Section 8-303 - Taking into temporary custody; interference; release; separate custody; violation; classificationA. Except as provided in section 8-305, a juvenile taken into temporary custody shall not be detained in a police station, jail or lockup where adults charged with or convicted of a crime are detained.B. A child shall be taken into temporary custody:1. Pursuant to an order of the juvenile court.2. Pursuant to a warrant issued according to the laws of arrest.C. A juvenile may be taken into temporary custody:1. By a peace officer pursuant to the laws of arrest, without a warrant, if there are reasonable grounds to believe that the juvenile has committed a delinquent act or the child is incorrigible.2. By a peace officer if there are reasonable grounds to believe that the child has run away from the child's parents, guardian or other custodian.3. By a private person as provided by section 13-3884.D. A peace officer shall take a juvenile into temporary custody pursuant to the laws of arrest, with or without a warrant, when there are reasonable grounds to believe that either: 1. The juvenile has committed a criminal act or a delinquent act which if committed by an adult could be a felony or breach of the peace.2. The juvenile has been apprehended in commission of a criminal act or a delinquent act, which if committed by an adult would be a felony, or in fresh pursuit.E. A peace officer who takes a juvenile into temporary custody pursuant to subsection D of this section shall advise the juvenile before questioning of the juvenile's juvenile miranda rights in language that is comprehensible to a juvenile and, as soon as is practicable, shall make a good faith effort to notify the juvenile's parents, guardian or custodian of the juvenile's custody, unless doing so would pose a risk to the juvenile. After making the custody notification, a peace officer shall also advise the juvenile's parents, guardian or custodian of the juvenile's juvenile miranda rights. If a juvenile is a ward of the state, a peace officer shall notify the department of child safety, which shall notify the applicable public defender, any guardian ad litem or a court appointed special advocate of the juvenile's custody.F. A juvenile who is taken into temporary custody pursuant to subsection D of this section may be released from temporary custody only to the parents, guardian or custodian of the juvenile or to the juvenile court.G. A person who knowingly interferes with the taking of a juvenile into temporary custody under the provisions of this section is guilty of a class 2 misdemeanor.H. In determining if a child should be taken into custody under subsection C of this section, the peace officer or child safety worker may consider as a mitigating factor the participation of the parent, guardian or custodian in the healthy families program established by section 8-481.Amended by L. 2022, ch. 375,s. 1, eff. 9/23/2022.Amended by L. 2014SP2, ch. 1,s. 17, eff. 5/29/2014.