1. A. Pursuant to the provisions of this section, a child may be taken into custody prior to the filing of a petition:

   1. 1. By a peace officer or employee of the court, without a court order if the officer or employee has reasonable suspicion that:

      1. a. the child is in need of immediate protection due to abuse or neglect, or
      2. b. the circumstances or surroundings of the child are such that continuation in the child’s home or in the care or custody of the parent, legal guardian, or custodian would present an imminent danger to the child; or

   2. 2. By an order of the district court issued upon the application of the office of the district attorney. The application presented by the district attorney may be supported by a sworn affidavit which may be based upon information and belief. The application shall state facts sufficient to demonstrate to the court that a continuation of the child in the home or with the caretaker of the child is contrary to the child’s welfare and there is reasonable suspicion that:

      1. a. the child is in need of immediate protection due to abandonment, abuse, or neglect, or

      2. b. the circumstances or surroundings of the child are such that continuation in the child’s home or in the care or custody of the parent, legal guardian, or custodian would present an imminent danger to the child.

         The application and order may be verbal and upon being advised by the district attorney of the verbal order, law enforcement shall act on such order. If verbal, the district attorney shall submit a written application and proposed order to the district court within one (1) judicial day from the issuance of the verbal order. Upon approval, the application and order shall be filed with the court clerk; or

   3. 3. By order of the district court when the child is in need of medical or behavioral health treatment in order to protect the health, safety, or welfare of the child and the parent, legal guardian, or custodian of the child is unwilling or unavailable to consent to such medical or behavioral health treatment or other action, the court shall specifically include in the emergency order authorization for such medical or behavioral health evaluation or treatment as it deems necessary.

2. B. When an order issued by the district court pursuant to subsection A of this section places the child in the emergency custody of the Department of Human Services pending further hearing specified by Section 1-4-203 of this title, an employee of the Department may execute such order and physically take the child into custody in the following limited circumstance:

   1. 1. The child is located in a hospital, school, or day care facility; and

   2. 2. It is believed that assumption of the custody of the child from the facility can occur without risk to the child or the employee of the Department.

      Otherwise, the order shall be executed and the child taken into custody by a peace officer or employee of the court.

3. C. The court shall not enter an emergency custody order removing a child from the home of the child unless the court makes a determination:

   1. 1. That continuation in the home of the child is contrary to the welfare of the child or that immediate placement is in the best interests of the child; and
   2. 2. Whether reasonable efforts have been made to prevent the removal of the child from the child’s home; or
   3. 3. An absence of efforts to prevent the removal of the child from the home of the child is reasonable because the removal is due to an emergency and is for the purpose of providing for the welfare of the child.

4. D. Whenever a child is taken into custody pursuant to this section:

   1. 1. The child may be taken to a children's shelter located within the county where protective or emergency custody is assumed or, if there is no children's shelter within the county, to a children's shelter designated by the court;
   2. 2. Except as otherwise provided by subsection E of this section, the child may be taken before a judge of the district court or the court may be contacted verbally for the purpose of obtaining an order for emergency custody. The court may place the child in the emergency custody of the Department or some other suitable person or entity pending further hearing specified by Section 1-4-203 of this title;
   3. 3. The child may be taken directly to or retained in a health care facility for medical treatment, when the child is in need of emergency medical treatment to maintain the child's health, or as otherwise directed by the court; or
   4. 4. The child may be taken directly to or retained in a behavioral health treatment facility for evaluation or inpatient treatment, in accordance with the provisions of the Inpatient Mental Health and Substance Abuse Treatment of Minors Act, when the child is in need of behavioral health care to preserve the child's health, or as otherwise directed by the court; and
   5. 5. Except as otherwise provided by subsection E of this section, the district court of the county where the custody is assumed shall be immediately notified, verbally or in writing, that the child has been taken into custody. If notification is verbal, written notification shall be sent to the district court within one (1) judicial day of such verbal notification.

