Title 15, Chapter 11, Section 45
( 15-11-45)
(a) A child may be taken into custody: (1) Pursuant to an order of the court under this article, including an order to an employee of the Department of Juvenile Justice designated in accordance with paragraph (2) of subsection (i) of Code Section 49-4A-8 or to an employee of the Department of Corrections, to apprehend a child who has escaped from an institution or facility operated either by the Department of Juvenile Justice or the Department of Corrections or a child who has been placed under supervision and who has broken the conditions thereof; (2) Pursuant to the laws of arrest; (3) By a law enforcement officer or duly authorized officer of the
court if there are reasonable grounds to believe that the child
has committed a delinquent act or if there are reasonable grounds
to believe that he or she is an unruly child; (4) By a law enforcement officer or duly authorized officer of the
court if there are reasonable grounds to believe that the child is
suffering from illness or injury or is in immediate danger from
his or her surroundings and that his or her removal is necessary; (5) By a law enforcement officer or duly authorized officer of the
court if there are reasonable grounds to believe that the child
has run away from his or her parents, guardian, or other
custodian; (6) By a law enforcement officer or duly authorized officer of the court if a parent or guardian of a child has contacted a law enforcement agency and reported that the child is absent from parental custody without consent and a facility created pursuant to paragraph (2) of subsection (e) of Code Section 15-11-47 is available; or (7) By a law enforcement officer or duly authorized officer of the court if a child is violating a curfew and a facility created pursuant to paragraph (2) of subsection (e) of Code Section 15-11-47 is available. (b) The taking of a child into custody is not an arrest, except for
the purpose of determining its validity under the Constitution of
this state or of the United States. (c) When a child who is taken into custody pursuant to this article
has committed an act which would constitute a felony under the laws
of this state if committed by an adult, the juvenile court, within
48 hours after it learns of the taking into custody, shall notify
the district attorney or duly authorized assistant district attorney
of the judicial circuit in which the juvenile proceedings are to be
instituted. |