1.25.130 Release from Custody

(a) Any child taken into custody shall be released as soon as it is possible to do so, while protecting the child from the conditions causing the taking into custody.

(b) The person taking a child into custody, or the child welfare coordinator, 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 endanger the child or the person to whom the child has been released. If the procedure given in Sections 1.25.140, 1.25.150 and 1.25.190(a) is not followed, the child's parent, guardian or custodian shall have a right to exercise custody and supervision over the child.