ARRESTEE'S DEPENDENTS
Alternate
Care for Arrestee's Dependents Model Policy
Issued December 1993
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1.0
PURPOSE
The
purpose of this policy is to reasonably insure that children or other
persons dependent upon an arrestee for their care, sustenance or supervision
are provided with alternate care, sustenance or supervision as arranged
for by the arrestee or an appropriate agency.
2.0
POLICY
This
department will provide persons taken into custody by this department
a reasonable opportunity to arrange for the care of children or persons
dependent upon the arrestee for their care, sustenance and supervision.
When the arrestee is unable to arrange for the care of dependent persons,
this department will notify the appropriate municipal, county and
state agencies of the need for alternate care for the arrestee's dependents.
This department will not take direct responsibility for providing
alternate care for arrestee's dependents.
While
the need for alternate care for an arrestee's dependents is to be
determined, the existence of arrestee dependents should not be the
determining factor as to whether the arrestee is held in custody or
released. Where a summons in lieu of arrest is inappropriate or the
taking into custody is required by law, public safety or safety of
the arrestee, the individual should be held until released in accordance
with law.
3.0
PROCEDURE
3.1.0
Whenever an arrestee is taken into custody, and is accompanied by
a child or other person dependent upon the arrestee for care, sustenance
or supervision, the following procedures are to be followed.
3.1.1
If another appropriate adult is present with the arrestee, the arrestee
will be permitted to place the dependent child or dependent person
in the care of that adult.
3.1.2
If another appropriate adult is not present or refuses custody
of the dependent person, the dependent person will be transported
to police headquarters. The dependent person may be transported
with the arrestee or in a separate vehicle as required by the
circumstances. Transportation of the dependent person will be
conducted in accordance with department policy concerning the
transportation of non-police personnel in department vehicles.
3.1.3 The arrestee shall be permitted
a reasonable opportunity to make arrangements by telephone for
alternate care for the dependent. When contact cannot be made
by telephone, an officer from this or the appropriate police department
shall be assigned to make the necessary notifications.
3.1.4
If the arrestee is unable to arrange for the alternate care for
the dependents, the shift supervisor or arresting officer shall
notify the appropriate municipal, county or state agency of the
arrest and need for alternate care. The arrestee is to be informed
as to the agency taking charge of his or her dependents.
3.1.5
When the arrestee has dependents requiring their care, a record
is to be made indicating the arrangements made for the care of
those dependents. The record shall contain, at a minimum, the
person or agency taking charge of the dependent, the name of the
agency's representative and a phone number, and information as
to how the arrestee can regain custody of the dependent child
or person when released from custody.
3.1.6
The shift supervisor or arresting officer shall contact the appropriate
judge as soon as possible for the setting of bail. If the arrestee
has dependents requiring the arrestee's care, the judge is to
be informed of this and of the arrangements made for the temporary
care of those dependents.
3.2.0
Whenever a person is arrested or taken into custody and is likely
to be detained more than two hours, that person shall be questioned
as to whether or not any child or other person is dependent solely
upon the arrestee for care, sustenance or supervision.
3.2.1
When it is determined that the arrestee is the sole provider of
care, sustenance or supervision for a child or other dependent person
, the arrestee shall be permitted a reasonable opportunity to make
arrangements by telephone for alternate care for those dependents.
When contact cannot be made by telephone, an officer from this or
the appropriate police department shall be assigned to make the
necessary notifications.
3.2.2 If the arrestee is unable
to arrange for the alternate care for the dependents, the shift
supervisor or arresting officer shall notify the appropriate municipal,
county or state agency of the arrest and need for alternate care.
The arrestee is to be informed as to the agency taking charge
of his or her dependents.
3.2.3
When the arrestee has dependents requiring their care, a record
is to be made indicating the arrangements made for the care of
those dependents. The record shall contain, at a minimum, the
person or agency taking charge of the dependent, the name of the
agency's representative and a phone number, and information as
to how the arrestee can regain custody of the dependent child
or person when released from custody.
3.2.4
The shift supervisor or arresting officer shall contact the appropriate
judge as soon as possible for the setting of bail. If the arrestee
has dependents requiring the arrestee's care, the judge is to
be informed of this and of the arrangements made for the temporary
care of those dependents.
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