Only police can take someone into custody

A RECENT EDITORIAL in the Journal regarding the most recent high-profile child abuse case stated something to the effect that both law enforcement agencies and CYFD have the ability to remove children from their homes and/ or arrange a forensic safe house interview. While this is true on its face, there are major differences under state law as to how each agency is able to accomplish this. By statute, law enforcement officers are the only agents who can take custody of a person, including children. They must determine the child is in imminent danger from his/her surroundings to accomplish this. A child protective services worker cannot take a child into custody; they can investigate, and if they determine danger to a child they must involve law enforcement if immediate custody is thought to be necessary. If law enforcement declines to take custody, CYFD must then file (an) order with the court, signed by a judge, and deliver it to law enforcement authorizing them to take custody. A hearing must be held in two days to determine if custody is to be continued. If it is, then another hearing within 10 days to determine if continued custody is appropriate. This is an evidentiary hearing with attorneys representing CYFD, the parents, and the child. As far as arranging a safe house interview, unless the child is in custody, parental permission is required.

Protective service workers and law enforcement officers have two of the most difficult jobs one can imagine. They are often criticized for over-reacting and, then, for under-reacting. Pay is not the best, the work takes a toll emotionally not only on the people who are on the front lines but on their families as well. I am not excusing mistakes that may have been made, but I challenge the editor and critical letter writers: Consider applying for law enforcement or protective services jobs, try it out, see how easy it (is) to sit back and criticize when it is you who is faced with the situations these people deal with on a daily basis.

TOM KERLEY

Albuquerque