COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : Index No. : Calendar No. Petition Under Child ProtectivePlaintiff(s) Act : JUDICIAL SUBPOENA -against- : IN THE DISTRICT COURT OF THE ^^^^ JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF ^^^^ : In the Interest of: ) Case No.: : ) Defendant(s) : CHILD’S NAME ) PETITION UNDER THE ...................................................... [CHILD’S NAME] ) CHILD PROTECTIVE ACT ) [AND MOTION FOR A child under eighteen years of age. ) ENDORSEMENT ON SUMMONS] THE PEOPLE OF THEeighteen OF NEW age.] [Children under STATE years of YORK ) [AND MOTION FOR ________________________________ ) PROTECTION ORDER] TO 1. This petition is filed by _______________, [ _______________ County Prosecutor] [Deputy Prosecutor for _______________ County][Deputy Attorney General]. GREETINGS: This YOU, that all business to excuses being the child is [children of you WE 2. COMMAND petition asks the courtanddetermine thatlaid aside, you and eachare] attend before within the , the Honorable jurisdiction of the Child Protective Act, Idaho Code Title 16, chapter 16. The at the Court child located at County of is [children are] abused, abandoned, neglected, homeless, or lacks [lack] a stable home environment. The day ofwhich bring, the child [children] within the jurisdiction of any recessed facts in room , on the 20 , at o'clock in the noon, and at the Child Protective and (including the a witness each action [are part of the or adjourned date, to testify Act give evidence asactions of in thisparent)on thedescribed in the Affidavit of _________________, dated __________, which is attached to and incorporated in this petition] [are as follows: _________________________________ ]. Your failure The child is [children are] not punishablein shelter care. court and will make you liable to to comply with this subpoena is currently as a contempt of 3. the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a [ALT] 3. The child is [children are] not currently in shelter care. This petition asks result of your failure to comply. for an endorsement on the summons pursuant to Idaho Code §16-1606. This petition asks that the endorsement order a peace officer or other suitable person to immediately , one of takeWitness, Honorable to a place of shelter care. This petition asks the the Justices of the the child [children] court to Court schedule a shelter care hearing, to determine whether the child [children] should be in County, day of , 20 placed in shelter care pending a full hearing in this case. [ALT] 3. a. The child is [children are] currently in shelter care. The type and (Attorney must sign above in type name below) nature of shelter care is foster care. The child was [children were] placed and shelter care on _______________ at __________ [a.m.] [p.m.]. It was necessary to place the child [children] in shelter care [for the reasons described in the Affidavit of ______________, dated __________, which is attached to and incorporated in this petition] [because ___ Attorney(s) for ____________________________________________________________________ ]. This petition asks the court to schedule a shelter care hearing, to determine whether there is reasonable cause to believe the child is [children are] within the purview of the Child Protective Act, and to determine whether the child [children] should Address in shelter Office and P.O. be placed care pending a hearing on this petition. b. The child’s [children’s] mother of was notified of the placement on _________ by ___________________________. Telephone No.: PETITION UNDER CHILD PROTECTIVE ACT Facsimile No.: E-Mail Address: Mobile Tel. No.: PAGE 1 American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : : Index No. Calendar No. [ALT] b. The child’s [children’s] mother has not been notified of the : placement, because ____________________________________________________. JUDICIAL SUBPOENA Plaintiff(s) c. The child’s [children’s] father was notified of the placement on -against: __________ by ____________________________. [ALT] c. The child’s [children’s] father has not been notified of the : placement because ______________________________________________________________. : d. The child’s guardian or other legal custodian was notified of the Defendant(s) placement on __________ by ________________________. : ...................................................... [ALT] d. The child’s guardian or other legal custodian was not notified of the placement because __________________________________________________. [ALT] d. The child has no guardian or other legal custodian. THE PEOPLE OF THE STATE OF NEW YORK 4. This petition asks that the child [children] be placed in the legal custody of TO the Idaho Department of Health and Welfare or other authorized agency. This petition asks the court to schedule an adjudicatory hearing on this petition. This petition further asks the court to order the parent(s) to pay a reasonable amount each month for the support of the child [children] while the child is [children are] in the legal custody of the GREETINGS: Idaho Department of Health and Welfare or other authorized agency. [ALT] 4. This petition asks that the child [children] be placed under the protective WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before supervision of the Idaho Department of Health and Welfare in the child’s own home. , the Honorable at the Court This petition asks the court to schedule an adjudicatory hearing on this petition. located at County of in room , on the day of , 20 , at o'clock in the noon, and at any recessed 5. The and was [children a witness in this action on the part of the or adjourned date, to