§ 6324. Taking into custody.
A child may be taken into custody:
(1) Pursuant to an order of the court under this chapter. Prior to entering a protective
custody order removing a child from the home of the parent, guardian or custodian,
the court must determine that to allow the child to remain in the home is contrary
to the welfare of the child.
(2) Pursuant to the laws of arrest.
(3) By a law enforcement officer or duly authorized officer of the court if there are
reasonable grounds to believe that the child is suffering from illness or injury or
is in imminent danger from his surroundings, and that his removal is necessary.
(4) By a law enforcement officer or duly authorized officer of the court if there are
reasonable grounds to believe that the child has run away from his parents, guardian,
or other custodian.
(5) By a law enforcement officer or duly authorized officer of the court if there are
reasonable grounds to believe that the child has violated conditions of his probation.
(Dec. 9, 2002, P.L.1705, No.215, eff. 60 days)
Suspension by Court Rule. Section 6324 was suspended by Pennsylvania Rule of Juvenile Court Procedure No. 1800(6),
adopted August 21, 2006, insofar as it is inconsistent with Rule 1202 relating to
procedures for protective custody by police and county agency.
Cross References. Section 6324 is referred to in sections 6304, 6321, 6327, 6351, 6351.1 of this title;
section 6315 of Title 23 (Domestic Relations).
Notes of Decisions
B.S. Ex Rel. T.S. v. Somerset Cnty., 704 F.3d 250 (3rd Cir. 2013).
· cites it 5× “42 Pa.C.S. § 6324 (emphasis added). A treating physician or director of a hospital can take a child into protective custody for up to 24 hours if they determine a child to be in immediate danger.”
In the Interest of: J.M., a Minor, 166 A.3d 408 (Pa. Super. Ct. 2017).
“On March 4, 2016, DHS filed an application for protective custody pursuant to the Juvenile Act, 42 Pa.C.S. § 6324, and obtained an order for protective custody of the Child.”
In Re Adoption of J.E.F., 902 A.2d 402 (Pa. 2006).
· cites it 2× “42 Pa.C.S. §§ 6324 and 6351. The Orphans' Court can also award custody to an agency after parental rights are terminated and before a child is adopted, as occurred in the case sub judice.”
In the Interest of Davis, 546 A.2d 1149 (Pa. 1988).
· cites it 4× “[b]y a law enforcement officer or duly authorized officer of the court if there are reasonable grounds to *55 believe that the child has violated conditions of his probation," 42 Pa.C.S. § 6324, it does not specifically enunciate the rules and procedures to be applied in…”
DeBellis v. Kulp, 166 F. Supp. 2d 255 (E.D. Pa. 2001).
“” 42 Pa. Cons.Stat. § 6324(4) (West 2000) (emphasis added).”
In the Interest of J.R.W., 631 A.2d 1019 (Pa. Super. Ct. 1993).
“— A child may be taken into protective custody: (1) As provided by 42 Pa.C.S. § 6324 (relating to taking into custody).”
Brooks-Gall v. Gall, 840 A.2d 993 (Pa. Super. Ct. 2003).
“42 Pa.C.S. § 6324. ¶ 21 The trial court fails even to allege jurisdiction under any of these subsections.”
In Re Penny R., 509 A.2d 338 (Pa. 1986).
· cites it 2× “See 42 Pa.C.S. §§ 6324, 6325, 6327(e), 6334. By choosing a less restrictive alternative, namely, the removal of discretion in a family therapist, Edward C.”
In the Interest of: M.Y.C., Appeal of: Y.L.C., 230 A.3d 500 (Pa. Super. Ct. 2020).
· cites it 2× “” 42 Pa.C.S. § 6324(1). A hearing must be held within 72 hours of the child’s placement to allow the court to make ____________________________________________ 10 This court reviews a trial court’s grant of a continuance for an abuse of discretion.”
Patterson v. Armstrong Cnty. Child. & Youth Servs., 141 F. Supp. 2d 512 (W.D. Pa. 2001).
“Section 6324 of the Juvenile Act, 42 Pa.C.S. § 6324, referenced in section 6315(a)(1) of the CPSL, in turn provides that a child may be taken into custody only: (1) Pursuant to an order of the court under this chapter.”
— 42 Pa. Cons. Stat. § 6324(1) — 5 cases
B.S. Ex Rel. T.S. v. Somerset Cnty., 704 F.3d 250 (3rd Cir. 2013).
“42 Pa.C.S. § 6324 (emphasis added). A treating physician or director of a hospital can take a child into protective custody for up to 24 hours if they determine a child to be in immediate danger.”
In the Interest of: M.Y.C., Appeal of: Y.L.C., 230 A.3d 500 (Pa. Super. Ct. 2020).
“” 42 Pa.C.S. § 6324(1). A hearing must be held within 72 hours of the child’s placement to allow the court to make ____________________________________________ 10 This court reviews a trial court’s grant of a continuance for an abuse of discretion.”
— 42 Pa. Cons. Stat. § 6324(2) — 1 case
— 42 Pa. Cons. Stat. § 6324(3) — 2 cases
— 42 Pa. Cons. Stat. § 6324(4) — 1 case
DeBellis v. Kulp, 166 F. Supp. 2d 255 (E.D. Pa. 2001).
“” 42 Pa. Cons.Stat. § 6324(4) (West 2000) (emphasis added).”
— 42 Pa. Cons. Stat. § 6324(5) — 1 case
In the Interest of Davis, 546 A.2d 1149 (Pa. 1988).
“[b]y a law enforcement officer or duly authorized officer of the court if there are reasonable grounds to *55 believe that the child has violated conditions of his probation," 42 Pa.C.S. § 6324, it does not specifically enunciate the rules and procedures to be applied in…”
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