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      CHC 735     

  

Art. 735.  Taking child into custody with a court order

A.  The court may issue an order directing that a child be taken into custody upon presentation to the court of a written verified complaint by a peace officer, probation officer, district attorney, or other person designated by the court alleging facts showing that there are reasonable grounds to believe that the child's family is in need of services and that the child's conduct or surroundings are such as to endanger his welfare and that immediate removal appears to be necessary for his protection or control.

B.  In exceptional cases, the facts supporting the issuance of this order may be relayed telephonically or orally to the judge and his order directing that a child be taken into custody may be issued orally.  In such cases, the requirements of Article 734(B) and (C) must be followed.

C.  An order directing that a child be taken into custody may be executed by a peace officer or probation officer having territorial jurisdiction over the child.

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

Acts 1991, No. 235, §7; Acts 1995, No. 1095, §3; Acts 1999, No. 1313, §1.



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