§ 40-11-5 - Protective custody by physician or law enforcement officer.
SECTION 40-11-5
§ 40-11-5 Protective custody by physicianor law enforcement officer. – (a) Any physician or duly certified registered nurse practitioner treating achild who has suffered physical injury that appears to have been caused byother than accidental means, or a child suffering from malnutrition or sexualmolestation, shall have the right to keep the child in the custody of ahospital or any licensed child care center or facility for no longer thanseventy-two (72) hours, with or without the consent of the child's parents orguardian, pending the filing of an ex-parte petition to the family court. Theexpense for that temporary care shall be paid by the parents or legal guardianof the child or, if they are unable to pay, by the department.
(b) Any police or law enforcement officer may take a childinto protective custody without the consent of the parents, or othersexercising control over the child.
(c) If the officer has reasonable cause to believe that thereexists an imminent danger to the child's life or health, unless he or she istaken into protective custody, the officer shall immediately notify and placethe child with the director of the department of children, youth, and familiesor his or her designated agent who shall care for the child; provided, however,that no child may be detained in protective custody longer than forty-eight(48) hours without the express approval of a justice of the family court.
(d) Any child protective investigator or social caseworker IIemployed by the department, may take a child into temporary protective custodywithout the consent of his or her parent or other person responsible for thewelfare of the child, if the investigator or social caseworker II hasreasonable cause to believe that the child or his or her sibling has beenabused and/or neglected and that continued care of the child by his or herparent or other person responsible for the child's welfare will result inimminent further harm to the child. The investigator or social caseworker IIshall have the child examined by a licensed physician or duly certifiedregistered nurse practitioner within twenty-four (24) hours in accordance withthe provisions of § 40-11-6(c); and, provide further, that the child shallnot be detained in protective custody longer than forty-eight (48) hourswithout the expressed approval of a justice of the family court.