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A. If a child has been taken into protective custody pursuant to the provisions of this Title, before a petition for a deprived child proceeding has been filed, the petition shall be filed and a summons issued within five judicial days from the date of such assumption of custody. Except as otherwise provided by this section, if such petition is not filed and a summons issued therein as required by this subsection, custody of the child shall be released to the child’s parent(s), legal guardian, custodian or another responsible adult.

B. If the child has been taken into custody and upon allegations of cruelty on the part of the child’s parent(s), legal guardian or custodian, the five-day limitation provided for in subsection (A) of this section shall not cause the child to be released to such person(s). In these cases a petition shall be filed within thirty (30) days of the child being taken into custody.