DMR.1.4.020 Release from Emergency Custody

(a) Any child taken into emergency custody shall be released as soon as it is possible to do so, while protecting the child from the conditions causing the taking into emergency custody. If the grounds for emergency custody are corrected, the child may be returned to the parent, guardian, or custodian by the person originally authorizing removal or by the Child Welfare Director or Assistant Child Welfare Director.

(b) The person taking a child into custody, or the Child Welfare Director or Assistant Child Welfare Director, shall attempt to immediately release the child to his or her parent, guardian, or custodian, unless such release is inconsistent with the child's best interests, or, if the parent, guardian, or custodian is unwilling or unable to receive such child, to a responsible adult, with suitable counsel, advice, or warning, in which case the name and address of the person to whom the child has been released shall be immediately given to the parent, guardian, or custodian, unless there is reason to believe the release of such information will imminently endanger the child or the person to whom the child has been released. If the procedure given in Section DMR.1.4.030, Section DMR.1.4.040 and Section DMR.1.5.030(a) of this ordinance are not followed, the child's parent, guardian or custodian shall have a right upon court order to exercise custody and supervision over the child.