Legislation
SECTION 214-I
Child-sensitive arrests
Executive (EXC) CHAPTER 18, ARTICLE 11
* § 214-i. Child-sensitive arrests. The superintendent, in
consultation with the office of children and family services and the
division of criminal justice services, shall develop, maintain and
disseminate to all members of the state police, including new and
veteran officers, written policies and procedures, regarding
child-sensitive arrest practices. Such policies and procedures shall
ensure the identification and safety of a child less than eighteen years
old when such child's parent, guardian, or other person legally charged
with the care or custody of such child is arrested. Such policies and
procedures shall include, but not be limited to:
(a) procedures to ensure that state police officers inquire and
document whether an arrestee is the parent, guardian or person legally
charged with the care or custody of a child;
(b) procedures to allow for the arrangement of temporary care for the
child of an arrested parent, guardian or other person legally charged
with the care or custody of such child to ensure such child's safety and
well-being, which may include allowing the arrested parent, guardian or
other person legally charged with the care or custody of such child to
place additional phone calls to arrange for child care;
(c) education on how witnessing violence causes emotional harm to
children and how law enforcement can assist in minimizing the impact of
such harm; and
(d) information on the availability of access to community-based
providers of crisis intervention, child protection and other supportive
resources that could aid the child of an arrested parent, guardian or
other person legally charged with the care or custody of such child.
* NB Effective June 19, 2025
consultation with the office of children and family services and the
division of criminal justice services, shall develop, maintain and
disseminate to all members of the state police, including new and
veteran officers, written policies and procedures, regarding
child-sensitive arrest practices. Such policies and procedures shall
ensure the identification and safety of a child less than eighteen years
old when such child's parent, guardian, or other person legally charged
with the care or custody of such child is arrested. Such policies and
procedures shall include, but not be limited to:
(a) procedures to ensure that state police officers inquire and
document whether an arrestee is the parent, guardian or person legally
charged with the care or custody of a child;
(b) procedures to allow for the arrangement of temporary care for the
child of an arrested parent, guardian or other person legally charged
with the care or custody of such child to ensure such child's safety and
well-being, which may include allowing the arrested parent, guardian or
other person legally charged with the care or custody of such child to
place additional phone calls to arrange for child care;
(c) education on how witnessing violence causes emotional harm to
children and how law enforcement can assist in minimizing the impact of
such harm; and
(d) information on the availability of access to community-based
providers of crisis intervention, child protection and other supportive
resources that could aid the child of an arrested parent, guardian or
other person legally charged with the care or custody of such child.
* NB Effective June 19, 2025