5. E. The court may provide, in an order issued pursuant to this section or by a standing order or rule, for the disposition of children taken into custody and notification of the assumption of such custody. Such order or rule shall be consistent with the provisions of subsection D of this section, but may also:

   1. 1. Designate a licensed child care facility, other than a children's shelter appropriate for the temporary care of deprived children, if the facility is willing to provide care; and
   2. 2. Authorize the release of a child from custody in accord with such criteria or under such conditions as the court specifies or the placement of a child with responsible persons, as the court may designate, who are willing to provide care for the child pending further proceedings.
6. F. No child taken into custody pursuant to this section shall be confined in any jail, adult lockup, or adult or juvenile detention facility.
7. G. Any peace officer, employee of the court, court-appointed special advocate, employee of the Department, and any other person acting under the direction of the court, who in good faith transports any child, shall be immune from civil or criminal liability that may result by reason of such act. For purposes of any proceedings, civil or criminal, the good faith of any such person shall be presumed.
8. H. A parent or person responsible for the child who is arrested on a charge or warrant other than child abuse or neglect or an act of child endangerment may designate another person to take physical custody of the child. Upon this request, the peace officer may release the child to the physical custody of the designated person.

Laws 1968, SB 446, c. 282, § 107, eff. January 13, 1969; Amended by Laws 1969, HB 1211, c. 283, § 1, emerg. eff. April 25, 1969; Amended by Laws 1973, c. 27, § 1, emerg. eff. April 18, 1973; Amended by Laws 1976, SB 245, c. 102, § 1, emerg. eff. May 12, 1976; Amended by Laws 1977, HB 1121, c. 259, § 8, eff. October 1, 1977; Amended by Laws 1980, SB 574, c. 169, § 1, eff. January 1, 1981; Amended by Laws 1981, SB 112, c. 238, § 2, eff. October 1, 1981; Amended by Laws 1982, HB 1468, c. 312, § 17, eff. October 1, 1982; Amended by Laws 1989, SB 292, c. 363, § 3, eff. November 1, 1989; Amended by Laws 1990, HB 2354, c. 302, § 5, eff. September 1, 1990; Amended by Laws 1990, HB 1815, c. 238, § 5 (repealed by Laws 1991, HB 1762, c. 335, § 36, emerg. eff. June 15, 1991); Amended by Laws 1992, HB 1544, c. 298, § 20, eff. July 1, 1993; Amended by Laws 1993, HB 1578, c. 208, § 2 (repealed by Laws 1994, c. 2, § 34, emerg. eff. March 2, 1994); Amended by Laws 1993, SB 177, c. 320, § 1 (repealed by Laws 1994, c. 2, § 34, emerg. eff. March 2, 1994); Amended by Laws 1993, SB 371, c. 342, § 5, emerg. eff. July 1, 1993; Amended by Laws 1994, c. 2, § 2, emerg. eff. March 2, 1994; Amended by Laws 1994, HB 2640, c. 290, § 34, eff. July 1, 1994; Amended by Laws 1995, SB 266, c. 217, § 3, emerg. eff. July 1, 1995; Amended by Laws 1995, HB 1978, c. 352, § 10, emerg. eff. July 1, 1995; Renumbered from 10 O.S. § 1107 by Laws 1995, HB 1978, c. 352, § 199, emerg. eff. July 1, 1995; Amended by Laws 2000, HB 2452, c. 374, § 9, emerg. eff. July 1, 2000 (superseded document available); Amended by Laws 2001, HB 1122, c. 143, § 1, emerg. eff. April 30, 2001 (superseded document available); Amended by Laws 2002, HB 2149, c. 327, § 16, emerg. eff. July 1, 2002 (repealed by Laws 2003, c. 3, § 6 , emerg. eff. March 19, 2003); Amended by Laws 2002, SB 1329, c. 445, § 5, eff. November 1, 2002 (superseded document available); Amended by Laws 2003, c. 3, § 5 , emerg. eff. March 19, 2003 (superseded document available); Amended by Laws 2009, HB 2028, c. 233, § 18, emerg. eff. May 21, 2009 (superseded document available); Renumbered from 10 O.S. 7003-2.1 by Laws 2009, HB 2028, c. 233, § 226, emerg. eff. May 21, 2009.