GO 540.0120Protective Custody

SACRAMENTO POLICE DEPARTMENT GENERAL ORDERS GO 540.01 Page 1 of 3 540.01 PROTECTIVE CUSTODY 02-02-2024 PURPOSE The purpose of this order is to establish procedures to ensure the safety and welfare of minors when there is a need to place a minor into protective custody. POLICY It shall be the policy of the Sacramento Police Department to ensure the safety and welfare of minors. PROCEDURE A. GENERAL 1. When officers place an adult under arrest, officers shall be responsible for the safety and welfare of any minors present with the arrested adult, unless there is another parent present who is not also under arrest . 2. If safe to do so and consistent with this order, officers sh ould release minor(s) to responsible adults designated by the parent(s) or legal guardian(s) ( parent or legal guardian will hereinafter be referred to as “parent” for the purposes of this General Order ). 3. Before releasing the minor to the adult designated by the parent(s), officers shall assess the adult’s ability to care for the minor and any safet y hazards that exist at the designee’s home. 4. When a minor is released to a parent’s designee, the officer shall : a. Request that the parent relinquish custody of the minor by signing a Child Release Authorization Form (SPD 152). b. Request that the person accepting custody of the minor sign form SPD 152. 5. If the parent or person accepting custody of the child will not sign form SPD 152 , the minor shall be placed into protective custody. 6. When an officer places a minor into protective custody, the officer shall com plete the Department of Health and Human Services Protective Custody Report (CS 673) and forward the original copy to the Records Division. The remaining copies shall be left with the Child Protective Services (CPS) employee . 7. When placing a child into protective custody, officers shall ensure that either an i nformation report or a g eneral offense report are completed with the report CS 673. 8. When CPS requests that a child be placed into protective custody, officers shall follow the procedures outlined in this order. B. INJURY 1. When an adult is involved in an incident that results in their hospitalization, officers shall : a. Ensure that any minors(s) present are properly supervised. b. Release any minor(s) to the non -hospitalized parent, if applicable. c. If both parents are hospitalized and unable to care for their children, the officer shall release the minor(s) to a responsible adult after that person signs the custody acceptance portion of form SPD 152. d. If both parents cannot or will not name a designee, the officer shall place the minor(s) into protective custody. C. ARREST 1. When a minor is present upon the arrest of an adult and the child has not been designated as the victim of a crime, the minor shall be placed with the other parent , or with a responsible party designated by the arrested parent who is deemed suitable by the officer to care for the minor. Form SPD 152 shall be completed prior to placement . SACRAMENTO POLICE DEPARTMENT GENERAL ORDERS GO 540.01 Page 2 of 3 2. When one parent is arrested for a crime involving the other parent or minor chil dren as victims, the minor children shall be released to the other parent if hospitalization is not required by any victim. a. Prior to release, an investigation must reveal that the parent receiving custody is uninvolved in the crime and is suitable to care for the minor(s). b. If the minor child or other parent requires medical treatment, it may be necessary to place the child into protective custody. 3. When both parents are arrested for a crime and the children are the victims, the minor(s) shall be placed into protective custody. a. If one or both parents are cited and released pursuant to 853.6 PC , officers may exercise their discretion to release a minor back to one or both parents . When confronted with this situation an officer shall consider the type of crime the parent(s) are charged with , the criminal history of the parent (s), the likelihood of future harm to the child, along with any other relevant considerations. Under these c ircumstances , an officer shall receive Watch Commander approval prior to releasing the child to the parent (s). D. PROTECTIVE CUSTODY 1. A minor shall be placed into protective custody if the officer has reasonable suspicion that the minor has met the criteria of Welfare and Institutions Code § 300 AND the officer has obtained either parental consent, a warrant or court order issued by a judge , or exigent circumstances exist (as described in Welfare and Institutions Code § 305 below ). a. When the officer has reasonable cause to believe that the minor fits the criteria for Welfare and Institutions Code § 300 AND that the minor has an immediate need for medical care or is in immediate danger of physical or sexual abuse, or the physical environment or the fact that the child is left unattended poses an immediate threat to the child’s safety or health. b. When the child is in the hospital and the release of the minor to a parent poses an immediate danger to the minor’s health and safety. c. When the child is a dependent of the Juvenile Court or an order has been made concerning the child under Welfare and Institutions Code § 319 AND when the officer has reasonable cause for believing that the minor has violated an order