2005 Idaho Code - 16-1615 — SHELTER CARE HEARING

                                  TITLE  16
                             JUVENILE PROCEEDINGS
                                  CHAPTER 16
                             CHILD PROTECTIVE ACT
    16-1615.  SHELTER CARE HEARING. (1) Notwithstanding any other provision of
this chapter, when a child is taken into shelter care pursuant to section
16-1608 or 16-1611, Idaho Code, a hearing to determine whether the child
should be released shall be held according to the provisions of this section.
    (2)  Each of the parents or custodian from whom the child was removed
shall be given notice of the shelter care hearing. Such notice shall include
the time, place, and purpose of the hearing; and, that such person is entitled
to be represented by legal counsel. Notice as required by this subsection
shall be given at least twenty-four (24) hours before the shelter care
hearing.
    (3)  Notice of the shelter care hearing shall be given to the parents or
custodian from whom the child was removed by personal service and the return
of service shall be filed with the court and to any person having joint legal
or physical custody of the subject child. Provided, however, that such service
need not be made where the undelivered notice is returned to the court along
with an affidavit stating that such parents or custodian could not be located
or were out of the state.
    (4)  The shelter care hearing may be continued for a reasonable time upon
request by the parent, custodian or counsel for the child.
    (5)  If, upon the completion of the shelter care hearing, it is shown
that:
    (a)  A petition has been filed; and
    (b)  There is reasonable cause to believe the child comes within the
    jurisdiction of the court under this chapter and that reasonable efforts
    to prevent the placement of the child in shelter care could not be
    provided because of the immediate danger to the child or were provided but
    were not successful in eliminating the need for foster care placement of
    the child; and
    (c)  The child could not be placed in the temporary sole custody of a
    parent having joint legal or physical custody; and
    (d)  It is contrary to the welfare of the child to remain in the home; and
    (e)  It is in the best interests of the child to remain in temporary
    shelter care pending the conclusion of the adjudicatory hearing; or
    (f)  There is reasonable cause to believe that the child comes within the
    jurisdiction of the court under this chapter, but a reasonable effort to
    prevent placement of the child outside the home could be affected by a
    protective order safeguarding the child's welfare and maintaining the
    child in his present surroundings; the court shall issue, within
    twenty-four (24) hours of such hearing, an order of temporary legal
    custody  and/or a protective order. Any evidence may be considered by the
    court which is of the type which reasonable people may rely upon.
    (6)  Upon ordering shelter care pursuant to subsection (5) of this
section, the court shall also order an adjudicatory hearing to be held as soon
as possible, but in no event later than thirty (30) days from the date the
petition was filed.
    (7)  If the court does not find that the child should remain in shelter
care under subsection (5) of this section, the child shall be released and the
court may dismiss the petition.