TITLE 16

JUVENILE PROCEEDINGS

CHAPTER 16

CHILD PROTECTIVE ACT

16-1611.  Summons. (1) After a petition has been filed, the clerk of the court may issue a summons requiring the person or persons who have custody of the child to bring the child before the court at the adjudicatory hearing held in accordance with section 16-1619, Idaho Code. Each parent or guardian shall also be notified in the manner hereinafter provided of the pendency of the case and the time and place set for the hearing. A summons shall be issued and served requiring the appearance of each parent and legal guardian, and a summons may be issued and served for any other person whose presence is required by the child, either of his parents or guardian or any other person whose presence, in the opinion of the court, is necessary.

(2)  A copy of the petition shall be attached to each summons.

(3)  The summons shall notify each of the parents, guardian or legal custodian of their right to retain and be represented by counsel. Each parent or legal guardian of each child named in the petition shall be notified by the court of the case and of the time and place set for the hearing.

(4)  If based on facts presented to the court, it appears that the court has jurisdiction upon the grounds set forth in section 16-1603, Idaho Code, and the court finds that the child should be removed from his present condition or surroundings because continuation in such condition or surroundings would be contrary to the welfare of the child and vesting legal custody with the department or other authorized agency would be in the child’s best interests, the court shall include on the summons an order to remove the child. The order to remove the child shall specifically state that continuation in the present condition or surroundings is contrary to the welfare of the child and shall require a peace officer or other suitable person to take the child at once to a place of shelter care designated by the authorized agency which shall provide shelter care for the child.

(5)(a)  If there is reasonable cause to believe that a child would be safe in the child’s present surroundings in the sole care of one (1) parent, legal guardian, or legal custodian and neglect or abuse by another parent, legal guardian, or legal custodian is alleged, then a prosecutor or the attorney general may file a motion with the court for an order to prevent removal of the child that excludes the alleged offending parent, legal guardian, or legal custodian from the residence where the child resides. If the court finds reasonable cause to believe that such elements have been demonstrated, the court shall issue an order that shall exclude the alleged offending parent, legal guardian, or legal custodian from the dwelling where the child resides, restrain any contact or communication with the child, and restrain the alleged offending parent, legal guardian, or legal custodian from coming within one thousand five hundred (1,500) feet, or other appropriate distance, of the child until further order of the court.

(b)  A motion filed pursuant to paragraph (a) of this subsection shall be accompanied by a sworn affidavit from a law enforcement officer or the department.

(c)  A copy of an order to prevent removal along with a copy of the petition and summons shall be served on the alleged offending parent, legal guardian, or legal custodian, and all parents, legal guardians, or legal custodians shall receive notice of a hearing on whether to continue an order within forty-eight (48) hours, excluding Saturdays, Sundays, and holidays.

(d)  The court shall continue an order to prevent removal until further order of the court if, at a hearing on whether to continue the order, the prosecutor or attorney general shows:

(i)   A petition and summons have been issued pursuant to subsection (1) of this section;

(ii)  There is reasonable cause to believe the child is safe in the child’s current surroundings in the sole care of one (1) parent, legal guardian, or legal custodian but has been neglected or abused by the other parent, legal guardian, or legal custodian; and

(iii) Continuation of the order is in the child’s best interest.

(e)  Any person who fails to abide by an order to prevent removal shall be guilty of misdemeanor criminal contempt, as described in section 18-1801, Idaho Code.

History:

[(16-1611) 16-1606, added 1976, ch. 204, sec. 2, p. 736; am. 1982, ch. 186, sec. 6, p. 495; am. 1989, ch. 302, sec. 2, p. 754; am. 1996, ch. 272, sec. 5, p. 889; am. 2001, ch. 107, sec. 6, p. 357; am. and redesig. 2005, ch. 391, sec. 13, p. 1276; am. 2007, ch. 223, sec. 1, p. 669; am. 2025, ch. 165, sec. 3, p. 793.]