ID H0464

Peace officers must consult with the Department of Health and Welfare prior to taking a child into shelter care during emergency removal situations.

A child may be taken into shelter care without a court order only when endangered in their surroundings and prompt removal is necessary to prevent serious physical or mental injury, or when the child is abandoned.

Children taken into shelter care may be held for a maximum of 48 hours, excluding weekends and holidays, unless a shelter care hearing is held and the court orders an adjudicatory hearing.

Alleged offenders may be removed from a child's home without a court order only when the child is endangered and prompt removal is necessary to prevent serious physical or mental injury.

When an alleged offender is removed from the home, the Department of Health and Welfare must file a motion with a sworn affidavit simultaneously with the petition, and a shelter care hearing must be held within 24 hours, excluding weekends and holidays.