§587A-11 Investigation; department powers.

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§587A-11 Investigation; department powers. Upon receiving a report that a child is subject to imminent harm, has been harmed, or is subject to threatened harm, and when an assessment is required by this chapter, the department shall cause an investigation to be made as it deems to be appropriate. In conducting the investigation, the department may:

(1)Enlist the cooperation and assistance of appropriate state and federal law enforcement authorities, who may conduct an investigation and, if an investigation is conducted, shall provide the department with all preliminary findings, including the results of a criminal history record check of an alleged perpetrator of harm or threatened harm to the child;

(2)Conduct a criminal history record check of an alleged perpetrator and all adults living in the family home, with or without consent, to ensure the safety of the child;

(3)Interview the child without the presence or prior approval of the child ' s family and temporarily assume protective custody of the child for the purpose of conducting the interview;

(4)Resolve the matter in an informal fashion that it deems appropriate under the circumstances;

(5)Close the matter if the department finds, after an assessment, that the child is residing with a caregiver who is willing and able to meet the child ' s needs and provide a safe and appropriate placement for the child;

(6)Immediately enter into a service plan to:

(A)Safely maintain the child in the family home; or

(B)Place the child in voluntary foster care pursuant to a written agreement with the child ' s parent.

If the child is placed in voluntary foster care and the family does not successfully complete the service plan within three months after the date on which the department assumed physical custody of the child, the department shall file a petition. The department shall not be required to file a petition if the parents agree to adoption or legal guardianship of the child and the child ' s safety is ensured; provided that the adoption or legal guardianship hearing is conducted within six months of the date on which the department assumed physical custody of the child;

(7)Assume temporary foster custody of the child and file a petition with the court within three days, excluding Saturdays, Sundays, and holidays, after the date on which the department assumes temporary foster custody of the child, with placement preference being given to an approved relative;

(8)File a petition or ensure that a petition is filed by another appropriate authorized agency in court under this chapter; or

(9)File a petition pursuant to section 587A-12 and seek an order for protective custody if there is reasonable cause to believe that the child is subject to imminent harm , as follows:

(A)The department may contemporaneously file an ex parte motion for protective custody and the court may issue an order for protective custody without notice and without a hearing;

(B)If an ex parte motion for protective custody is filed contemporaneously with a petition pursuant to this paragraph, the initial reports in section 587A-18(b)(1) and

(2)shall not be required at the time the petition is filed; provided that the ex parte motion shall be accompanied by a written declaration setting forth the facts establishing reasonable cause to believe that a child is subject to imminent harm. The initial reports required by section 587A-18(b)(1) and

(2)shall be filed on or before the next hearing date unless required sooner by the court;

(C)If the court finds reasonable cause to believe that the child is subject to imminent harm, the court shall issue a written order that a police officer immediately take the child into protective custody and transfer custody of the child to the department, which will then assume temporary foster custody of the child pursuant to section 587A-8(b);

(D)If an order for protective custody is issued under this paragraph, the court shall order that a police officer make every reasonable effort to personally serve the child ' s parents and any person who has physical custody of the child with copies of the ex parte motion and order; and

(E)After the court rules on the ex parte motion, the case shall proceed pursuant to section 587A-12(c). [L 2010, c 135, pt of §1; am L 2016, c 96, §4; am L 2024, c 144, §4]

Case Notes

Cited: 132 H. 368, 322 P.3d 263 (2014).