COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : : Index No. Calendar No. : Shelter Care Order JUDICIAL SUBPOENA Plaintiff(s) IN THE DISTRICT COURT OF THE ^^^^^ JUDICIAL DISTRICT OF -against: THE STATE OF IDAHO, IN AND FOR THE COUNTY OF ^^^^^ : IN THE INTEREST OF: ) Case No. : ) Defendant(s) ) SHELTER: CARE ORDER ...................................................... ) [ ] Placing Child in Temporary Custody of IDHW ) [ ] Placing Child under Protective Supervision of ) IDHW THE PEOPLE OF THE STATE OF NEW YORK ) [ ] Placing Child in Sole Custody of ___________ [A Child][Children] Under Eighteen Years of Age ) [ ] Scheduling the Adjudicatory Hearing TO ) [ ] Setting Terms of Protective Order ) GREETINGS: The case came before the court on _____________________________, for a shelter care hearing pursuant to the Child Protective Act, Idaho Code Title 16, chapter 16. TheWE COMMAND YOU, that all business and excuses being laid law, and order, based you attend before court makes the following findings of fact, conclusions of aside, you and each of on , the Honorable at the Court the record at the hearing. located at County of in room , on the day of , 20 , at o'clock in the noon, and at any recessed 1. a. The following parties were present for the hearing, represented by or adjourned date, to testify and give evidence as a witness in this action on the part of the the following counsel: ___________________________________________________ _____________________________________________________________________. b. The following parties were not present for the hearing: 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. file shows that notice was given to ______________________ c. The [the absent party] in the following manner: ___________________________________. Witness, Honorable , one of the Justices of the Court [OPT] 2. in County, day of 20 This order is entered consistent, with the stipulation of the parties. The court finds that all parties entered into the agreement knowingly and voluntarily, and that the stipulation has a reasonable basis in fact. (Attorney must sign above and type name below) 3. A petition has been filed in this case pursuant to the Child Protective Act. 4. The court has jurisdiction over this case in that the child lives or was Attorney(s) for found in the state of Idaho. 5. 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. Office and P.O. Address [ALT] 5. The child is an Indian child [children are Indian children] within the meaning of the Indian Child Welfare Act, 25 U.S.C. §§ 1901 to 1963. The child is a member [children are members] or is [are] eligible for membership in the __________ SHELTER CARE ORDER Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: PAGE 1 American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : : Index No. Calendar No. Tribe. The court file contains [does not contain] proof that notice has been given to the : child’s Indian custodian, Indian Tribe, or Secretary of the Interior, as required by the act. JUDICIAL SUBPOENA Plaintiff(s) -against- 6. There is reasonable cause to believe that :the child comes [children come] within the jurisdiction of under the Child Protective Act, due to [abandonment] [abuse] : [neglect] [homelessness] [lack of a stable home environment]. : 7. a. It is contrary to the welfare of the child [children] to remain in the Defendant(s) home pending an adjudicatory hearing in this case. 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 pending the adjudicatory hearing. The safety and welfare of the child cannot be adequately safeguarded by placing the child in the temporary sole custody of a parent have joint physical or legal NEW YORK THE PEOPLE OF THE STATE OFcustody. [OPT] b. The court makes this finding based on the information set forth in TO _________________, prepared by ____________________, and dated ____________, which is incorporated by reference in this order. [ALT] b. The court makes this finding based on the following information: _____________________________________________________________________.] GREETINGS: 7. The safety and welfare of the child can be adequately safeguarded by WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before placing the child [children] under the supervision of the Idaho Department of Health and , the Honorable at the Court Welfare in the child’s [children’s] own home. located at County of [ALT] 7. , onThe safety and welfare of the child, [children]o'clock in the can be adequately in room the day of , 20 at noon, and at any recessed safeguarded by placing give evidence as a witness sole action on the part of the or adjourned date, to testify andthe child in the temporaryin thiscustody of _______________, a parent having joint physical or legal custody. 8. a. The Idaho Department of Health and Welfare made reasonable Your prevent or eliminate the need for is punishable as a contempt of were not efforts tofailure to comply with this subpoena shelter care, but these effortscourt 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 successful. result of your failure to comply. b. The court makes this finding based on the information set forth in ____________________ , prepared by ______________, and dated ______________, Witness, Honorable , one of the Justices of the which is incorporated by reference in this order. Court [ALT] in County,The following efforts were made to prevent or eliminate the need day of , 20 b. for shelter care: ___________________________________________________.] [ALT] 8. a. The Idaho Department of Health and Welfare’s efforts to prevent removal of the child were reasonable under the circumstances where abovechild was below) (Attorney must sign the and type name removed from the home as a result of imminent danger. b. The court makes this finding based on the information set forth in ____________________ , prepared by ______________, and dated ______________, Attorney(s) for which is incorporated by reference in this order. [ALT] b. The following efforts were made to investigate the child’s circumstances and determine the need for removal of the child: ___________________.] Office and P.O. Address [OPT] 9. Reasonable efforts to prevent or