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Topic: Protective custody


  
  M.G.L. - Chapter 111b, Section 8
Any person presumed intoxicated and to be held in protective custody at a police station shall, immediately after such presumption, have the right and be informed of said right to make one phone call at his own expense and on his own behalf.
The parent or guardian of any person, under the age of eighteen, to be held in protective custody at a police station shall be notified forthwith upon his arrival at said station or as soon as possible thereafter.
A person assisted to a facility or held in protective custody by the police pursuant to the provisions of this section, shall not be considered to have been arrested or to have been charged with any crime.
www.mass.gov /legis/laws/mgl/111b-8.htm   (546 words)

  
  REPORTS OF CHILD ABUSE AND NEGLECT
If temporary protective custody must be taken, even though attempts have been made to prevent or eliminate the need for removal of the child, or unless such services, if provided, would not prevent or eliminate the need for removal, the investigative worker shall document the reasons for removing the child.
Child protection investigators are to advise hospitals that if the hospital keeps babies beyond the medically needed days allowed by the Department of Public Aid, the Department of Children and Family Services will not pay for the extra days of care unless the investigator takes the child into temporary protective custody.
Protective custody should be allowed to lapse only after the investigative worker has completed a CFS 1440, Family Assessment Factor Worksheet and CFS 1441, Safety Determination Form, and determined, with supervisory approval, that there is not sufficient risk to the child to justify protective custody.
www.prairienet.org /dcfs-project/randp/p300/p300120.html   (3079 words)

  
 Boston.com / News / Local / Protective custody units often see volatile inmate mixes
But in reality, the state's two special protective custody units house a sometimes dangerous mix of criminals, from jailhouse snitches to former gang members to mentally ill inmates convicted of notorious crimes.
Defense lawyers said yesterday that inmates in protective custody all too often are targeted for attack by violent inmates also in the protected unit.
Unlike the protective custody units in New Hampshire, where only three or four inmates are allowed to mingle at a time, all the cell doors in Geoghan's new unit open at the same time so that all the unit's inmates can talk to one another while returning their lunch trays.
www.boston.com /news/local/articles/2003/08/27/protective_custody_units_often_see_volatile_inmate_mixes   (794 words)

  
 California Protective Parents - CASE STUDIES
Born in 1988, this little girl was placed in the custody of her mother when she was five years old, seeing her violent father only in the presence of a court monitor.
She was placed in the custody of her mother, a bank vice president, and saw her father only under supervised conditions.
The court-appointed custody evaluator ignores or minimizes domestic violence and child abuse, and recommends the child be placed with the identified abuser.
www.protectiveparents.com /cases.html   (6178 words)

  
 Protective Custody Law and Legal Definition - USlegalforms.com
Protective custody is the confinement of an individual by the state to prevent them from harm from themselves or others.
A correctional facility inmate may be transferred to a protective custody unit after a finding that the inmate cannot be safely placed in the general population of any state correctional facility.
Protective custody units have numerous guards, clear sightlines from guard stations into the cells, and video cameras to help keep inmates in check.
www.uslegalforms.com /legaldefinitions/p/protective-custody.php   (297 words)

  
 Education in Protective Custody Units at the Suffolk County House of Correction   (Site not responding. Last check: 2007-10-12)
Protective custody units are important aspects of the county houses of correction.
Protective custody is a method that segregates prisoners for various reasons to protect inmates from violence while incarcerated.
Classrooms in the protective custody unit consist of a main classroom, a computer room, a drafting room, a general library, and a well-stocked law library.
www.sabes.org /resources/fieldnotes/vol14/f141scholwin.htm   (598 words)

  
 Delaware Child Custody Info   (Site not responding. Last check: 2007-10-12)
Custody is the legal responsibility for the care and control of your child (under 18).
Without a custody order, it is possible that you may not have these legal rights, even if you are the parent that takes care of the child every day.
it is necessary in an emergency to protect the child because the child, or a sibling or parent of the child, is subjected to or threatened with mistreatment or abuse.
www.womenslaw.org /DE/DE_custody.htm   (3385 words)