testifychildgive evidence aswere] removed from the home, and/or the petition asks that the child [children] be removed from the home. a. It is contrary to the welfare of the child [children] to remain in the home. It is in the best interest of the child [children] to vest legal custody of the child Your failure to comply with this subpoena is and Welfare or other authorized agency [for [children] in the Idaho Department of Health punishable as a contempt of court and will make you liable to the party on whose behalf this subpoena was issued for a maximum penalty ofdated __________, sustained as a the reasons described in the Affidavit of _____________________, $50 and all damages result of your failure to comply. which is attached to and incorporated in this petition] [because: ___________________ _____________________________________________________________________.] Witness, Honorable Reasonable efforts were made prior to removal of the Justices of the , one of the child b. Court [children] to prevent the need to of in County, day remove the child [children] from the home. The efforts , 20 to prevent removal [are described in the Affidavit of ____________, dated __________, which is attached to and incorporated in this petition] [were as follows: ______________ ____________________________________________________________________below) (Attorney must sign above and type name ]. [ALT] 5. The child was [children were] removed from the home, and/or the petition asks that the child [children] be removed from the home. a. It is contrary to the welfare of the child [children] to remain in the Attorney(s) for home. It is in the best interest of the child [children] to vest legal custody of the child [children] in the Idaho Department of Health and Welfare or other authorized agency [for the reasons described in the Affidavit of ____________________, dated __________, which is attached to and incorporated in this petition]Office and P.O. Address [because: ___________________ _____________________________________________________________________.] PETITION UNDER CHILD PROTECTIVE ACT Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: PAGE 2 American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : : Index No. Calendar No. b. Reasonable efforts to prevent removal of the child [children] from : the home were not made because thePlaintiff(s) parent [parents] subjected the child [children] to JUDICIAL SUBPOENA aggravated circumstances. -against: c. This petition asks the court to determine that the parent [parents] subjected the child [children] to aggravated circumstances. The aggravated : circumstances [are described in the Affidavit of _______________, dated __________, which is attached to and incorporated in this petition] [are as follows: _______________ : ____________________________________________________________________ ]. Defendant(s) : ...................................................... 6. The name, birthdate, sex, and residence address of [the child] [each child] are __________________________________________________________________. [ALT] 6. At this time, the [name] [birthdate] [residence address] of the child [children] is unknown, but the child was THE PEOPLE OF THE STATE OF NEW YORK[children were] found within the State of Idaho, in _______________ County.] TO 7. a. The name and residence address of the child’s [children’s] mother are __________________________________________. [ALT] a. At this time, the [name] [residence address] of the child’s GREETINGS: [children’s] mother cannot be determined. b. The name and residence address of the child’s [children’s] father WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before are ___________________________________________. , the Honorable at the Court [ALT] b. At this time, the [name] [residence address] of child’s [children’s] located at County of father cannoton the in room , be determined. of day , 20 , at o'clock in the noon, and at any recessed c. There evidence as a witness in sole or joint legal custody or adjourned date, to testify and give is no other person withthis action on the part of the of the child [children]. [ALT] c. At this time, it cannot be determined if there is any other person with sole or joint legal custody of the child [children]. Your to [ALT] failure c. comply with thisand residence address of each other of court withwill make you liable to The name subpoena is punishable as a contempt person and sole or the party on whose behalf of the child [children] are __________________________________. sustained as a this subpoena was issued for a maximum penalty of $50 and all damages joint legal custody result of your failure to comply. d. There is no other guardian or custodian of the child. [ALT] d. The name and residence address of the child’s [children’s] Witness, Honorable , one of the Justices of guardian or other custodian are __________________________________________. the Court in County,At this time, no parent, guardian, or other custodian of the child day of , 20 e. [children] can be found within the state. The name and residence address of an adult relative of the child [children], who is residing within the state, are _________________. [ALT] e. At this time, no parent, guardian or other custodian, ortype name below) (Attorney must sign above and any adult relative, can be found within the state. 