2005 Idaho Code - 16-1623 — AMENDED DISPOSITION -- REMOVAL DURING PROTECTIVE SUPERVISION

                                  TITLE  16
                             JUVENILE PROCEEDINGS
                                  CHAPTER 16
                             CHILD PROTECTIVE ACT
    16-1623.  AMENDED DISPOSITION -- REMOVAL DURING PROTECTIVE SUPERVISION.
(1) Where the child has been placed under the protective supervision of the
department pursuant to section 16-1619, Idaho Code, the child may be removed
from his or her home under the following circumstances:
    (a)  A peace officer may remove the child where the child is endangered in
    his surroundings and prompt removal is necessary to prevent serious
    physical or mental injury to the child; or
    (b)  The court has ordered, based upon facts presented to the court, that
    the child should be removed from his or her present conditions or
    surroundings because continuation in such conditions or surroundings would
    be contrary to the welfare of the child and vesting legal custody in the
    department or other authorized agency would be in the child's best
    interests.
    (2)  Upon removal, the child shall be taken to a place of shelter care.
    (3)  When a child under protective supervision is removed from his home, a
hearing shall be held within forty-eight (48) hours of the child's removal
from the home. At the hearing, the court shall determine whether to vest legal
custody in the department or other authorized agency pursuant to section
16-1619(5)(b), Idaho Code.
    (4)  In determining whether to vest legal custody in the department or
other authorized agency, the court shall consider any information relevant to
the redisposition of the child, and in any event shall make detailed written
findings based upon facts in the record as required by section 16-1619(6),
Idaho Code.
    (5)  An order vesting legal custody with the department or other
authorized agency under this section shall be treated for all purposes as if
such an order had been part of the court's original decree under section
16-1619, Idaho Code. The department shall prepare a written case plan and the
court shall hold a case plan hearing within thirty (30) days pursuant to
section 16-1621, Idaho Code.
    (6)  Each of the parents or legal guardians from whom the child was
removed shall be given notice of the redisposition hearing in the same time
and manner as required for notice of a shelter care hearing under section
16-1615(2) and (3), Idaho Code.
    (7)  The redisposition hearing may be continued for a reasonable time upon
the request of the parties.