1.    A child may be taken into custody:

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Terms Used In North Dakota Code 27-20.4-05

  • Arrest: Taking physical custody of a person by lawful authority.
  • United States: includes the District of Columbia and the territories. See North Dakota Code 1-01-49

a.    Pursuant to a pick up and hold order or other order of the court under this chapter; b.    Pursuant to the laws of arrest and as authorized after scoring of the detention screening tool; or

c.    For preadjudicatory supervision in attendant care, shelter care, certified shelter care, or detention.

2.    The taking of a child into custody is not an arrest, except for the purpose of determining the validity of the arrest under the Constitution of North Dakota or the United States Constitution.

3.    A law enforcement officer shall transport a child if necessary as determined by the court.