8. A court has not adjudicated the custodial rights offor child’s [children’s] Attorney(s) the parents. [ALT] 8. A court has adjudicated the custodial rights of the child’s [children’s] parents, and the custodial status of the [each] child is _______________________. [ALT] 8. At this time, it cannot be determined whetherand P.O. has adjudicated the Office a court Address custodial rights of the child’s [children’s] parents. PETITION UNDER CHILD PROTECTIVE ACT Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: PAGE 3 American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : : Index No. Calendar No. 9. The child is not an Indian child [children are not Indian children] within the meaning of the Indian Child Welfare Act, 25 U.S.C.:§§ 1901 – 1963. SUBPOENA JUDICIAL Plaintiff(s) [ALT] 9. At the present time, it cannot be determined whether the child is an Indian -against: child [children are Indian children] within the meaning of the Indian Child Welfare Act, 25 U.S.C. §§ 1901 – 1963. : [ALT] 9. The child is an Indian child [children are Indian children] within the meaning of the Indian Child Welfare Act, 25 U.S.C. §§ : 1901 – 1963. The Indian tribe in which the child is a member [children are members], or in which the child is eligible to be a member [children are eligible toDefendant(s) is [name of Tribe]. be members], : ...................................................... [ALT] 9. The child is an Indian child [children are Indian children] within the meaning of the Indian Child Welfare Act, 25 U.S.C. §§ 1901 - 1963. At the present time, the Indian tribe in which the child is a member [children are members], or in which the child is OF THE STATE OF NEW YORK THE PEOPLEeligible to be a member [children are eligible to be members], cannot be determined. TO 10. There are no other children living at or having custodial visitation at the home where the injury occurred to the child [children] named above. [ALT] 10. The name, birthdate, sex, and residence address of all other children living GREETINGS: at or having custodial visitation at the home where the injury occurred to the child [children] named above are _______________________________________________. WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before [ALT] 10. At this time, the [name] [birthdate] [sex] [residence address] of other , the Honorable at the Court children living at or having custodial visitation at the home where the injury occurred to located at County of the in room child [children] named above cannot be20 , on the day of , determined. , at o'clock in the noon, and at any recessed or adjourned date, to testify and give evidence as a witness in this action on the part of the 11. As to the child [children] listed in paragraph 10: a. The name and residence address of the child’s [children’s] mother are _______________________________. Your to [ALT] failure a. comply with this subpoena is punishable as address] of of court and will make you liable to At this time, the [name] [residence a contempt the child’s the party on whosemother this subpoena was issued for a maximum penalty of $50 and all damages sustained as a [children’s] behalf cannot be determined. result of your failure to comply. b. The name and residence address of the child’s [children’s] father are _________________________________. Witness, Honorable At this time, the [name] [residence address] one of the Justices of the , of the child’s [ALT] b. Court [children’s] father cannot be day of in County, , 20 determined. c. There is no other person with sole or joint legal custody of the child [children]. (Attorney there is any other name below) [ALT] c. At this time, it cannot be determined ifmust sign above and typeperson with sole or joint legal custody of the child [children]. [ALT] c. The name and residence address of each other person with sole or joint legal custody of the child [children] are __________________________________. Attorney(s) for 12. There is no legal document controlling the status of any child listed above (including but not limited to a divorce decree, stipulation or parenting agreement). [ALT] 12. There is a legal document controlling the custodial status of a child listed Office and P.O. Address above (including but not limited to a divorce decree, stipulation or parenting agreement), further described as follows: ____________________________________. PETITION UNDER CHILD PROTECTIVE ACT Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: PAGE 4 American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : : Index No. Calendar No. [At this time, it cannot be determined whether there are other legal documents controlling : the custodial status of any child listed above.] JUDICIAL SUBPOENA Plaintiff(s) [ALT] 12. At this time, it cannot be determined whether there are any legal -against: documents controlling the custodial status of any child listed above (including but not limited to a divorce decree, stipulation or parenting agreement). : 13. This petition asks that the court appoint a guardian ad litem for the child : and an attorney for the guardian ad litem, or an attorney for the child, pursuant to Idaho Defendant(s) Code §16-1618. : ...................................................... [ALT] 14. The alleged offender has been removed from the children’s home pursuant to Idaho Code §16-1612. This petition asks that the court enter a protection order pursuant to THE Code 16-1612(c), prohibiting the alleged offender from returning to THE PEOPLE OF IdahoSTATE§OF NEW YORK the home until otherwise ordered by the court. This petition asks the court to schedule a TO shelter care hearing, to determine whether to issue a protection order. DATED this _____ day of _______________, 20___. GREETINGS: WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before ____________________________ , the Honorable at the Court Name located at County of in room , on the day of , 20 , at Title (PA, DPA, theDAG) o'clock in or noon, and at any recessed or adjourned date, to testify