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Idaho Juvenile Rule 31. Emergency (Pretrial) Removal of A Child and/or Offender (C.P.A.)

There are four procedures pursuant to which a child or an alleged offender may be removed from the home prior to the adjudicatory hearing:

 

(a)   A child or an alleged offender may be removed from the home by a peace officer upon a declaration of imminent danger by a peace officer, without prior court order, pursuant to I.C. ß 16-1608(1).

 

(b)   A child may be removed from the home by a summons with an order of removal by the court, pursuant to I.C. ß 16-1611(4) and I.J.R. 34.

 

(c)   A child may be removed from the home upon order of the court following a shelter care hearing pursuant to I.C. ß 16-1615 and I.J.R. 39.

 

(d)   A child may be removed from the home and placed in shelter care upon order of the court when the court expands a J.C.A. proceeding to a C.P.A. proceeding pursuant to I.J.R. 16.

 

(Revised Rule 31 - adopted August 21, 2006; amended April 26, 2007, effective July 1, 2007. )

As the Third Branch of Government, we provide access to justice through the timely, fair, and impartial resolution of cases.

 

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Idaho Supreme Court



Members of the
Idaho Court of Appeals

 

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