8.655 Shelter Petition, Hearing and Order

(a) Shelter Petition. If a child is to be placed in a shelter after being taken into custody for a period longer than 24 hours, the person requesting placement shall file a written petition which shall:

(1) specify the name, address, and sex of the child, or, if unknown, designate the child by any name or description by which the child can be identified with reasonable certainty;

(2) specify that the child is of an age subject to the jurisdiction of the court;

(3) state the reasons why the child needs to be placed in a shelter;

(4) recommend where the child is to be placed or the agency to be responsible for placement;

(5) be signed by the attorney for the petitioner; and

(6) include a certificate of service to all parties and their attorneys of record.

(b) Shelter Hearing.

(1) The petitioner shall make a diligent effort to notify the parent or custodian of the child and shall notify his or her attorney of record of the date, time, and place of the hearing. The petitioner shall list all parties notified of the hearing on the certificate of service on the shelter petition.

(2) The court shall conduct an informal hearing on the petition within the time period provided by law. The court shall determine at the hearing whether the criteria provided by law for placement in a shelter have been met.

(3) At the hearing all interested persons present shall have an opportunity to be heard on the criteria for placement as provided by law.

(4) The court may base its determination on a sworn complaint, testimony, or affidavit and may hear all relevant and material evidence, including oral and written reports, to the extent of its probative value even though it would not be competent at an adjudicatory hearing.

(5) The court shall advise the parties of:

(A) their right to be represented by counsel as provided by law;

(B) the reason for the child being in custody and why continued placement is requested; and

(C) their right to present placement alternatives.

(c) Shelter Order. The order shall be in writing and shall:

(1) state the name, age, and sex of the child and, if the child’s age is unknown, that the child is believed to be of an age which makes him or her subject to the jurisdiction of the court;

(2) include findings as provided by law;

(3) designate the place where the child is to be placed or the person or agency that will be responsible for this placement along with any special conditions found to be necessary;

(4) state the date and time where issued;

(5) indicate when the child shall be released from the shelter or set a review of shelter hearing within the time limits provided by law; and

(6) include a certificate of service to all parties and their attorneys of record.

(d) Release From Shelter Care. No child shall be released from shelter after a shelter order has been entered except on order of the court unless the shelter order authorizes release by the department.