CHAPTER 4.  PREADJUDICATION CUSTODY AND

RELEASE OF CHILDREN

Art. 733.  Instanter orders of custody

A.  A peace officer, probation officer, district attorney, or other person designated by the court may file a verified complaint alleging facts showing that there are reasonable grounds to believe that the family is in need of services and that emergency removal of the child from his home is necessary to secure the child's protection or control.

B.  If the court determines that the child's welfare cannot be safeguarded without removal, the court may issue an instanter order directing that the child be taken into custody.

C.  The order shall specify the place of the child's prehearing placement in accordance with Article 737.

D.  An instanter order may be executed by any peace officer having territorial jurisdiction over the child or any other person designated by the court.

E.  Any peace officer having territorial jurisdiction over the child or any other person designated by the court may serve a summons upon a caretaker to appear at court for a hearing.  A copy of the summons shall be filed in the record as proof of service.

Acts 1991, No. 235, §7; Acts 1999, No. 1313, §1.