What level of suspicion is required for taking a child into custody?

Taking a child into custody requires a level of suspicion known as "probable cause of delinquent act." This means that law enforcement must have sufficient factual evidence to believe that a crime has been committed and that the child is linked to that crime. Probable cause is a higher standard than reasonable suspicion, as it requires more concrete evidence or facts to support the taking of a child into custody.

This level of scrutiny ensures that the rights of the child are protected, and that there is a solid basis for intervening in their life. It aligns with the principles of due process, which demand that actions taken by law enforcement are justified by facts that can be articulated and are more than mere speculation or intuition.

In contrast, reasonable suspicion, while it allows officers to stop and briefly question a person, does not provide enough justification for taking more serious action like custody. Clear evidence suggests a definitive proof that is typically associated with the procedures for a trial, while intuition does not meet any legal thresholds for action and is too subjective to justify taking a child into custody.