Idaho Code 16-1609 – Emergency Removal — Notice
Current as of: 2023 | Check for updates
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(1) A peace officer who takes a child into shelter care under section 16-1608, Idaho Code, shall immediately:
(a) Take the child to a place of shelter; and
(b) Notify the court of the action taken and the place to which the child was taken; and
(c) With the exception of a child abandoned pursuant to the provisions of chapter 82, title 39, Idaho Code, notify each of the parents, guardian or other legal custodian that the child has been taken into shelter care, the type and nature of shelter care, and that the child may be held for a maximum of forty-eight (48) hours, excluding Saturdays, Sundays and holidays, within which time there must be a shelter care hearing.
(2) A peace officer who takes a child into shelter care under section 16-1608, Idaho Code, shall not be held liable either criminally or civilly unless the action of taking the child was exercised in bad faith and/or the requirements of subsection (1) of this section are not complied with.
Terms Used In Idaho Code 16-1609
- Abandoned: means the failure of the parent to maintain a normal parental relationship with his child including, but not limited to, reasonable support or regular personal contact. See Idaho Code 16-1602
- Child: means an individual who is under the age of eighteen (18) years. See Idaho Code 16-1602
- Court: means district court or magistrate division thereof or, if the context requires, a magistrate or judge thereof. See Idaho Code 16-1602
- Custodian: means a person, other than a parent or legal guardian, to whom legal or joint legal custody of the child has been given by court order. See Idaho Code 16-1602
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Shelter care: means places designated by the department for temporary care of children pending court disposition or placement. See Idaho Code 16-1602