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Idaho Juvenile Rule 31. Emergency (Pretrial) Removal of A Child (C.P.A.)

There are four procedures under which a child may be removed from the home before the adjudicatory hearing:

 

(a)   Declaration of Imminent Danger. A child may be removed from the home by a peace officer on a declaration of imminent danger by a peace officer, without a court order, under I.C. § 16-1608(1).

 

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

 

(c)   Order Following Shelter Care Hearing. A child may be removed from the home on order of the court following a shelter care hearing under I.C. § 16-1615 and I.J.R. 39.

 

(d)   Rule 16 Expansion. 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; amended June 30, 2025, effective July 1, 2025. )

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

 

Members of the
Idaho Supreme Court

Chief Justice G Richard Bevan
Justice Robyn M. Brody
Justice Gregory W. Moeller
Justice Colleen D. Zahn
Justice Cynthia K.C. Meyer



Members of the
Idaho Court of Appeals

Chief Judge David W. Gratton
Judge Molly J Huskey
Judge Jessica M. Lorello
Judge Michael P. Tribe

 

TERMS OF OFFICE


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