Idaho Juv. R. 32

As amended through November 5, 2024

Rule 32 - Notice of Emergency Removal (CPA)

(a) When a child is taken into custody pursuant to I.C. § 16-1608(1) (a) under a decl imminent danger, the peace officer shall provide a written notice of emergency remov court, and to the parent(s) , guardian or custodian, in accordance with I.C. § 16-1609

(b) When an alleged offender is removed from the home pursuant to I.C. 16-1608(1) (b) notice of emergency removal shall be provided to the alleged offender.

(c) The notice of emergency removal to the parent(s), guardian, or custodian shall contain a notification of right to counsel and right to court appointed counsel, pursuant to these rules, and shall be given by personal service at least 24 hours prior to the shelter-care hearing. Notice is not required for purposes of the shelter-care hearing in the event the parent(s), guardian, or custodian cannot be located or are out of state.

(d) The notice of emergency removal of the child or alleged offender from the home shall substantially conform to the following format:

IN THE DISTRICT COURT OF THE ____ JUDICIAL DISTRICT OF THE

STATE OF IDAHO,

IN AND FOR THE COUNTY OF _______________MAGISTRATE DIVISION

In the Matter Of:	)	Case No. _
	)
______ ,	)	NOTICE OF EMERGENCY REMOVAL
	)	UNDER Idaho §§16 1609
A child under the age of	)	and 16 1609
eighteen (18) years	)
________________	)
GREETINGS TO:

(____ ) The undersigned hereby gives notice that on ___________________, the above named child was removed by a peace officer and taken to a place of shelter at a (foster/group) home previously designated by this court for his/her immediate care and protection.

(____ ) The undersigned hereby gives notice that on ___________________, the alleged offender was removed from the home for the protection of the child, and the child was allowed to remain in the home.

I further certify that in accordance with Idaho Code § 16-1609, I duly notified the parent(s), guardian, or custodian of the above named child and/or the alleged offender that a shelter care hearing will be conducted by this court within (24/48) hours, excluding Saturdays, Sundays, and holidays.

By this notice, the parent(s), guardian, custodian, or the alleged offender have been informed of their right to retain and be represented by an attorney. If the parent(s), guardian, custodian, or alleged offender cannot afford an attorney, an attorney can be appointed by the court.

If you wish to have the court appoint an attorney for you, please immediately call (telephone) or go to the _______________ County Court, _________________________(address), to make application for a court-appointed attorney because time is of the essence.

_____________________________________	_____________________________________
Date	Person Exercising Emergency Powers
Hearing	Notice
Location:	Served on: ______________
Day: _______________	Served by: ______________
Date: _______________ Time: ________________
Date: _______________ Time: ________________

Id. Juv. R. 32

Revised Rule 32 - adopted 8/21/2006; amended May 5, 2017, effective 7/1/2017.