The remand in custody of a person who, during questioning by the investigating judge prior to referral to the liberty and custody judge, makes it known that that he/she has sole parental authority over a minor of no more than sixteen years of age residing with him/her may not be ordered without one of the services or persons referred to in the seventh paragraph of article 81 having first been instructed to seek and propose any measures likely to prevent the health, safety and morals of the minor from being endangered or the conditions of his/her education from being seriously compromised.
The provisions of this article shall not apply in the event of a crime, an offence committed against a minor or failure to comply with the obligations of judicial supervision.