Release from Emergency Protective Care

Subd. 1. Child Taken Into Emergency Protective Care Pursuant to Court Order. (a) Release Prohibited. A child taken into emergency protective care pursuant to a court order shall be held for 72 hours unless the court issues an order authorizing release. (b) Release Required. A child taken into emergency protective care pursuant to a court order shall not be held in emergency protective care for more than 72 hours unless an emergency protective care hearing has commenced and the court has ordered continued protective care. Subd. 2. Child Taken Into Emergency Protective Care Without Court Order. (a) Release Required. A child taken into emergency protective care without a court order shall be released within 72 hours except as provided by Minnesota Statutes, section 260C.176, subdivision 2, paragraph (b). (b) Discretionary Release. When a peace officer has taken a child into emergency protective care without a court order, the child may be released at any time prior to the emergency protective care hearing as permitted by Minnesota Statutes, section 260C.176, subdivision 1.