§ 5253. Emergency care order; conditional custody order

(a) Transfer of temporary custody.

(1) The court may issue an emergency care order transferring temporary custody of the child to the Department pending a temporary care hearing if the court determines that:

(A) there is probable cause that the child has committed a delinquent act; and

(B) continued residence in the home is contrary to the child’s welfare because:

(i) the child cannot be controlled at home and is at risk of harm to self or others; or

(ii) continued residence in the home will not safeguard the well-being of the child and the safety of the community because of the serious and dangerous nature of the act the juvenile is alleged to have committed.

(2) The determination may be made ex parte, provided that it is reasonably supported by the affidavit prepared in accordance with subsection 5252(b) of this title.

(b) Contents of emergency care order. The emergency care order shall contain:

(1) a written finding that the child’s continued residence in the home is contrary to the child’s welfare and the factual allegations that support that finding;

(2) the date, hour, and place of the temporary care hearing to be held pursuant to section 5255 of this title; and

(3) notice of a parent’s right to counsel at the temporary care hearing.

(c) Conditional custody order. If the court determines that the child may safely remain in the custody of the custodial parent, guardian, or custodian, the court may deny the request for an emergency care order and issue an emergency conditional custody order. The order shall contain:

(1) conditions and limitations necessary to protect the child, the community, or both;

(2) the date, hour, and place of the temporary care hearing to be held pursuant to section 5255 of this title; and

(3) notice of a parent’s right to counsel at the hearing. (Added 2007, No. 185 (Adj. Sess.), § 2, eff. Jan. 1, 2009; amended 2021, No. 105 (Adj. Sess.), § 617, eff. July 1, 2022.)