2471 Requests for Police Protective Custody

Only a law enforcement officer, court services officer, or the court has the authority to place a child in protective custody. When the safety of a child cannot be reasonably assured without removal of the child or the alleged perpetrator, and removal of the alleged perpetrator from contact with the child is not feasible, a law enforcement officer should be contacted to determine whether, in the officer’s opinion, the child should be removed from the home and placed in police protective custody.

The Child Protection Specialist and Supervisor shall consider whether they can hold a Team Decision Making (TDM) meeting. The TDM meeting shall be held by the next working day or before the initial court hearing occurs if a determination is made the child is in imminent danger and the meeting cannot be held prior to the need for police protective custody. Police protective custody resulting in the court holding a court hearing shall not be a reason a TDM is not held. Refer to Appendix 0D for guidance on TDM.

Per Claire and Lola’s law enacted July 1, 2019, the department shall not initiate proceedings to remove a child from the home of the child’s parent or guardian (request PPC or an Order of Protective Custody) or initiate any child protection action (safety planning) or proceeding based solely upon the parent or guardian or the child’s lawful possession or use of cannabidiol treatment preparation (K.S.A. 65-6235 (c)).

The law enforcement officer should deliver the child to a safe environment according to local arrangements. An DCF employee is not authorized to take physical custody of or transport a child without a written order of a court placing the child in the custody of the Secretary of DCF. A child not in the custody of the Secretary may be transported by DCF if a parent voluntarily accompanies the child or the parent provides written parental permission.

When a law enforcement officer determines that protective custody is appropriate, the officer, not DCF, should place the child as provided by statute (K.S.A. 38-2231). It is important to remember that DCF staff do not have authority to transport a child placed in protective custody by a law enforcement officer. If DCF staff were to transport a child in the protective custody of law enforcement a potential legal liability exists for the department and the individual. A law enforcement officer or the designated care provider with whom the police placed the child may transport the child.