PENAL CODE § 279.6

 

A law enforcement officer may take a child into protective custody if:

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• It reasonably appears that a person is likely to conceal the child, flee the jurisdiction with the child, or, by flight or concealment, evade the authority of the court, or

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• There is no lawful custodian available to take custody of the child, or

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• There are conflicting custody orders or conflicting claims to custody and the parties cannot agree which party should take custody of the child, or

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• The child is an abducted child.

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When a law enforcement officer takes a child into protective custody pursuant to this section, the office shall do one of the following:

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• Release the child to the lawful custodian of the child, unless it reasonably appears that the release would cause the child to be endangered, abducted, or removed from the jurisdiction.

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• Obtain an emergency protective order…ordering placement of the child with an interim custodian who agrees in writing to accept interim custody.

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• Release the child to the social services agency responsible for arranging shelter or foster care.

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• Return the child as ordered by a court of competent jurisdiction.

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FAMILY CODE § 6250

 

A judicial officer may issue an emergency protective order (EPO) when a law enforcement officer asserts reasonable grounds to believe:

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• Based on reasonable belief that a person has an intent to abduct the child or flee with the child from the jurisdiction, or has made a threat to do so,

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• A child is in immediate and present danger of being abducted.