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      CHC 1433     

  

Art. 1433.  Protective custody without court order

A.  A peace officer or a peace officer accompanied by an emergency medical service trained technician may take a minor into protective custody and transport him to a treatment facility for a medical evaluation when, as a result of his personal observation, the peace officer or emergency medical service technician has reasonable grounds to believe the minor is a proper subject for involuntary admission to a treatment facility because he is acting in a manner dangerous to himself or dangerous to others, is gravely disabled, and is in need of immediate hospitalization to protect the minor or others from physical harm.

B.  The minor may only be transported to one of the following:

(1)  A community mental health center.

(2)  A public or private general hospital.

(3)  A public or private mental hospital.

(4)  A detoxification center.

(5)  A substance abuse clinic.

(6)  A substance abuse inpatient facility.

C.  Upon arrival at the treatment facility, the escorting peace officer shall then be relieved of any further responsibility and the minor shall be immediately examined by a physician, preferably a psychiatrist, who shall determine if the minor shall be voluntarily admitted, admitted by emergency certificate, or discharged.

D.  In the case of a minor suffering from substance abuse and where any of the facilities stated in Paragraph B of this Article are unavailable, the peace officer and emergency medical service technician may use whatever means or facilities available to protect the health and safety of the minor suffering from substance abuse until such time as any of the above facilities become available.  In taking a minor into protective custody, the peace officer and emergency medical service technician may take reasonable steps to protect themselves.  A peace officer or emergency medical service technician who acts in compliance with this Article is acting in the course of his official duty and cannot be subjected to criminal or civil liability as a result thereof.

E.  Under the provisions of this Article no minor shall be placed in protective custody for a period in excess of seventy-two hours.  Any minor placed in protective custody under the provisions of this Article shall be considered as an inmate for maintenance purposes only.

Acts 1991, No. 235, §14, eff. Jan. 1, 1992.



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