and give evidence as a witness in this action on the part of the Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a result of your failure to comply. Witness, Honorable Court in County, , one of the Justices of the day of , 20 (Attorney must sign above and type name below) Attorney(s) for Office and P.O. Address PETITION UNDER CHILD PROTECTIVE ACT Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: PAGE 5 American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : Index No. : STATE OF IDAHO County of _____________ -against- ) ) ss. Plaintiff(s) ) Calendar No. : JUDICIAL SUBPOENA : I, _______________, being duly sworn upon oath, state that I am : _________________________, that I have read the statements in this petition, and the statements are true or are based on information and belief as stated in this petition. : Defendant(s) : ...................................................... _____________________________ [Name] THE PEOPLE OF THE STATE OF NEW YORK Subscribed and sworn before me this _____ day of _______________, 20___. TO _______________________________ GREETINGS: Magistrate Judge [ALT] WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before , the Honorable at the Court _______________________________ located at County of Public for Idaho noon, and at any recessed in room , on(seal) the day of , 20 , atNotary o'clock in the My commission expires: or adjourned date, to testify and give evidence as a witness in this action on the part of the NOTES: Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to the party Idaho Code §16-1605 directlywas issued for a maximum child protection case..damages sustained as a 1. on whose behalf this subpoena governs the petition in a penalty of $50 and all result of your failure to comply. 2. Alternative language is provided to address varying situations, and is marked in Witness, Honorable , one of the Justices of the brackets, or is preceded by [ALT]. Court in County, day of , 20 3. All of the information required by the form is required by the statute. If any of the information cannot be determined, the petition must say so – the space for the (Attorney must sign above and type on information cannot be left blank. Also, information in the petition may be basedname below) information and belief, but the petition (or an affidavit incorporated by reference in the petition) must state the basis for the information and belief. Attorney(s) for 4. This form allows the motion for endorsement on summons and the motion for protection order to be included in the petition. This avoids the preparation and filing of multiple documents that repeat the same information. Office and P.O. Address 5. The child protection petition is discussed in the Idaho Child Protection Manual at §III.B.1. The social worker’s affidavit is discussed at §III.B.2. The facts supporting the fining of a CPA action are discussed in § III.D. Telephone No.: PETITION UNDER CHILD PROTECTIVE ACT Facsimile No.: E-Mail Address: Mobile Tel. No.: PAGE 6 American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : Index No. : Plaintiff(s) Calendar No. : JUDICIAL SUBPOENA 6. Written, case-specific findings of best interests/contrary to the welfare. Idaho Code § -against: 16-1606(d) requires the court to make written findings that removal of the child from the home is in the child’s best interests and that remaining in the home would be contrary to : the child’s welfare. Federal law requires these same findings to be made in the first court order sanctioning removal of the child from the home. 45 C.F.R. § 1356.21 (c)&(d). In a : case in which the child is removed pursuant to an endorsement on summons, the first Defendant(s) order sanctioning removal is the order granting the endorsement. The court’s order may : ...................................................... recite the specific factual basis for the finding or it may refer to and cross-reference other documents as the basis for the finding. Failure to make this winding will result in the lass of federal IV-E funding for the child. See Idaho Child Protection Manual Chapter IV. THE PEOPLE OF THE STATE OF NEW YORK 7. Written case-specific findings of reasonable efforts to prevent removal. Federal law TO requires that the court make written, case-specific findings that the state made reasonable efforts to prevent removal of the child from the home within the first 60 days after removal. 45 C.F.R. § 1356 (c)&(d). If these findings are not made during the 60 day time period, the child’s IV-E funding is jeopardized. Idaho law requires that these GREETINGS:be made at the shelter care hearing and at the adjudicatory hearing. Idaho Code finding §§ 16-1614(e)(4)&(5) and 16-1608 (e). The best practice is to begin establish the record WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before regarding the agency’s efforts at each stage of the process. Thus findings should be made , the Honorable at the Court at the time endorsement islocated at regarding the agency’s efforts to prevent placement. ordered, County of in room , on the day of , 20 , at o'clock in the noon, and at any recessed Last Updated May 21, 2002. Click http://www2.state.id.us/judicial/material.htm for updates or adjourned date, to testify and give evidence as a witness in this action on the part of the Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a result of your failure to comply. Witness, Honorable Court in County, , one of the Justices of the day of , 20 (Attorney must sign above and type name below) Attorney(s) for Office and P.O. Address PETITION UNDER CHILD PROTECTIVE ACT Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: PAGE 7 American LegalNet, Inc. www.USCourtForms.com