Delaware Code Title 16 Sec. 907 – Temporary emergency protective custody
(a) A police officer, nurse practitioner, or a physician who reasonably suspects that a child is in imminent danger of suffering serious physical harm or a threat to life as a result of abuse or neglect and who reasonably suspects the harm or threat to life may occur before the Family Court can issue a temporary protective custody order may take or retain temporary emergency protective custody of the child without the consent of the child’s parents, guardian, or others legally responsible for the child’s care.
Terms Used In Delaware Code Title 16 Sec. 907
- Child: means any person who has not reached that person's own eighteenth birthday. See Delaware Code Title 16 Sec. 902
- Department: means the Department of Services for Children, Youth and Their Families. See Delaware Code Title 16 Sec. 902
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Investigation: means the collection of evidence in response to a report of abuse, neglect, or risk of maltreatment of a child by a person responsible for that child's care, custody or control in order to determine if a child has been abused, neglected, or is at risk of maltreatment. See Delaware Code Title 16 Sec. 902
- Neglect: means as defined in § 901 of Title 10. See Delaware Code Title 16 Sec. 902
(b) Any person taking a child into temporary emergency protective custody under this section shall immediately notify the Department, in the county in which the child is located, of the person’s actions and make a reasonable attempt to advise the parents, guardians, or others legally responsible for the child’s care. In notifying the Department, such person shall set forth the identity of the child and the facts and circumstances which gave such person reasonable cause to believe that there was imminent danger of serious physical harm or threat to the life of the child. Upon notification that a child has been taken into temporary emergency protective custody, the Department shall immediately respond in accordance with § 906 of this title to secure the safety of the child which may include ex parte custody relief from the Family Court if appropriate.
(c) Temporary emergency protective custody for purposes of this section may not exceed 4 hours and must cease upon the Department’s response pursuant to subsection (b) of this section.
(d) For the purposes of this section, “temporary emergency protective custody” means temporary placement within a hospital, medical facility, or such other suitable placement; provided, however, that an abused or neglected child may not be detained in temporary custody in a secure detention facility.
(e) A Department investigator conducting an investigation pursuant to § 906 of this title has the same authority as that granted to a police officer, nurse practitioner, or physician in subsection (a) of this section, subject to all the same conditions as those listed in subsections (a) through (d) of this section, provided that the child in question is located at a school, day care facility, or child care facility at the time that the authority is initially exercised. In no other case may an employee of the Department exercise custody under this section.
71 Del. Laws, c. 199, § ?5; 70 Del. Laws, c. 186, § ?1; 72 Del. Laws, c. 173, § ?7; 81 Del. Laws, c. 144, § ?7; 83 Del. Laws, c. 228, § 1;