eliminate the need for shelter care could be affected by a protective order safeguarding the child’s welfare. To adequately safeguard the child’s welfare, the protective order should [prohibit] [require] the SHELTER CARE ORDER 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. following: _____________________________________________________________ : _____________________________________________________________________. JUDICIAL SUBPOENA Plaintiff(s) -against- : THEREFORE, IT IS HEREBY ORDERED AS FOLLOWS: 1. The child is [children are] placed in the legal custody of the Idaho : Department of Health and Welfare until the adjudicatory hearing. The date the child [children] entered shelter care is ___________________. : [ALT] 1. The child is [children are] placed under the supervision of the Idaho Defendant(s) Department of Health and Welfare in the child’s [children’s] own home until the : ...................................................... adjudicatory hearing. [ALT] 1. The child is [children are] placed in the sole custody of ____________ until the adjudicatory hearing. THE PEOPLE OF THE STATE OF NEW YORK 2. The adjudicatory hearing is scheduled for [date, time, and location.] A TO pretrial conference is scheduled for [date, time, and location]. The Idaho Department of Health and Welfare and all parties are ordered to attend the pretrial conference and the adjudicatory hearing. GREETINGS: 3. The Idaho Department of Health and Welfare and the Guardian Ad Litem will investigate this matter and prepare written disposition reports, as provided in Idaho WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before Code §§ 16-1609 and 16-1631. IDHW and the GAL will file their reports and serve , the Honorable at the Court copies of their reports prior to theat located pretrial conference. The reports will be verified or in County of the in room form of an affidavit. day of , on the , 20 , 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 4. The Idaho Department of Health and Welfare will continue to make reasonable efforts to prevent or eliminate the need for the child [children] to be removed from the home. The parents will cooperate with IDHW and the GAL to prevent or Your failure to comply child [children] is punishable as a contempt of court and will make you liable to eliminate the need for thewith this subpoenato be removed from the home. 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. [OPT] 5. [Protection Order] Witness, [Other] [OPT] 6. Honorable Court in County, , one of the Justices of the day of , 20 DATED this _____ day of ____________________, 20___. (Attorney must sign above and type name below) ______________________________ Magistrate Judge NOTES: Attorney(s) for 1. The Shelter Care Hearing is governed by Idaho Code § 16-1614 and IJR 31. The shelter care hearing is discussed in Chapter IV of the Idaho Child Protection Manual. Office and P.O. Address The necessary fact supporting the filing of a child protection case are discussed in § III.D. Idaho Juvenile Rule 31 governs the shelter care hearing. 2. Regarding finding 1: SHELTER CARE ORDER 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. If a parent, guardian or other custodian fails to appear, the order should include : findings as to whether notice Plaintiff(s) protection action and shelter care of the child JUDICIAL SUBPOENA hearing was served on the person who failed to appear. If further efforts are -against: needed to serve a parent, guardian or other custodian, this should be addressed in the order. If the state is unable to locate a child’s parent, the court should require : the state to document the efforts made to locate the parent. Notice of the child protection action and shelter care hearing is discussed in the Idaho Child : Protection Manual at §§ III.C.1 and 2. Defendant(s) : ...................................................... 3. Regarding finding 5: The court should determine whether the child is an Indian child within the meaning of the Indian Child Welfare Act as early as possible in the proceedings. If the child is an OF NEW YORK THE PEOPLE OF THE STATEIndian child, the court should ensure that notice is given in accordance with the act as early as possible in the proceedings, and ensure that the TO court file contains documentation of notice in accordance with the act. ICWA is discussed throughout the Idaho Child Protection Manual. ICWA concerns with regard to the Shelter Care Hearing are discussed at § IV.B.4. ICWA’s requirements are discussed more detail in § VI.A.1. GREETINGS: 4. Regarding finding 6: WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before case , the HonorableThe grounds for a child protection at the are discussed in the Idaho Child Court Protection Manual in § III.D. The key Decisions to be made by the court located at County of regarding these grounds are discussed in §, IV.D.2 o'clock in the in room , on the day of , 20 at noon, and at any recessed or adjourned date, to testify and give evidence as a witness in this action on the part of the 5. Regarding finding 7: State law requires the court to determine that it is contrary to the best interest of the child to return the child home before placing the child in temporary shelter Your failure to comply with this require the court to makeaacontempt of court and will make you liable to care. Federal regulations subpoena is punishable as case-specific finding, the party on whose behalf thisthe court record, that foris contrary to the best interest of the child sustained as a documented in subpoena was issued it a maximum penalty of $50 and all damages result of your failure to comply. to return the child home, in the first order of removal of the child from the home. 45CFR § 1356.21(c). So sub-paragraph b is required only if the shelter care order Witness, Honorable sanctioning removal of the child from the, home. the Justices of is one of This finding the is the first order Court in County, day of , 20 discussed in the Idaho Child Protection Manual at § IV.D.4. Failure to make this finding will result in the loss of federal funding for the child. (Attorney to make the and type name below) Failure to make this finding cannot be