  
 Protective Custody :: LEGAL ISSUES :: ChildAbuseMD.com :: Child Abuse Evaluation & Treatment for Medical Providers ...
The test for taking protective custody is whether there is reasonable cause to believe that the circumstances or conditions are such that continuing in his or her place of residence or in the care and custody of the parent, guardian, custodian, or other person responsible for the child/adolescent's care presents an imminent danger.
CPS must begin a child protective proceeding in family court at the next regular weekday session of the appropriate family court, or recommend to the court at that time that the child/adolescent be returned to his/her parents or guardian.
Whenever a hospital decides to retain a child/adolescent in protective custody, it is essential to inform the child/adolescent's parent or caretaker and to immediately make an oral report to the State Central Register explicitly stating that the hospital is taking protective custody and the reasons for the action.
www.childabusemd.com /law/protective-custody.shtml   (734 words)

  
 300.80  TAKING CHILDREN INTO PROTECTIVE CUSTODY
If protective custody must be taken, even though attempts have been made to prevent or eliminate the need for removal of the child, or unless such services, if provided, would not prevent or eliminate the need for removal, the investigative worker shall document the reasons for removing the child.
Child protection investigators are to advise hospitals that if the hospital keeps babies beyond the medically needed days allowed by the Department of Public Aid, the Department of Children and Family Services will not pay for the extra days of care unless the investigator takes the child into protective custody.
Newborn children (not more than 30 days old) taken into protective custody whose life or development may be threatened by a developmental disability or a handicapping condition may need to be referred to a perinatal center for evaluation and treatment.
www.prairienet.org /dcfs-project/randp/p300/p30080.html   (3468 words)

  
 Child Protective Custody Law & Legal Definition
Child protective custody is used in the context of family law when authorities believe a child's health or welfare is in danger.
A social worker or police officer can place a child into protective custody if he or she believes immediate action is needed to protect a child from abuse or neglect.
Laws generally require a parent to receive written notice listing the date and time for a protective custody hearing which is typically required to be held within a short period, such as a few days, after a child has been placed into protective custody.
definitions.uslegal.com /c/child-protective-custody   (451 words)

  
 Section 169-C:6 Protective Custody.
Any police or juvenile probation and parole officer or other individual acting in good faith pursuant to this section, shall have immunity from any liability, civil or criminal, that might otherwise be incurred or imposed as a result of such removal or placement.
The court having jurisdiction over a child who appears to be abused or neglected, and in imminent danger may issue ex parte orders pursuant to RSA 169-C:6-a, permitting the child or the alleged perpetrator to be removed from the home at the request of the department or a law enforcement officer.
However, if the administration of a decreasing dose of the drug is required during withdrawal from the medication, the refusal may constitute grounds for taking the child into protective custody.
www.gencourt.state.nh.us /rsa/html/XII/169-C/169-C-6.htm   (307 words)

  
 922 KAR 1:230. Emergency protective services.
This administrative regulation is intended to establish guidelines that shall protect children from the danger of serious physical injury pending a temporary removal hearing by the court.
If the circumstances indicate the necessity of retaining the child in custody, the Cabinet for Health and Family Services or the law enforcement officer may request the court to issue an emergency custody order.
If the cabinet believes the child will be dependent neglected or abused if in the custody of his parent or other person exercising custodial control or supervision, the cabinet may file a dependency petition and request a temporary removal hearing be held within seventy-two (72) hours in order to protect the child.
www.lrc.state.ky.us /kar/922/001/230.htm   (293 words)

