Directive 3.22 Custody Disputes, Flashcards
According to Directive 3.22 Custody Disputes, Custody Order -
A civil judicial order concerning the care, control, and maintenance
of a child. These orders typically specify one parent or guardian as the “custodial”
parent or guardian and provides for visitation rights and responsibilities of the “non-
custodial” parent or guardian. These orders are most commonly issued when there is
no immediate risk to the health and safety of the minor. These are civil orders that are
enforceable by the Philadelphia Sheriff’s Office through the Pennsylvania Court of
Common Pleas, Family Division.
According to Directive 3.22 Custody Disputes, Protection from Abuse and Custody Order-
A civil order whereby an independent
magistrate has determined that the immediate health, safety, and welfare of a minor
child is at risk and assigns full temporary custody to the plaintiff’s parent or guardian.
These orders are enforceable by law enforcement agencies.
According to Directive 3.22 Custody Disputes, Child Abuse/Neglect –
Any form of cruelty, intentional or unintentional to a child’s
physical, moral, or mental status that endangers the overall welfare of a child. This
term includes those acts of child neglect whereby an individual charged with the care
of a child fails to provide reasonable food, clothing, and shelter to a child. Also
included is the failure by one charged with the care of a child to use prudent, reasonable
care in exercising their parental duties, which endanger the welfare of the child.
According to Directive 3.22 Custody Disputes, At Risk” –
When facts and circumstance exist whereby the officer reasonably believes
that the immediate health, safety, and/or welfare of a child is threatened or in jeopardy.
According to Directive 3.22 Custody Disputes, After the verification of a founded custody dispute, the officer will ?
request the presence of a
supervisor, if not already dispatched. The officer and supervisor will investigate
to ensure the child is not “at risk” or in a missing person status.
According to Directive 3.22 Custody Disputes, If the child is at risk, the officer shall ? Take immediate and appropriate police action. and ?
a. Ensure hospitalization, when necessary.
b. Contact the Department of Human Services (DHS) (215) 683-6100, with all the
pertinent information and circumstances concerning the incident (condition of
residence, parent/guardian, and child) and be guided by the directions given by
personnel from DHS.
c. A 75-48 will be prepared with all facts and circumstances, including the
pertinent information from any Custody Order as well as the name of the
individual contacted at DHS.
According to Directive 3.22 Custody Disputes, If the child is not at risk and a Custody Order exists: the officer will
a. The officer and supervisor should review the order before attempting to mediate the situation.
b. Regardless of any written Custody Order, the officer should not disturb the
physical custody of the child.
According to Directive 3.22 Custody Disputes, If the child is not at risk and a Custody Order exists: the officer NOT ?
The officer will not personally, nor at the
complainant’s direction have the child delivered to the complaining or another
party.
According to Directive 3.22 Custody Disputes, If the child is not at risk and a Custody Order exists: the officer will
c. A 75-48 will be prepared with all facts and circumstances including the
pertinent information of any Custody Order
According to Directive 3.22 Custody Disputes, If the child is not at risk and a Custody Order exists: the officer will
d. If one of the parties is in apparent violation of a Custody Order and the situation
cannot be mediated, the complainant will be transported to the divisional
detectives to initiate possible criminal charges.
e. If possible, both parties should also be referred to the Custody Unit of
Family Court, 1501 Arch Street, (215) 686-7466.
According to Directive 3.22 Custody Disputes, If the child is not at risk and no Custody Order exists: The officer and supervisor should try to ?
Mediate the situation in the best
interest of the child. Under these circumstances, each parent has the same
rights to the child.
According to Directive 3.22 Custody Disputes, If the child is not at risk and no Custody Order exists: police will not
remove the child.
Protection from Abuse Orders and Custody:
a. If an Emergency, Temporary, or Final Protection from Abuse Order grants
custody of any minor(s), the court has already determined that the safety of the
child at risk. These orders shall ?
supersede any existing Custody Order or
arrangement. Police officers are authorized by law to enforce such orders and
take whatever police action may be necessary. The officer will only deliver the
child to the party granted emergency custody. If that parent or guardian granted
custody is not present or able to receive the child, the officer will transport
the child to the DHS for safeguarding until such time as the plaintiff parent/
guardian can take custody.
According to Directive 3.22 Custody Disputes, Patrol Supervisor: Will
- Will respond to all founded custody disputes.
- Will ensure that the child is not the subject of abuse, neglect or in a missing person
status. - Ensure the procedures in Section 3 are carried out.
According to Directive 3.22 Custody Disputes, DHS ,Police Supervisor shall
- Verify the employee identification of the DHS worker, review the “Affidavit of
Verbal Order of Protective Custody” and ensure that it is completed and signed by
the DHS worker. - Assist in serving the VPO and in removing the child from the residence
