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SB 0415 - Juvenile Proceedings; Dept. of Human Resources emergency care/supervision to a child without a court order; reduce allowed time

Tracking Level: Monitor
Sponsor: Schaefer,Nancy 50th
Last Action: 2/6/2008 - Senate Read and Referred
Senate Committee: JUDY
Assigned To:
07. Juvenile CourtsNext Bill
08. Probate CourtsNext Bill

Staff Analysis of the Legislation

This bill reduces the time allowed for the Department of Human Resources to provide emergency care and supervision to a child without a court order from 7 days to 72 hours. Upon the expiration of 72 hours, if the child or children have not been released or if the department determines that there is an issue of neglect, abandonment, or abuse, the department shall promptly contact a juvenile court intake officer or bring the child before the juvenile court. If the intake or other authorized officer of the court finds that shelter care is warranted for the child, then, the child shall be deemed to be placed in shelter care. During the period when a child is in the care and supervision of the department, the department shall have the same authority to consent to medical treatment for the child as the child’s custodial parent or other legal custodian, however, no medication shall be administered to the child over the objection of the custodial parent or legal custodian. The department and its successors, agents, assigns, and employees are immune from any and all liability for providing care and supervision for a child. However, immunity is not extended to the administration of medication to a child over the objection of the custodial parent or legal custodian. 

Prior to being placed in foster care, the child shall be placed in a relative’s care unless there is no relative who is willing and able to care for the child. The Division of Family and Children Services of DHR must show that reasonable efforts were made to place the child in a relative’s home prior to the placement of that child in the custody of the DHR.

The general public shall be excluded from hearings involving delinquency or unruliness except for:

(1) An adjudicatory hearing involving an allegation of a designated felony;

(2) An adjudicatory hearing involving an allegation of delinquency brought in the interest of any child who has previously been adjudicated delinquent;

(3) Any child support hearing;

(4) Any hearing in a legitimation action or;

(6) Any deprivation hearing except upon the written application of the parents or guardian of the child or children who are the subject of the hearing.


Bill Summary from the State Site - Click for the State Summary Page / Click for Current Full Text