Chapter 5 – Adult Custody and Security Operations

52050.13.1 Arrest of Private Citizen(s) with Minor Child(ren) in their Custody

• When a CDCRCalifornia Department of Corrections and Rehabilitation peace officer arrests a private citizen accompanied by a minor(s), the following steps shall be taken to ensure the safety and well-being of the minor(s):

  • Reasonable attempts shall be made to contact the Child Protective Services (CPS) on-call social worker, to consult on the circumstances of the minor(s) and the facts surrounding the arrest.

    • If it is determined the minor(s) will be taken into temporary custody, the peace officer shall ensure that the child is delivered to CPS in accordance with this policy.

  • The CDCRCalifornia Department of Corrections and Rehabilitation peace officer shall take reasonable steps to facilitate the release of the minor(s) to another parent, relative, or guardian, unless it reasonably appears that the release would endanger the minor(s). The CDCRCalifornia Department of Corrections and Rehabilitation peace officer shall:

    • Provide the parent, relative or guardian identification information to CPS to check for previous allegations of abuse.

    • Review the California Law Enforcement Telecommunications System (CLETSCalifornia Law Enforcement Telecommunications System) to verify the parent, relative or guardian has no prior convictions of crimes against minors and there are no active wants or warrants.

    • Verify the identity of either the parent, relative, guardian, or CPS representative, prior to releasing custody of the minor(s).

    • Complete the CDCRCalifornia Department of Corrections and Rehabilitation Form 107, Release of Minor(s).

  • Obtain signatures from the parent or guardian releasing the minor(s) and the person receiving custody of the minor(s). If unable to obtain signatures from the parent or guardian, the CDCRCalifornia Department of Corrections and Rehabilitation peace officer shall make efforts to coordinate with CPS for authorization to release.

  • If it is determined that the minor(s) will not be released to a parent, relative or guardian, the CDCRCalifornia Department of Corrections and Rehabilitation peace officer shall coordinate with CPS for transportation of the minor(s) to a receiving center.

  • A CDCRCalifornia Department of Corrections and Rehabilitation peace officer shall complete a Bureau of Criminal Information and Analysis(BCIA), Form 8572, Suspected Child Abuse Report and forward it within 36 hours of the incident to the CPS in accordance with Penal Code section 11166, if child abuse is suspected.

  • The BCIA Form 8572 (if applicable) and CDCRCalifornia Department of Corrections and Rehabilitation Form 107 shall be included in the incident package.

• Each Facility and non-facility unit shall develop local operational procedures in accordance with this policy, local CPS and law enforcement (if applicable).

• CDCRCalifornia Department of Corrections and Rehabilitation peace officers within DAPODivision of Adult Parole Operations (formerly P&CSD) shall follow their local designated procedures for the safe release of minors.