Section 38-3-116 - Inquiry regarding arrested person's children and whether they will be left unattended by arrest - Policies and procedures for conducting welfare checks - Liability(a) Each law enforcement agency shall ensure that, whenever a person is arrested and taken into custody by an officer of the agency, the person is asked whether that person is the parent or legal custodian of any children that will be left unattended by the person's arrest. From this information, the officer shall determine whether the child or children will be endangered by the parent or legal custodian's absence following an arrest.(b) Each law enforcement agency shall develop policies and procedures for conducting welfare checks on any child identified under subsection (a) as endangered. A welfare check may be performed by the arresting agency or another agency responsible for ensuring the safety and welfare of children.(c) In the event the arrested person fails to inform the arresting law enforcement agency of any endangered children described in subsection (a), no arresting law enforcement agency, nor its personnel, shall be liable.