§ 5256. Temporary care order

(a) The court shall order that custody be returned to the child’s custodial parent, guardian, or custodian unless the court finds by a preponderance of the evidence that return to the home would be contrary to the welfare of the child because of any of the following:

(1) The child cannot be controlled at home and is at risk of harm to self or others.

(2) Continued residence in the home will not protect the community because of the serious and dangerous nature of the act the child is alleged to have committed.

(3) The child’s welfare is otherwise endangered.

(b) Upon a finding that any of the conditions set forth in subsection (a) of this section exists, the court may issue such temporary orders related to the custody of the child as it deems necessary and sufficient to protect the welfare and safety of the child, and the safety of the community, including:

(1) a conditional custody order returning custody of the child to the custodial parent, guardian, or custodian, subject to such conditions and limitation as the court may deem necessary and sufficient to protect the child and the community;

(2) an order transferring temporary custody of the child to a noncustodial parent or a relative;

(3) a temporary care order transferring temporary custody of the child to the Commissioner.

(c)(1) If the court transfers custody of the child to the Commissioner, the court shall issue a written temporary care order. The order shall include:

(A) a finding that remaining in the home is contrary to the child’s welfare and the facts upon which that finding is based; and

(B) a finding as to whether reasonable efforts were made to prevent the unnecessary removal of the child from the home.

(2) If at the conclusion of the hearing the court lacks sufficient evidence to make findings on whether reasonable efforts were made to prevent the removal of the child from the home, that determination shall be made at the next scheduled hearing in the case but, in any event, no later than 60 days after the issuance of the initial order removing a child from the home.

(3) The order may include such other provisions as may be necessary for the protection and welfare of the child, including:

(A) conditions of release;

(B) an order for parent-child contact under such terms and conditions as are necessary for the protection of the child;

(C) an order that the Department provide the child with services if legal custody of the child has been transferred to the Commissioner;

(D) an order that the Department refer a parent to services;

(E) a genetic testing order if parentage of the child is at issue;

(F) an order that the Department make diligent efforts to locate the noncustodial parent;

(G) an order that the custodial parent provide the Department with names of all potential noncustodial parents and relatives of the child; and

(H) an order establishing protective supervision and requiring the Department to make appropriate service referrals for the child and the family if legal custody is transferred to an individual other than the Commissioner.

(4) In his or her discretion, the Commissioner may provide assistance and services to children and families to the extent that funds permit, notwithstanding subdivision (3)(C) of this subsection. (Added 2007, No. 185 (Adj. Sess.), § 2, eff. Jan. 1, 2009; amended 2021, No. 105 (Adj. Sess.), § 618, eff. July 1, 2022.)