Taking child into custody; release to custody of parent, guardian, custodian, or probation officer; limitation on detention

§ 16–2306. Taking child into custody; release to custody of parent, guardian, custodian, or probation officer; limitation on detention (a) When an officer takes a child into custody, he shall, unless it is impracticable or has been otherwise ordered by the court, accept the written promise of the parent, guardian, or custodian to bring the child to the court at the time fixed. Thereupon, the child may be released in the custody of a parent, guardian, or custodian. If not so released, the child shall be placed in the custody of a probation officer or other person designated by the court, or taken immediately to the court or to a place of detention provided by the Board of Commissioners of the District of Columbia or its authorized representative, and the officer taking him shall immediately notify the court and shall file a petition when directed to do so by the court. (b) A child whose custody has been assumed by the court may, pending final disposition of the case, be released by the court in the custody of a parent, guardian, or custodian, or of a probation officer or other person appointed by the court, to be brought before the court at the time designated. When not released as herein provided, the child, pending the hearing of the case, shall be detained in a place of detention provided by the Board of Commissioners of the District of Columbia or its authorized representative, subject to further order of the court. (c) This subchapter does not forbid a peace officer, police officer, or probation officer from immediately taking into custody a child: (1) who is found violating a law or ordinance; or (2) who is reasonably believed to be a fugitive from his parents or from justice; or (3) whose surroundings are such as to endanger his health, morals, or safety, unless immediate action is taken. In a case specified by this subsection, the officer taking the child into custody shall immediately report the fact to the court and the case shall then be proceeded with as provided by this subchapter and chapter 15 of Title 11. A child so taken into custody may not be held in a place of detention for a period longer than five days, excluding Sundays and holidays, unless the court orders him detained for a further period.