  
 3.25.090 Protective custody.   (Site not responding. Last check: 2007-10-12)
(a) When an officer finds it is necessary that an animal not subject to impoundment be taken into custody of the Animal Control Shelter to preserve the animal's or the public's health or safety, the officer may take the animal into protective custody.
(b) The Animal Control Shelter shall maintain an animal in protective custody until the animal is redeemed by its owner, or for a minimum of ten days, after which time the animal may be disposed of as an impounded animal.
(c) The owner of an animal in protective custody may redeem the animal upon demand, without paying an impoundment fee, upon payment of a boarding fee as provided in KMC 3.05.100(c)(2) or (c)(3).
www.ci.kenai.ak.us /code/html/_DATA/TITLE03/Chapter_3_25__IMPOUNDMENT_/3_25_090_Protective_custody__.html   (146 words)

  
 Trial witness Ford in protective custody - National - www.smh.com.au
A Victorian prisoner who appeared in an Indonesian court in support of accused Australian drug trafficker Schapelle Corby is now being held in protective custody because of the evidence he had given to police, a court was told today.
Ford's barrister, Nicola Gobbo, said her client had been held in custody on several charges including rape since February last year and should be granted bail even though his trial was due to start in five weeks.
She said that because of the help Ford had given to the police over the Corby case and other matters, he was now being held under strict conditions in protective custody, locked in a cell for 23 hours a day.
www.smh.com.au /news/National/Trial-witness-Ford-in-protective-custody/2005/04/07/1112815663136.html   (479 words)

  
 Relating to protective custody; amending ORS 419B.150 and 419B.185.
Relating to protective custody; amending ORS 419B.150 and 419B.185.
Eliminates authority to take child into protective custody on basis that child's condition or surroundings appear to jeopardize child's welfare.
When the court finds that no services were provided but that reasonable services would not have eliminated the need for protective custody, the court shall consider the office to have made reasonable efforts or, if the Indian Child Welfare Act applies, active efforts to prevent or eliminate the need for protective custody.
www.leg.state.or.us /01reg/measures/sb0500.dir/sb0557.intro.html   (619 words)

  
 cbs4.com - Richard Hatch Put In Protective Custody
He was taken into custody immediately because U.S. District Court Judge Ernest Torres said he posed a flight risk.
Hatch, 45, asked to be put in protective custody shortly after he was detained, his attorney, Michael Minns, said Monday.
Charles Wyant, a supervisory deputy U.S. marshal, said the reality TV star was placed in protective custody because he is a celebrity.
cbs4.com /survivor/survivor_story_101075151.html   (335 words)

  
 Divorce, child custody, child protective services, borderline personality disorder
We aim to help the falsely and wrongly accused to articulate scientific facts to child protection investigators, teachers, attorneys and judges, urging them to exercise caution in their "rush to judge" abuse calls.
Lacking the necessary education and training skills to conduct objective and competent child protective "investigations," intake workers at social service agencies remove non-abused children from their homes frequently; and in doing so, leave truly abused children in jeopardy.
In addition, our child protection laws, such as The Mondale Act and Megan's Law, have instigated and invited scores of anonymous and unfounded reports of abuse to be made.
www.abuse-excuse.com   (1797 words)

  
 deseretnews.com | 'Survivor' Richard Hatch held in protective custody
Jailed "Survivor" winner Richard Hatch is being held in protective custody apart from other inmates until his sentencing this month on tax evasion charges.
Hatch, who won $1 million in the debut season of the CBS reality series, was found guilty in January of failing to pay taxes on his winnings and other income.
Charles Wyant, a supervisory deputy U.S. marshal, said Hatch was placed in protective custody because he's a celebrity.
deseretnews.com /dn/view/0,1249,635198964,00.html   (252 words)

  
 How safe is protective custody? - By Julia Turner - Slate Magazine
The leading suspect is a fellow inmate in the center's protective custody unit.
Ideally, inmates under protective custody are housed in a stand-alone unit, with their own eating facilities, shower areas, recreation yards, and visiting rooms.
But some protective custody units are located within a general-population cell house; in these cases all of the regular inmates must typically be under lock and key before those in protective custody are ushered through to, say, the recreation yard.
www.slate.com /id/2087450   (933 words)

