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HomeWelfare and Institutions CodeDiv. 2Pt. 1Ch. 2Art. 7§ 313 Minor Custody Release Rules

§ 313 Minor Custody Release Rules

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

§ 313 Minor Custody Release Rules

Key Takeaways

  • •If a kid is arrested, they must be let go within 48 hours unless the cops file a special request to keep them longer.
  • •If a kid is held for more than 6 hours but then released without any charges, the cops must write down why they held them so long.
  • •The cops have to send this explanation to the kid's parents or guardian within 3 days.

Example

A 16-year-old is arrested for shoplifting but didn't lie about their age.

The cops must release them within 48 hours unless they file a special request. If they hold them for 7 hours but then let them go without filing anything, they must write down why and send it to the kid's parents.

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

Official Source
View on CA.gov

§ 313 Minor Custody Release Rules

(a) Whenever a minor is taken into custody by a peace officer or probation officer, except when such minor willfully misrepresents himself as 18 or more years of age, such minor shall be released within 48 hours after having been taken into custody, excluding nonjudicial days, unless within said period of time a petition to declare him a dependent child has been filed pursuant to the provisions of this chapter. (b) Whenever a minor who has been held in custody for more than six hours by the probation officer is subsequently released and no petition is filed, the probation officer shall prepare a written explanation of why the minor was held in custody for more than six hours. The written explanation shall be prepared within 72 hours after the minor is released from custody and filed in the record of the case. A copy of the written explanation shall be sent to the parents, guardian, or other person having care or custody of the minor. (Added by Stats. 1976, Ch. 1068.)

Last verified: January 23, 2026

Key Terms

probationexplanationpetitioncustodyrelease

Related Statutes

  • § 314 Minor Age Misrepresentation Deadline
  • § 307 Minor Custody Release Procedures
  • § 307.4 Minor Custody Notification Rights
  • § 311 Minor Detention Hearing Rights
  • § 315 Child Detention Hearing Rules

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Welfare and Institutions Code. Section 313.
View Official Source