Legal Definitions - protective custody

Protective custody is when someone is confined, either voluntarily or involuntarily, because government authorities believe that person will be in danger if they are not confined. This is done to protect children, witnesses, or mentally ill individuals.

• Child Protection: In New York, the Family Court Act requires peace officers or government social workers to take necessary measures to protect a child's life or health, including taking or keeping a child in protective custody.
• Witness Protection: In New York, inmates who are serving as witnesses for trial proceedings can be placed in protective custody to ensure their safety.
• Mental Health: In Texas, a judge or magistrate can issue a protective custody order for a mentally ill patient if a physician has stated that the patient is a person with mental illness and presents a substantial risk of serious harm to themselves or others.

These examples illustrate how protective custody is used to keep people safe from harm. Whether it's a child who needs protection from an abusive parent, a witness who needs protection from retaliation, or a mentally ill person who needs to be restrained for their own safety, protective custody is a tool that can be used to ensure the safety of vulnerable individuals.