  
 Protective Custody or Christianity   (Site not responding. Last check: 2007-10-12)
About 150 inmates in all are in protective custody, says John Turner, spokesman for the state Department of Corrections.
Of these, he says, 19 or 20 are in the "main yard" (the area within walls), an of those 19 or 20 nearly all are in protective custody.
X said there are "all kinds" of Christian religious programs but "no Jewish activities of any kind and never have been any for men in protective custody." Jews go to Christian services just to escape the "extreme boredom…and many convert to Christianity even through the conversion may be false," he said.
www.rickross.com /reference/jewish_prisoner/jewish_prisoner6.html   (1943 words)

  
 CHILD PROTECTIVE SERVICES
Pursuant to the provisions of section 6315 (relating to taking child into protective custody) and after receipt of a court order, the county agency shall take a child into protective custody for protection from abuse.
Where the county agency finds that the placement for any temporary or permanent custody, care or treatment is for any reason inappropriate or harmful in any way to the physical or mental well-being of the child, it shall take immediate steps to remedy these conditions including petitioning the court.
It shall have sufficient staff of sufficient qualifications to fulfill the purposes of this chapter and be organized in a way as to maximize the continuity of responsibility, care and service of individual workers toward individual children and families.
members.aol.com /StatutesP5/23.Cp.63D.html   (2836 words)

  
 Utah Legislature SB0007
This bill amends child protection and protective custody provisions of the Child and
custody may be issued without first giving the child's parent or guardian notice and
depriving a parent or guardian of the care, custody, and control of their minor child, may not be
www.le.state.ut.us /~2006/bills/sbillint/sb0007.htm   (3720 words)

  
 Child Protective Custody
Identify who in the extended family can become an emotional resource and family connection for a child, and though not a placement, would be someone the child could visit and have on-going interactions with while the child is placed in foster care and also when that child ages out of foster care.
Then, the child protective services staff will outline the “bottom line” regarding safety concerns to the group to help guide them in developing their plan.
If the plans are accepted by Child Protective Services agency, then the Child Protective Services agency will submit the plan to the court and tell the court that they support the family’s plan.
www.helpstartshere.org /Default.aspx?PageID=880   (1695 words)

  
 Center for Children at Risk
(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.
www.uams.edu /childrenatrisk/legislation/protective_custody.asp   (138 words)

  
 Utah Legislature HB0295
later than 24 hours after the child was placed in protective custody.
The primary purpose of that investigation shall be protection of the child.
minor who is the subject of the petition is not in the protective custody of the division, a court may
www.le.state.ut.us /~2002/bills/hbillenr/hb0295.htm   (4273 words)

  
 Kinseylegal.com - Austin Attorey / Lawyer specializing in Divorce, Child Abuse, Child Protective Custody, Criminal ...
In cases where there has been violence between spouses, a protective order can be entered that requires the spouse at fault to stay away from the victim.
When a non-custodial parent becomes a custodial parent, it is important to make the necessary changes to your child support account with the state in order to avoid efforts by the state to collect support which they still believe is owed.
The cases of custodial parents in Texas can be handled by a private attorney or by the Office of the Attorney General.
www.kinseylegal.com /family.htm   (5111 words)

  
 Judge reprimands Windsor CAS on protective custody of young refugee Community Action - Find Articles
Justice Sharman S. Bondy of the Ontario Court of Justice said it "is nothing short of remarkable," that the society had submitted the same care plan for the young man that it submitted more than one year ago when it originally sought to make him a ward of the Crown.
He has since refused to consent to continued protective custody of the Society, which prompted CAS to apply for a summary judgement.
Although the judge dismissed the motion for ongoing protective custody he allowed the status review application of the boy to remain outstanding.
www.findarticles.com /p/articles/mi_m0LVZ/is_8_20/ai_n13717293   (422 words)

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