic al
treatment and no parent or guardian is available or when the ch ild is found
in any street or public place su ffering from any sickness or in jury that
requires care, medical treatment , hospitalization, or other rem edial care.
D. Serious Abuse Caused by Non-Parent - Deputies may place children
into protective custody when the child is under the age of five years and
has suffered severe physical a buse by a parent or guardian, or by any
person known by the parent or gu ardian, if the parent knew or s hould have
known about the abuse. If continued severe physical abuse is n ot
imminent in the time n ecessary for CPS to obtain a warrant, the n deputies
should contact CPS so they can a ssess their need to obtain a pr otective
Field Services Page 2 of 3 07/09 (REV 6/10) custody warrant.
E. No One to Care for Child - Deputies may place children into protective
custody when the child has been left without any provision for support, the
parent or guardian has been incarcerated or i nstitutionalized a nd cannot
arrange for the care of the child , or a relative or other custo dian with whom
the child resides or has been le ft is unwilling to provide care or support.
F. Dependant of the Court - Deputies may place children into protective
custody when the child is a dependan t child of the juvenile cou rt and the
officer has reasonable cause for believing that the minor has v iolated an
order of the juvenile court or has left any placement ordered b y the
juvenile court.
II. Transportation
A. When placing a juvenile into protective custody, officers ma y call Child
Protective Service’s (CPS) Depe ndent Intake or CPS’s 24-hour ho tline to
request juvenile transportation by a Family Service Worker. In the event a
Family Service Worker is unavai lable, officers should transport the juvenile
to the Children’s Receiving Home.
1. If the child to be transport ed is under six (6) years of age or under
60 pounds, a State approv ed child restraint seat must be used t o
secure the child.
2. If no State approved restrain t seat is available at the scen e where
the child was taken into cust ody, one can be obtained from a fi eld
supervisor.
III. Medical Examination
A. A medical clearance examinat ion for children under six (6) y ears of age
will be the responsibility of Ch ild Protective Services (CPS) a nd conducted
in accordance with CPS policy. This does not remove the invest igating
officer’s responsibility to seek medical care for a child in ne ed of urgent or
life saving medical care.
1. If the child appears sick or has non-urgent health condition , an
advisement to the responding CPS transportation worker should b e
made.
2. If there are any questions in regards to the need of an evid entiary
exam, officers should contact th e on-call child abuse superviso r or
detective for advice.
IV. Reports
A. Officers shall complete a Cri me Report in all cases where ch ild abuse,
neglect or abandonment is alleged to have occurred, and an unfo unded
Field Services Page 3 of 3 07/09 (REV 6/10) disposition can not be articulated.
B. Officers shall complete a Pro tective Custody form in all cas es where a
child has been placed into protective custody.
1. Whenever possible, officers shoul d attempt to obtain a Medic al
Release form from the juvenile ’s parent or legal guardian.
2. The Crime Report num ber should be