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HomeWelfare and Institutions CodeDiv. 2Pt. 1Ch. 2Art. 15§ 641 Minor Custody Transfer Process

§ 641 Minor Custody Transfer Process

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

§ 641 Minor Custody Transfer Process

Key Takeaways

  • •If a kid is taken into custody in a different county than where they are accused of breaking the law, the police in the county where the kid is accused must be told.
  • •The police in the county where the kid is accused must get a warrant within 48 hours (not counting Sundays or holidays) and send it to the police holding the kid.
  • •The police from the county where the kid is accused must pick up the kid within 5 days and take them to a juvenile court judge.
  • •If the kid is not taken to a judge in time, they must be let go.

Example

A 16-year-old is caught shoplifting in County B, but they live in County A where they are accused of breaking the law.

The police in County B tell the police in County A that they have the kid. County A police must get a warrant within 48 hours and send it to County B. Then, County A police have 5 days to pick up the kid and take them to a judge in County A. If they don't, the kid must be released.

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

Official Source
View on CA.gov

§ 641 Minor Custody Transfer Process

Whenever any minor is taken into temporary custody under the provisions of this article in any county other than the county in which the minor is alleged to be within or to come within the jurisdiction of the juvenile court, which county is referred to herein as the requesting county, the officer who has taken the minor into temporary custody may notify the law enforcement agency in the requesting county of the fact that the minor is in custody. When a law enforcement officer, of such requesting county files a petition pursuant to Section 656 with the clerk of the juvenile court of his respective county and secures a warrant therefrom, he shall forward said warrant, or a telegraphic copy thereof to the officer who has the minor in temporary custody as soon as possible within 48 hours, excluding Sundays and nonjudicial days, from the time said juvenile was taken into temporary custody. Thereafter an officer from said requesting county shall take custody of the minor within five days, in the county in which the minor is in temporary custody, and shall take the minor before the juvenile court judge who issued the warrant, or before some other juvenile court of the same county without unnecessary delay. If the minor is not brought before a judge of the juvenile court within the period prescribed by this section, he must be released from custody. (Repealed and added by Stats. 1961, Ch. 1616.)

Last verified: January 23, 2026

Key Terms

enforcementrequesting countycustodyreleasejurisdictionpetition

Related Statutes

  • § 324 Minor Custody Transfer Process
  • § 628.2 Juvenile Electronic Monitoring Credits
  • § 631.1 Minor Age Misrepresentation Consequences
  • § 207.2 Minor Release From Custody
  • § 313 Minor Custody Release Rules

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Welfare and Institutions Code. Section 641.
View Official Source