CINA Emergency Shelter Care Hearings

(HB 910) Authorizes health care providers to disclose specified medical records without the authorization of persons in interest under specified circumstances.  (effective 10/1/08)

DSS may place a child in emergency shelter care before a hearing if:

• placement is required to protect the child from serious immediate danger,
• there is no parent, guardian, custodian, or other person able to provide supervision, and
• the child’s continued placement in the child’s home is contrary to the child’s welfare;

And, because of an alleged emergency situation,

• removal from the home is reasonable under the circumstances to provide for the child’s safety or
• reasonable but unsuccessful efforts have been made to prevent or eliminate the need for removal from the child’s home and as appropriate, reasonable efforts are being made to return a child to a child’s home. C & J §3-815(b); FL §5-709(c).

Continued Shelter Care

• The shelter care hearing ordinarily must be held on the same day the petition is filed. It may be postponed for good cause but not for more than 8 days after the child is removed. Rule 11-112a3.
  
• DSS must demonstrate that it made reasonable efforts to prevent removal and that continued shelter care is justified. C&J §3-815(e); FL § 5-525(d); Rule 11-112b1.
  
• The rules of evidence do not apply at shelter-care hearings. Rules 5-101(b)(11), 11-112d.
  
• Shelter care may not exceed 30 days, except that shelter care may be extended for an additional period of 30 days if the court finds it necessary. C&J §3-815(c)¬(4).

Last date legal review: 9/26/08 (PLL/M.A.J.) Contributions to current edition by Nena Villamar, Office of the Public Defender and Rhonda Lipkin, Legal Aid Bureau, Inc.