Colorado § 19-2.5-209 - Taking juvenile into custody.

§ 19-2.5-209. Taking juvenile into custody.

(1) A juvenile may be taken into temporary custody by a law enforcement officer without order of the court when there are reasonable grounds to believe that the juvenile has committed a delinquent act.

(2) A juvenile may be taken into temporary custody by a law enforcement officer executing a lawful warrant taking a juvenile into custody issued pursuant to section 19-2.5-204.

(3) A juvenile probation officer may take a juvenile into temporary custody:

(a) Under the circumstances stated in subsection (1) of this section; or

(b) If the juvenile has violated the conditions of probation and is under the continuing jurisdiction of the juvenile court.

(4) A juvenile may be detained temporarily by an adult other than a law enforcement officer if the juvenile has committed or is committing a delinquent act in the presence of such adult. Any person detaining a juvenile shall notify, without unnecessary delay, a law enforcement officer, who shall assume custody of said juvenile.

(5) The taking of a juvenile into temporary custody pursuant to this section is not an arrest, nor does it constitute a police record.

Source: L. 2021: Entire article added with relocations, (SB 21-059), ch. 136, p. 573, § 2, effective October 1.

Editor's note: This section is similar to former § 19-2-502 as it existed prior to 2021.

ANNOTATION

Annotator's note. The following annotations include cases decided under former provisions similar to this section.

Phrase, "acts which if committed by an adult," was intended to define general type of conduct for which child might be taken into custody and for which he might be adjudicated delinquent. The phrase does not create limitation on power of state, but merely establishes general category of behavior for which children may be adjudicated delinquent. In re People in Interest of B.M.C., 32 Colo. App. 79, 506 P.2d 409 (1973).

Section 19-2-511 is applicable even when a juvenile lies to police about his age. Nicholas v. People, 973 P.2d 1213 (Colo. 1999).

General assembly did not provide for an exception for juveniles who lie about their age to the police and claim to be adults. Nor is there a "good faith" exception for cases in which the police reasonably but mistakenly believe that their suspect is an adult. Nicholas v. People, 973 P.2d 1213 (Colo. 1999).

This interpretation is consistent with the way civil law protects juveniles from being bound by legal decisions they make even if they lie about their age. Nicholas v. People, 973 P.2d 1213 (Colo. 1999).

Grounds for custody include violation of statute. Child may be taken into temporary custody if he violates statute or ordinance which makes specific behavior by children unlawful, even though such behavior if committed by adult is not unlawful. In re People in Interest of B.M.C., 32 Colo. App. 79, 506 P.2d 409 (1973).

Jurisdiction to order removal of life-sustaining devices. A juvenile court has jurisdiction in a shelter hearing to order the removal of all extraordinary life-sustaining devices from a child in the temporary custody of the department of social services if in the doctor's opinion the legal standard of cerebral death has been met. Lovato v. Dist. Court, 198 Colo. 419, 601 P.2d 1072 (1979).

Applied in People ex rel. Thompson v. Purcell, 70 Colo. 399, 201 P. 881(1921); People v. L.A., 199 Colo. 390, 609 P.2d 116 (1980); Griffin v. Pate, 644 P.2d 51 (Colo. App. 1981).

PART 3

DETENTION