§ 17. Children in court custody.  


Latest version.
  • Whenever a child is taken into custody, unless it is impracticable or inadvisable or has been otherwise ordered by the court, he may be released to the custody of a parent, guardian or custodian, upon the written promise of such parent, guardian or custodian to bring the child to the court at the time fixed. If such person shall fail to produce the child as agreed or upon notice from the court, a summons or a warrant may be issued for the apprehension of such person or of the child. If not so released, such child shall be taken immediately to the court or the place of detention designated by the court. Pending further disposition of the case, a child whose custody has been assumed by the court may be released to the custody of a parent or other persons appointed by the court, or be detained in such place as shall be directed by the court, subject to further orders.

    Nothing in this Act shall be construed as forbidding any peace officer from immediately taking into custody any child who is found violating any law or ordinance. In every case the officer taking the child into custody shall immediately bring into the court said child, making proper charge against him, and relinquishing custody to the court, and the case shall then be proceeded with as provided in this Act.

    No child shall be confined in any police station, prison or jail, or be transported or detained in association with criminal, vicious or dissolute persons; except that a child fifteen (15) years of age or older whose conduct or condition is such as to endanger his safety or welfare or that of others in the detention facilities for children may, with the consent of the judge or chief probation officer, be placed in a jail or other place of detention for adults, but in a room or ward entirely separate from adults.

    Neither the fingerprints nor a photograph shall be taken of any child taken into custody for any purpose, without the consent of the judge.