Idaho > Statewide > District Court > Child Protection Act
Shelter Care Order - Idaho
| Shelter Care Order Form. This is a Idaho form and can be used in Child Protection Act District Court Statewide . |
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Shelter Care Order IN THE DISTRICT COURT OF THE ^^^^^ JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF ^^^^^ IN THE INTEREST OF: ) Case No. ) ) SHELTER CARE ORDER ) [ ] Placing Child in Temporary Custody of IDHW ) [ ] Placing Child under Protective Supervision of ) IDHW [A Child][Children] Under Eighteen ) [ ] Placing Child in Sole Custody of ___________ Years of Age ) [ ] Scheduling the Adjudicatory Hearing ) [ ] Setting Terms of Protective Order ) The case came before the court on _____________________________, for a shelter care hearing pursuant to the Child Protective Act, Idaho Code Title 16, chapter 16. The court makes the following findings of fact, conclusions of law, and order, based on the record at the hearing. 1. a. The following parties were present for the hearing, represented by the following counsel: ___________________________________________________ _____________________________________________________________________. b. The following parties were not present for the hearing: ________________________________________________________________________ _______________________________________________________________________. c. The file shows that notice was given to ______________________ [the absent party] in the following manner: ___________________________________. [OPT] 2. This order is entered consistent with the stipulation of the parties. The court finds that all parties entered into the agreement knowingly and voluntarily, and that the stipulation has a reasonable basis in fact. 3. A petition has been filed in this case pursuant to the Child Protective Act. 4. The court has jurisdiction over this case in that the child lives or was found in the state of Idaho. hildren are not Indian 5. The child is not an Indian child [cthe meaning of the Indian Child Welfare Act, 25 U.S.C. 1901 - 1963. [ALT] 5. child The child is an Indian child [child meaning of the Indian Child Welfare Act, 25 U.S.C. 1901 to 1963. The child is a member [children are members] or is [a SHELTER CARE ORDER PAGE 1 <<<<<<<<<********>>>>>>>>>>>>> 2Tribe. The court file contains [does not contain] proof that notice has been given to the childs Indian custodian, Indian Tribe, or Secretary of the Interior, as required by the act. 6. There is reasonable cause to believe that the child comes [children come] within the jurisdiction of under the Child Protective Act, due to [abandonment] [abuse] [neglect] [homelessness] [lack of a stable home environment]. 7. a. It is contrary to the welfare of the child [children] to remain in the home pending an adjudicatory hearing in this case. It is in the best interest of the child [children] to vest legal custody of the child [children] in the Idaho Department of Health and Welfare pending the adjudicatory hearing. The safety and welfare of the child cannot be adequately safeguarded by placing the child in the temporary sole custody of a parent have joint physical or legal custody. [OPT] b. The court makes this finding based on the information set forth in _________________, prepared by ____________________, and dated ____________, which is incorporated by reference in this order. [ALT] b. The court makes this finding based on the following information: _____________________________________________________________________.] 7. The safety and welfare of the child can be adequately safeguarded by placing the child [children] under the supervision of the Idaho Department of Health and Welfare in the childs [childrens] own home. [ALT] 7. The safety and welfare of the child [children] can be adequately safeguarded by placing the child in the temporary sole custody of _______________, a parent having joint physical or legal custody. 8. a. The Idaho Department of Health and Welfare made reasonable efforts to prevent or eliminate the need for shelter care, but these efforts were not successful. b. The court makes this finding based on the information set forth in ____________________ , prepared by ______________, and dated ______________, which is incorporated by reference in this order. [ALT] b. The following efforts were made to prevent or eliminate the need for shelter care: ___________________________________________________.] [ALT] 8. a. The Idaho Department of Health and Welfares efforts to prevent removal of the child were reasonable under the circumstances where the child was removed from the home as a result of imminent danger. b. The court makes this finding based on the information set forth in ____________________ , prepared by ______________, and dated ______________, which is incorporated by reference in this order. [ALT] b. The following efforts were made to investigate the childs SHELTER CARE ORDER PAGE 2 [OPT] 9. Reasonable efforts to prevent or eliminate the need for shelter care could be affected by a protective order safeguarding the childs welfe. To adequately ar safeguard the childs welfare, the protective order should [prohibit] [require] the SHELTER CARE ORDER PAGE 2 <<<<<<<<<********>>>>>>>>>>>>> 3following: _____________________________________________________________ _____________________________________________________________________. THEREFORE, IT IS HEREBY ORDERED AS FOLLOWS: 1. The child is [children are] placed in the legal custody of the Idaho Department of Health and Welfare until the adjudicatory hearing. The date the child [children] entered shelter care is ___________________. [ALT] 1. The child is [children are] placed under the supervision of the Idaho Department of Health and Welfare ine childs [ th childrens] own home until the adjudicatory hearing. [ALT] 1. The child is [children are] placed in the sole custody of ____________ until the adjudicatory hearing. 2. The adjudicatory hearing is scheduled for [date, time, and location.] A pretrial conference is scheduled for [date, ti Health and Welfare and all parties are ordered to attend the pretrial conference and the adjudicatory hearing. 3. The Idaho Department of Health and Welfare and the Guardian Ad Litem will investigate this matter and prepare written disposition reports, as provided in Idaho Code 16-1609 and 16-1631. IDHW and the GAL will file their reports and serve copies of their reports prior to the pretrial conference. The reports will be verified or in the form of an affidavit. 4. The Idaho Department of Health and Welfare will continue to make reasonable efforts to prevent or eliminate thneed for the child [children] to be reme oved from the home.
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