Page:United States Statutes at Large Volume 84 Part 1.djvu/588

 530

PUBLIC LAW 91-358-JULY 29, 1970

[84 STAT.

"§ 16-2311. Release or delivery to Family Division " (a) A person taldng a child into custody shall with all reasonable speed— " (1) release the child to his parent, guardian, or custodian upon a promise to bring the child before the Division when requested by the Division, unless the child's placement in detention or shelter care appears required as provided in section 16-2310; "(2) bring the child before the Director of Social Services; or "(3) bring the child to a medical facility if the child appears to require prompt treatment or to require prompt diagnosis for medical or evidentiary purposes. Any person taking a child into custody shall give prompt notice to the Corporation Counsel and to the parent, guardian, or custodian (if known) together with the reasons for custody. "(b) When a child is bronght before the Director of Social Services, the Director shall in all cases review the need for detention or shelter care prior to the admission of the child to the place of detention or shelter care. The child shall be released to his parent, guardian, or custodian unless the Director of Social Services finds that detention or shelter care is required under section 16-2310. If the child is not released, the Director of Social Services shall advise him of the right to counsel as provided in section 16-2304. "(c) If a parent, guardian, or custodian fails, when requested, to bring the child to the Division as provided in subsection (a)(1), the Division may issue a warrant directing that the child be taken into custody and brought before the Division. " (a) When a child is not released as provided in section 16-2311— "(1) a detention or shelter care hearing shall be commenced not later than the next day (excluding Sundays) after the child has been taken into custody or transferred from another court as provided by section 16-2302; and "(2) a petition shall be filed at or prior to the detention or shelter care hearing. "(b) Prompt notice of the detention or shelter care hearing shall be given, if delinquency or need (5f supervision is alleged, to the child, and to his spouse (if any), parent, guardian, or custodian, if he can be found, or, if neglect is alleged, to the child, and to the parent, guardian, or custodian named in the petition if he can be found. Counsel for the child, and in neglect cases counsel for the parent, guardian, or custodian, shall be entitled to a copy of the petition prior to the hearing. "(c) At the commencement of the hearing the judge shall advise the parties of the right to counsel, as provided in section 16-2304, and shall appoint counsel if required. He shall also inform them of the contents of the petition and shall afford the child, or in a neglect case, the parent, guardian, or custodian, an opportunity to admit or deny the allegations in the petition. He shall then hear from the Corporation Counsel to determine whether the child should be placed or continued in detention or shelter care under the criteria in section 162310. The child and his parent, guardian, or custodian shall have a right to be heard in their own behalf. " (d)(1) At the conclusion of the hearing, the judge shall— " (A) order detention or shelter care, setting forth in writing his reasons therefor, if he finds that the child's detention or shelter care is required under the criteria in section 16-2310; or " (B) order the child released if he finds that the child's detention or shelter care is not required under such criteria.
 * '§ 16-2312. Detention or shelter care hearing; intermediate disposition

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