The Florida Senate

¹39.401  Taking a child alleged to be dependent into custody.--

(1)  A child may only be taken into custody:

(a)  Pursuant to an order of the circuit court issued pursuant to the provisions of this part, based upon sworn testimony, either before or after a petition is filed.

(b)  By a law enforcement officer, or an authorized agent of the department, if the officer or agent has probable cause to support a finding of reasonable grounds for removal and that removal is necessary to protect the child. Reasonable grounds for removal are as follows:

1.  That the child has been abused, neglected, or abandoned, or is suffering from or is in imminent danger of illness or injury as a result of abuse, neglect, or abandonment;

2.  That the custodian of the child has materially violated a condition of placement imposed by the court; or

3.  That the child has no parent, legal custodian, or responsible adult relative immediately known and available to provide supervision and care.

(2)  If the person taking the child into custody is not an authorized agent of the department, that person shall:

(a)  Release the child to a parent, guardian, legal custodian, responsible adult approved by the court when limited to temporary emergency situations, responsible adult relative who shall be given priority consideration over a nonrelative placement, or responsible adult approved by the department; within 3 days following such release, the person taking the child into custody shall make a full written report to the department for cases involving allegations of abandonment, abuse, or neglect or other dependency cases; or

(b)  Deliver the child to an authorized agent of the department, stating the facts by reason of which the child was taken into custody and sufficient information to establish probable cause that the child is abandoned, abused, or neglected, or otherwise dependent and make a full written report to the department within 3 days.

(3)  If the child is taken into custody by, or is delivered to, an authorized agent of the department, the authorized agent shall review the facts supporting the removal with department legal staff prior to the emergency shelter hearing. The purpose of this review shall be to determine whether probable cause exists for the filing of an emergency shelter petition pursuant to s. 39.402(1). If the facts are not sufficient to support the filing of a petition, the child shall immediately be returned to the custody of the parent or legal custodian. If the facts are sufficient to support the filing of the petition, and the child has not been returned to the custody of the parent or legal custodian, the department shall file the petition and schedule a hearing pursuant to s. 39.402(1), such hearing to be held within 24 hours after the removal of the child. While awaiting the emergency shelter hearing, the authorized agent of the department may place the child in licensed shelter care or may release the child to a parent, guardian, legal custodian, responsible adult relative who shall be given priority consideration over a nonrelative placement, or responsible adult approved by the department. In addition, the department may authorize placement of a housekeeper/homemaker in the home of a child alleged to be dependent until the parent or legal custodian assumes care of the child.

History.--s. 20, ch. 78-414; s. 4, ch. 87-133; s. 11, ch. 88-337; s. 2, ch. 90-204; s. 226, ch. 95-147; s. 6, ch. 95-228; s. 2, ch. 97-276.

¹Note.--Section 2, ch. 97-276, added subsection (4), effective July 1, 1998, to read:

(4)  When a child is taken into custody pursuant to this section, the Department of Children and Family Services shall request that the child's parent or custodian disclose the names, relationships, and addresses of all parents and prospective parents and all next of kin of the child, so far as are known.