corrected later must sign above child eligible for the funding. The finding cannot be a simple recitation of the language of the statute. If the order is entered based on a stipulation, then the finding can be based on information documented in the courtAttorney(s) foras the verified petition record, such and supporting affidavit. If the matter is contested, the court must make casespecific findings based on the evidence at the hearing, and those findings must be documented in the order, or in a transcript of the hearing where the court made case-specific findings on the record. Office and P.O. Address In addition, the court should inquire regarding IDHW’s proposed placement for the child, to ensure that it will be the least disruptive placement available (the Telephone No.: SHELTER CARE ORDER Facsimile No.: E-Mail Address: Mobile Tel. No.: PAGE 4 American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : : Index No. Calendar No. most family-like setting that meets the needs of the child), in accordance with : Idaho Code § 16-1623(k). This is a factor in determining whether it SUBPOENA JUDICIAL is in the Plaintiff(s) child’s best interest to vest legal custody in IDHW. The court does not, however, -against: have authority to order a specific placement for a child placed in IDHW custody. See Idaho Code §16-1623(i). : 6. Regarding finding 8: : Finding 8 is necessary only if the child will be placed in temporary shelter care. Defendant(s) : ...................................................... Under the CPA, the court must find that reasonable efforts were made to prevent the removal of the child from the home. This same finding must be made under the federal regulations. The only exception is where the court finds aggravated circumstances, but that finding is THE PEOPLE OF THE STATE OF NEW YORK usually not made until the adjudicatory hearing. Aggravated Circumstances are discussed in the Idaho Child Protection Manual TO at §III.D.8. Even where reasonable efforts to prevent removal were not possible because the child was removed as a result of an emergency, the court should review the GREETINGS: agency’s actions and make a finding that they were reasonable under the circumstances. WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before , the Honorable at the Court Recommended best practices is to make a finding that complies with the federal located at County of regulations at the day of care hearing. Under federal regulations, the reasonable any recessed shelter in room , on the , 20 , at o'clock in the noon, and at efforts to prevent removal finding witness in this action on the part after or adjourned date, to testify and give evidence as a has to be made within 60 days of the the child is removed from the home, which would usually be at the adjudicatory hearing. But in some cases, the adjudicatory hearing might not happen within 60 days after the child is removed from the home. If the finding is made at the shelter care hearing, Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to then the federal requirement is met. 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. The finding should be case-specific; it should not be a simple recitation of the language of the statute. If the order is entered based on a stipulation, then the Witness, Honorable based on information documented in the court record, Justices of the , one of the such as the finding can be Court in day of , 20 verifiedCounty, and supporting affidavit. If the matter is contested, the court petition should make case-specific findings based on the evidence at the hearing, and those findings should be documented either in the order, or in a transcript of the (Attorney must sign above hearing where the court made case-specific findings on the record.and type name below) The case specific reasonable efforts finding is discussed in the Idaho Child Protection Manual at § IV.D.7. Attorney(s) for 6. Regarding paragraph 1 of the order: The date the child entered shelter care is the date theand P.O. Address Office child was removed from the home, whether it was pursuant to an emergency declaration of imminent danger, an endorsement on summons, or a shelter care order. Federal regulations set a number of critical deadlines that run from the Telephone No.:entered foster care. date the child SHELTER CARE ORDER Facsimile No.: E-Mail Address: Mobile Tel. No.: PAGE 5 American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : : Index No. Calendar No. This date should be set forth in the order for ease of reference later in the : proceedings. JUDICIAL SUBPOENA Plaintiff(s) -against- : 7. Regarding paragraph 2 of the order: : The adjudicatory hearing must be set for a date within 30 days after the date the CPA petition was filed, and the pretrial conference must be within 3 to 5 days : prior to the adjudicatory hearing. Idaho Code §16-1608. Defendant(s) : ...................................................... 8. Regarding paragraph 5 of the order (“other”): The order should include any other matters that need to be addressed to provide for the welfare of the child, to promote resolution of the case or to ensure that the THE PEOPLE OF THE STATE OF NEW YORK parties are ready for the adjudicatory hearing. For example: TO ___ Other parties who need to be served and joined (other parent, Indian tribe) ___ Orders needed for examination, evaluation, other services, pending the adjudicatory hearing ___ Orders needed for release of information (medical records, school records) GREETINGS: ___ Other persons to be summoned for the adjudicatory hearing ___ Paternity testing WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before ___ Potential for mediation , the Honorable at the Court ___ Transport orders (if a parent is in jail or prison, if child is in detention or located at County of in room , onjuvenile corrections) the day of , 20 , 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 Last Updated May 21, 2002. Click http://www2.state.id.us/judicial/material.htm for updates 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 SHELTER CARE ORDER Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: PAGE 6 American LegalNet, Inc. www.USCourtForms.com