LawWiki
HomeCodesSearchGlossaryAPIAbout
LawWiki

Plain English summaries of California law with zero-hallucination AI. Every summary is verified against official source text.

Product

  • Search
  • Codes
  • About

Legal

  • Privacy Policy
  • Terms of Service
  • Disclaimer

© 2026 LawWiki. All rights reserved.

HomeWelfare and Institutions CodeDiv. 2Pt. 1Ch. 2Art. 7§ 305 Emergency Minor Custody Authority

§ 305 Emergency Minor Custody Authority

Welfare and Institutions Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 305 Emergency Minor Custody Authority

Key Takeaways

  • •Police can take a child away without asking a judge first if the child is in danger right now.
  • •If a child is left alone and it’s not safe, police will try to call the parents first. If they can’t reach them, they’ll call a social worker.
  • •If a child is in the hospital and giving them back to their parents would hurt them, police can keep the child safe.
  • •If a child is supposed to be in a special home or place by court order but runs away, police can take them back.

Example

A 7-year-old is found wandering alone near a busy road at night, looking scared and cold.

The police see the child is in danger because they’re alone near cars and it’s dark. They try to call the parents but no one answers. So, they call a social worker to take care of the child until it’s safe.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 305 Emergency Minor Custody Authority

Any peace officer may, without a warrant, take into temporary custody a minor: (a) When the officer has reasonable cause for believing that the minor is a person described in Section 300, and, in addition, that the minor has an immediate need for medical care, or the minor is in immediate danger of physical or sexual abuse, or the physical environment or the fact that the child is left unattended poses an immediate threat to the child’s health or safety. In cases in which the child is left unattended, the peace officer shall first attempt to contact the child’s parent or guardian to determine if the parent or guardian is able to assume custody of the child. If the parent or guardian cannot be contacted, the peace officer shall notify a social worker in the county welfare department to assume custody of the child. (b) Who is in a hospital and release of the minor to a parent poses an immediate danger to the child’s health or safety. (c) Who is a dependent child of the juvenile court, or concerning whom an order has been made under Section 319, when the officer has reasonable cause for believing that the minor has violated an order of the juvenile court or has left any placement ordered by the juvenile court. (d) Who is found in any street or public place suffering from any sickness or injury which requires care, medical treatment, hospitalization, or other remedial care. (Amended by Stats. 1988, Ch. 1075, Sec. 1.)

Last verified: January 23, 2026

Key Terms

treatmentmedicalhospitaldangerhealthcustodyinjuryrelease

Related Statutes

  • § 5309 Early Release For Safety
  • § 7362 Patient Discharge Conditions
  • § 306 Social Worker Child Custody
  • § 5170.7 Early Release Psychiatric Evaluation
  • § 5172 72-Hour Mental Health Evaluation

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Welfare and Institutions Code. Section 305.
View Official Source