Statutes | Coquille Juveile Code Chapter 641 Part 6 ยง 641.200 | 2019
(1) No child may be held in protective custody for more than 5 days, excluding Saturdays, Sundays and judicial holidays, without an order of the court, pursuant to this section, that the child remain in shelter pending further investigation of the childs condition or circumstances.
(2) A child may be maintained in shelter care pursuant to an order of the court that finds there is probable cause to believe that a child is dependent and the childs condition or surroundings reasonably appear to endanger the childs welfare.
(3)(a) An order for continued shelter care may only be issued after notice to the parent or custodian of the date and time of such a hearing. If a parent or custodian comes forward after the initial shelter hearing, the court shall grant an additional hearing to determine if the child is to remain in shelter care as to that parent.
(b) A shelter order can be entered, in the absence of notice, if the court has determined that the parent or custodians whereabouts are unknown. If it appears to the court that, by the continued due diligence of the tribal prosecutor or Social Services, that the parent can be found, the court may continue the hearing to a later date not to exceed 5 days.
(4) Any reports of abuse under CITC 640.100 &ndash 640.020 of Children Generally or reports of protective custody under CITC 641.150(3) shall be provided to the parent or custodian at the time of the hearing except that a report under CITC 640.100 of Children Generally may be withheld if the court determines that the release will jeopardize an ongoing criminal investigation.
(5) A copy of any petition filed pursuant to CITC 641.300, together with a summons, shall be served on the parent or guardian at the time of the shelter hearing. If no petition is filed at the time of a shelter hearing, the court shall order that a petition be filed forthwith in compliance with CITC 641.300.
(6) A parent or custodian is entitled to present evidence as to why the child is no longer endangered by his or her surroundings and can be safely returned home.
(7) After an evidentiary hearing a court shall make written findings and enter an order that:
(a) the matter be continued for not more than 5 days or
(b) the allegations are unfounded and order that the petition and summons be dismissed or
(c) the child be returned to the parent or custodian but that temporary custody shall remain with the court pending further investigation or
(d) the child shall remain in shelter care pending further investigation and
(i) the decision to remove the child was made in the best interests of the child and
(ii) remedial efforts are being made to prevent the need for continued removal considering the circumstances of the child and the results of such efforts, or order that such efforts be made and
(iii) find that the placement of the child complies with CITC 641.550.
(8) A court&rsquos findings and order shall be issued at the conclusion of the hearing. The court may set additional shelter hearings as it sees fit. The court may hear any evidence that a reasonable person would rely upon in making such findings.