8-821. Taking into temporary custody; medical examination; placement; interference; violation; classification; definition A. A child shall be taken into temporary custody only pursuant to one of the following: 1. An order of the superior court. 2. Subsection D of this section. 3. The consent of the child’s parent or guardian. B. The superior court, on […]
8-822. Removal of child from home; rules and policies; approval; definition A. The department shall adopt rules and establish clear policies and procedures, where appropriate, to: 1. Determine the circumstances under which it is appropriate to remove a child from the custody of the child’s parents, guardian or custodian. 2. Ensure the immediate notification of […]
8-823. Notice of taking into temporary custody A. If a child is taken into temporary custody pursuant to this article, the interested person, peace officer or child safety worker taking the child into custody shall provide written notice within six hours to the parent or guardian of the child, unless: 1. The parent or guardian […]
8-824. Preliminary protective hearing; probable cause; appointment of counsel A. The court shall hold a preliminary protective hearing to review the taking into temporary custody of a child pursuant to section 8-821 not fewer than five days nor more than seven days after the child is taken into custody, excluding Saturdays, Sundays and holidays. If […]
8-825. Court determinations in preliminary protective hearing A. The court’s determination in the preliminary protective hearing may be based on evidence that is hearsay, in whole or in part, in the following forms: 1. The allegations of the petition. 2. An affidavit. 3. Sworn testimony. 4. The written reports of expert witnesses. 5. The department’s […]
8-826. Further hearings and proceedings If a parent or guardian denies the allegations at the preliminary protective hearing the court may set the date for the dependency adjudication hearing as to that parent or guardian. An initial dependency hearing shall not be held as to that parent or guardian. The court shall also schedule the […]
8-827. Background checks of adults residing in potential emergency placement homes; disqualifying criminal offenses; definitions A. If a child is removed from the custody of the child’s parent, guardian or custodian and an emergency placement is offered by an authorized tribe, an authorized tribe may request, in accordance with the procedures prescribed in 28 Code […]
8-829. Judicial determinations; timing; documentation A. If a child has been removed from the child’s home, the court shall make protecting the child from abuse or neglect the first priority and shall make the following determinations within the following time periods: 1. In the court’s first order that sanctions the removal, whether continuation of the […]
8-831. Parent’s blindness; burden of proof; specific written findings; definitions A. A court may not do either of the following: 1. Authorize the removal of a child from the child’s home based on the blindness of the child’s parent, if it is otherwise in the best interests of the child to remain in the child’s […]
