UNIT III - MINORS REQUIRING AUTHORITATIVE INTERVENTION ARTICLE III - 705 ILCS 405/3)

B. Taking Into Limited Custody (705 ILCS 405/3-4): A Law Enforcement Officer may, without a warrant, take a minor into limited custody when the Officer reasonably determines that the minor is either absent from home without consent, or is beyond the control of his/her parent/guardian and thus endangering his/her personal safety.

Once a Law Enforcement Officer takes a minor into limited custody, he/she must immediately inform the minor why they are being taken into custody and must make a reasonable effort to inform the minor's parents or guardian of the custody of their minor child and where the minor is being held.

If the minor consents, the Officer must make a reasonable effort to transport, arrange transportation, or otherwise release the minor to his/her parent(s), guardian, or custodian.

The Officer must take or make reasonable arrangements for transporting a minor to an agency or association providing crisis intervention services in the following instances:

The Officer isn't able to contact the parent/guardian/custodian though reasonable efforts.

The person contacted lives an unreasonable distance away.

The minor refuses to be taken to his/her own home.

It is important to note the following conditions for holding a MRAI in limited custody:

No minor shall be involuntarily subject to limited custody for more than 6 hours from the minor's initial contact with the Officer.

No minor taken into limited custody can ever be placed in a jail, municipal lockup, or detention center.

Taking a minor into limited custody under this Section is not an arrest and does not constitute a police record.

These records shall be maintained separate from records of arrest and are not open to the public for inspection.

Any law enforcement agency, Juvenile Officer, or other Law Enforcement Officer acting reasonably and in good faith in the care of a minor in limited custody is immune from any civil or criminal liability resulting from such custody.

A minor held in custody as a MRAI shall not have contact with adults in custody. Such custody must be non-secure: law enforcement cannot place a child being held for MRAI in a locked room, cell, or secured to a fixed object. Custody cannot exceed 6 hours. Taking a minor into limited custody under this section is not an arrest, nor does it constitute a police record; law enforcement records concerning minors taken into limited custody under this section shall be maintained separate from records of adults and shall not be disclosed except as provided by law or by an order of the court. However, the law enforcement agency may disclose its records to an agency or association providing crisis intervention services.