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      CHC 813     


Art. 813.  Taking child into custody with a court order; filing of verified complaint; execution

A.  The court may issue an order directing that a child be taken into custody upon presentation to the court of a written statement of facts sworn to before an officer authorized by law to administer oaths, by a peace officer, probation officer, district attorney, or other person designated by the court alleging facts showing that there is probable cause to believe either that:

(1)  The child has committed a delinquent act.

(2)  The child has violated the terms of his probation or otherwise has violated the terms of his release.

B.  The verified complaint shall be filed with the clerk of court.  If it is filed after the child has been taken into custody, the complaint shall indicate whether the child was released to his parents or continued in custody.

C.  An order directing that a child be taken into custody may be executed by a peace officer or the child's probation officer having territorial jurisdiction over the child.  The officer shall promptly notify the child's parents that their child has been taken into custody.  The officer shall also promptly conduct the child to the appropriate facility in accordance with Article 815.

Acts 1991, No. 235, §8, eff. Jan. 1, 1992; Acts 1995, No. 1158, §1.

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