Legal Hearing Checklist

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					           SHELTER HEARING CHECKLIST
Taking Children into Custody § 39.401           Placement
Probable cause must exist that:                  Placement pending adjudication
  Child abused, abandoned or neglected or       The parent shall notify the court and all
     is suffering from or imminent danger of        parties of possible relative placements
     illness or injury as a result of abuse,    Shelter Hearing
     neglect or abandonment;
                                                 GAL appointed - § 39.402(8)(c)1
  Material violation of a condition of
     placement imposed by court; or              Parents informed of right to counsel - §
                                                    39.402(8)(c)2
  No parent, legal custodian, or
     responsible adult relative immediately      Interpreters provided if necessary
     known and available to provide              Parents present evidence - §
     supervision and care,                           39.402(8)(c)3
 Placement/Continuation in Shelter §              Department shall provide the court - §
 39.402(1),(2)                                       39.402(8)(e), (f)
 Child may be placed/continued in shelter           o Law enforcement, medical reports
 only if:                                               and abuse hotline reports
  One of the criteria in § 39.401(1) (above)       o Current or previous case plans - §
     applies and                                        39.402(8)(f)1
  Court made specific finding of fact              o Delinquency adjudications of parents
     Regarding the necessity for removal, and           - § 39.402(8)(f)2
  Provision of services will not eliminate         o Past or current protection order for
     need for removal                                   domestic violence - § 39.402(8)(f)
Alternatives to Shelter                             o Anywhere the child has lived in the
 Voluntary protective services - the child             past 12 months
    will remain at home and the department        Parents must provide permanent mailing
    shall assist the family                          address - § 39.402(8)(g)
  Removal of alleged perpetrator                 Identity/whereabouts of any unknown
  In-home services                                  parent, inquiry under - § 39.503, if
Prior To Shelter Hearing                             needed.
 Department must file                          Findings Required in Order - §
  affidavit/petition                            39.402(8)(h)
   o   Copies to parties prior to hearing        Written findings regarding necessity for
                                                    placement in shelter. § 39.402(1), (2).
 Identify and locate legal custodians,
                                                   Removal in best interests of child
  parents of child
                                                   Services will not eliminate need for
 Parents given actual notice - must at
                                                    removal
  least have good faith effort to give notice
  - § 39.402(8)(b)                                 Continuation in the home is contrary to
                                                    the welfare of the child because home
 Background check, homestudy on                    situation presents substantial immediate
  proposed or actual placement                      danger to child.
  (criminal records, abuse registry                Probable cause to believe child is
  checks)                                           dependent or that the court needs
     additional time – not to exceed 72 hours      IEP for child
     - § 39.402 (8)(h)4                           Financial
  Department has made reasonable efforts          The court shall order the parents to pay
     to prevent the need for removal - §              child support - § 39.402(11)
     39.402(10)
                                                  Psychotropic Medication - §
    o Written description of services and         39.407(3)(B)(1)
         when available or why services are         May continue if the medication is in its
         not available for the child                  original container and it is a current
  Department deemed to have made                     prescription for the child
     reasonable efforts - § 39.402(8)(h)5.          The department must seek court
  Notified parents of next hearing                   approval for the continued
  Notified parents of right to counsel               administration of the medication
No Probable Cause?                                  Review Psychotropic Medication
  Dismiss petition                                   Guidelines
  Permit the department 72 hours to
     perfect probable cause - § 39.402(8)(d)2
  Non-offending parent given custody
Visitation
  Recommendation of the department - §
    39.402(9)
   o None if clear and convincing that
        visitation not in the best interests of
        the child
  Must occur within 72 hours
  Sibling visitation (plan for frequent
    visitation)
  Grandparent visitation - § 39.509
  Conform with Keeping Children Safe Act
    - § 39.0139
Other Issues
  Establish paternity
  ICPC
  ICWA - Is the child a member of, or
    eligible for, membership in an Indian
    tribe?
  AAL appointed?
  Other court cases pending – avoid
    conflicting orders
  Child 3 years to school entry - Rilya
    Wilson Act - § 39.604
  Developmental disabilities
Education
  If placement requires change in schools
    review McKinney-Vento

				
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