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. )