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2025 Florida Statutes

Title XLVII CRIMINAL PROCEDURE AND CORRECTIONS
Chapter 984 CHILDREN AND FAMILIES IN NEED OF SERVICES; PREVENTION AND INTERVENTION FOR SCHOOL TRUANCY AND UNGOVERNABLE AND RUNAWAY CHILDREN Entire Chapter
SECTION 13
Taking a child into custody.
F.S. 984.13
984.13 Taking a child into custody.—
(1) A child may be taken into custody:
(a) By a law enforcement officer when the officer reasonably believes that the child has run away from his or her parents, legal guardian, or custodian.
(b) By a designated school representative pursuant to s. 1003.26(3) or a law enforcement officer when the officer reasonably believes that the child is absent from school without authorization or is suspended or expelled and is not in the presence of his or her parent, legal guardian, or custodian, for the purpose of delivering the child without unreasonable delay to the appropriate school system site. For the purpose of this paragraph, “school system site” includes, but is not limited to, a center approved by the superintendent of schools for the purpose of counseling students and referring them back to the school system or an approved alternative to a suspension or expulsion program. If a student is suspended or expelled from school without assignment to an alternative school placement, the law enforcement officer or designated school representative pursuant to s. 1003.26(3) shall deliver the child to the parent, legal guardian, or custodian; to a location determined by the parent, legal guardian, or custodian; or to a designated truancy interdiction site until the parent or guardian can be located.
(c) Pursuant to an order of the circuit court based upon sworn testimony after a child in need of services petition is filed under s. 984.15.
(d) Pursuant to an order of the circuit court based upon a finding of contempt under this chapter for the purpose of delivering the child to a designated shelter facility.
(e) By a law enforcement officer when the child voluntarily agrees to or requests services pursuant to this chapter or placement in a shelter.
(2) The person taking the child into custody shall:
(a) Release the child to a parent, legal guardian, custodian, or responsible adult relative and make a full written report to the department’s authorized agent for families in need of services within 3 days after release if the person taking the child into custody reasonably believes the child has run away from a parent, legal guardian, or custodian; is truant; or is ungovernable and beyond the control of the parent, guardian, or legal custodian; or
(b) Deliver the child to a shelter when:
1. The parent, legal guardian, or custodian is unavailable to take immediate custody of the child;
2. The child requested voluntary family services and shelter placement;
3. A court order under this chapter for shelter placement has been issued; or
4. The child and the parent, legal guardian, or custodian voluntarily agree the child is in need of temporary shelter placement and such placement is necessary to provide a safe place for the child to remain until the parents and child can agree on conditions for the child’s safe return home.
(c) Deliver the child to a hospital for necessary evaluation and treatment if the child is reasonably believed to be suffering from a serious physical condition which requires either prompt diagnosis or treatment.
(d) Deliver the child to a designated public receiving facility as defined in s. 394.455 for examination under s. 394.463 if the child is reasonably believed to be mentally ill, including immediate threat of suicide as provided in s. 394.463(1).
(e) Deliver the child to a hospital, addictions receiving facility, or treatment resource if the child is reasonably believed to be intoxicated and has threatened, attempted, or inflicted physical harm on himself or herself or another, or is incapacitated by substance abuse.
(3) If the child is taken into custody and is delivered to a shelter, the department’s authorized agent shall review the facts and make such further inquiry as necessary to determine whether the child shall remain in shelter, receive voluntary family services that would allow the child alleged to be from a family in need of services to remain at home, or be released.
History.—s. 8, ch. 87-133; s. 1, ch. 89-20; s. 232, ch. 95-147; s. 6, ch. 95-280; s. 20, ch. 96-398; s. 99, ch. 97-238; s. 23, ch. 2000-235; s. 15, ch. 2025-153.
Note.—Former s. 39.421.