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 either:
(i) The department made reasonable efforts to eliminate the need for shelter care but the efforts were unsuccessful; or
(ii) The department made reasonable efforts to eliminate the need for shelter care but was not able to safely provide preventive services; 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.
The court shall issue, within twenty-four (24) hours of such hearing, a shelter care order placing the child in the temporary legal custody of the department or other authorized agency. Any evidence may be considered by the court which is of the type which reasonable people may rely upon.
(6) Upon finding reasonable cause pursuant to subsection (5)(b) of this section, the court shall 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. In addition, the court shall inquire whether there is reason to believe that the child is an Indian child.
(7) Upon entry of an order of shelter care, the court shall inquire:
(a) If the child is of school age, about the department’s efforts to keep the child in the school at which the child is currently enrolled; and
(b) If a sibling group was removed from their home, about the department’s efforts to place the siblings together, or if the department has not placed or will not be placing the siblings together, about a plan to ensure frequent visitation or ongoing interaction among the siblings, unless visitation or ongoing interaction would be contrary to the safety or well-being of one (1) or more of the siblings.
(8) If 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, the court may issue, within twenty-four (24) hours of such hearing, a protective order. Any evidence may be considered by the court that is of the type which reasonable people may rely upon.
(9) If the court does not find that the child should be placed in or remain in shelter care under subsection (5) of this section, the child shall be released.
(10) If the court does not find reasonable cause pursuant to subsection (5)(b) of this section, the court shall dismiss the petition.
History:
[(16-1615) 16-1614, added 1976, ch. 204, sec. 2, p. 740; am. 1982, ch. 186, sec. 14, p. 499; am. 1986, ch. 121, sec. 3, p. 321; am. 1989, ch. 58, sec. 1, p. 93; am. 1989, ch. 302, sec. 5, p. 757; am. 1996, ch. 272, sec. 11, p. 893; am. 2001, ch. 107, sec. 15, p. 366; am. and redesig. 2005, ch. 391, sec. 17, p. 1278; am. 2007, ch. 223, sec. 2, p. 670; am. 2016, ch. 265, sec. 2, p. 704.]