Idaho Juv. R. 34
ORDER OF REMOVAL
It is contrary to the welfare of the child/ren to remain in the child/ren's present condition or surroundings, and it is in the best interest of the child/ren to place the child/ren in the legal custody of the Idaho Department of Health and Welfare until the shelter care hearing. This finding is made based on the information set forth in the verified Petition Under the Child Protective Act, and the affidavit attached to and incorporated in the Petition, that have been filed in this case. [Insert additional case factual findings.]
IT IS HEREBY ORDERED that a peace officer or other authorized person promptly take [child(ren)'s name(s)] to an authorized place of shelter care until the shelter care hearing. (The date, time, and place of the shelter care hearing scheduled before this court at the _____________ Courthouse, (address), (city), Idaho, on ____________, 20___, at _____ o'clock ____.m.
DATED: __________________
_________________________
JUDGE
Committee Comments. As to subsection (c) , federal law requires the court to make a case-specific finding that remaining in the home is contrary to the child's welfare. 45 CFR § 1356.21(c). Idaho Code § 16-1611(4) requires the court to find that remaini home is contrary to the child's welfare and that vesting legal custody in IDHW is in best interests. The policy of the rule is to require written case specific findings best interest and contrary to the welfare. Failure to timely make the federal findi result in loss of federal funding for an otherwise eligible child. If the case-spec finding is not made, or not made at the required time, the error cannot be corrected later date to restore funding. The funding cannot be a simple recitation of the lan of the statute; however, if the case-specific information upon which the finding is is set forth in a document in the court record (such as an affidavit) , the finding c incorporate the document by reference without reiterating the facts set forth in the document.
Id. Juv. R. 34