Arkansas Law

§ 12-12-516. Protective custody of children.

(a)(1) A police officer, a law enforcement official, a juvenile court judge during juvenile proceedings, or a designated employee of the Department of Human Services may take a child into protective custody or any person in charge of a hospital or similar institution or any physician treating a child may keep that child in his custody without the consent of the parent or the guardian, whether or not additional medical treatment is required, if the circumstances or conditions of the child are such that continuing in his place of residence or in the care and custody of the parent, guardian, custodian, or caretaker presents an immediate danger of severe maltreatment.

    (2) However, such custody shall not exceed seventy-two (72) hours, except in the event that the expiration of seventy-two (72) hours falls on a weekend or holiday, in which case, protective custody may be extended through the next business day following the weekend or holiday.

(b) The individual taking the child into protective custody may give effective consent for medical, dental, health, and hospital services during protective custody.

(c) In any case in which protective custody is invoked the individual taking the child into protective custody shall notify the department in order that a child protective proceeding may be initiated within the time specified in this section.

(d) The department or prosecuting attorney is empowered to file petitions in the appropriate court seeking imposition of penalties for violation of this subchapter.

History. Acts 1991, No. 1208, § 10; 1999, No. 1340, § 31.