During some shelter care hearings, the court may order examinations or evaluations, where appropriate.
(4) At the shelter care hearing the court shall examine the need for shelter care and inquire into the status of the case. The paramount consideration for the court shall be the health, welfare, and safety of the child. At a minimum, the court shall inquire into the following: However, if the parent is not present at the shelter care hearing, or does not agree to the case conference, the court shall not include the requirement for the case conference in the shelter care order. The service agreement may not conflict with the court's order of shelter care. You may request that a multidisciplinary team, family group conference, or prognostic staffing be convened for your child's case. You may participate in these processes with your counsel present.  Shelter Care Hearing. A. Informing of rights. Upon commencement of the hearing, the court shall ensure that: 1) a copy of the shelter care application is provided to the parties; and 2) all parties are informed of the right to counsel. B. Manner of hearing. 1) Conduct. The hearing shall be conducted in an informal but orderly manner. It is important that the court address any special needs of the child while the child is in shelter care. The childs attorney or the county agency is to present any educational, health care, and disability needs to the court, if known at the time of the hearing. Shelter care — Hearing — Recommendation as to further need — Release. (1)(a) When a child is taken into custody, the court shall hold a shelter care hearing within seventy-two hours, excluding Saturdays, Sundays, and holidays. However, if the parent is not present at the shelter care hearing, or does not agree to the case conference, the court shall not include the requirement for the case conference in the shelter care order. During some shelter care hearings, the court may order examinations or evaluations, where appropriate. For example, the court may need to authorize a prompt physical or mental examination of the child to assess the child's need for immediate treatment. Children may be required as witnesses at a shelter care hearing. Whether their testimony is included should depend upon many factors, including the age of the child, the physical and emotional condition of the child, and the potential traumatization from requiring the child to participate in the hearing. (i) The parent, guardian, or custodian has the right to a shelter care hearing; (ii) The nature of the shelter care hearing, the rights of the parents, and the proceedings that will follow; and. (iii) If the parent, guardian, or custodian is not represented by counsel, the right to be represented. However, if the parent is not present at the shelter care hearing, or does not agree to the case conference, the court shall not include the requirement for the case conference in the shelter care order. Shelter Care Law & Legal Definition. Shelter care refers to the temporary care that is given to a child in physically unrestricting facilities. It is given for a child in need of supervision. Children who are given shelter care includes: 1  children whose parents are unable to give the child necessary supervision within a reasonable time; or. 2  the juvenile who shows reluctance to return to home; or. 3  children whose parent’s refuses to give the supervision or If a child is placed in the custody of the department of social and health services or other supervising agency, immediately following the shelter care hearing, an order and authorization regarding health care and education records for the child shall be entered.  Thus as part of the shelter care order, Idaho law requires the court to determine that it is contrary to the welfare of the child to remain in the home and that it is in the best interest of the child to remain in temporary shelter care pending the adjudicatory hearing. Children may be required as witnesses at a shelter care hearing. Whether their testimony is included should depend upon many factors, including the age of the child, the physical and emotional condition of the child, and the potential traumatization from requiring the child to participate in the hearing.
http://app.leg.wa.gov/RCW/default.aspx?cite=13.34.065 http://apps.leg.wa.gov/RCW/default.aspx?cite=13.34.062 http://www.pacode.com/secure/data/237/chapter12/s1242.html http://app.leg.wa.gov/RCW/default.aspx?cite=13.34.065 http://www.isc.idaho.gov/cp/manual/CHAPTER%204-3rd%20Edition.pdf http://app.leg.wa.gov/RCW/default.aspx?cite=13.34.065 http://definitions.uslegal.com/s/shelter-care/ http://apps.leg.wa.gov/RCW/default.aspx?cite=13.34.069 http://www.isc.idaho.gov/cp/manual/CHAPTER%204-3rd%20Edition.pdf
what is a shelter care order