LJuCR 2.5 Modification of Shelter Care Order
Local Juvenile Court Rule - Shelter Care Proceedings
(a) 30 Day Hearing and New Issues
(1) Time. The second hearing shall be set within 30 days of the first hearing, unless by the agreement on the record or in writing of all parties or the order of the Court.
(2) Procedure.
(A) If the Court previously ordered that visitation between a parent and child be unsupervised, then unless any party seeks to raise issues pursuant to subsection (a)(3) of this Rule, a hearing in open court will not occur, parties’ presence will be excused, and the Court will enter an order continuing the terms of the 72 hour shelter care hearing.
(B) If the Court previously ordered that visitation between a parent and child be supervised or monitored, and no party has timely provided a report as described in subsection (a)(2)(C) of this Rule, then a hearing in open court will not occur, parties’ presence will be excused, and the Court will enter an order removing any requirement for supervision or monitoring of visitation but continuing the remaining terms of the 72 hour shelter care hearing.
(C) If the Court previously ordered that visitation between a parent and child be supervised or monitored, and a party has timely provided a report conforming with subsection (a)(3) of this Rule that includes evidence establishing that removing visit supervision or monitoring would create a risk to the child’s safety, then the Court shall hold a hearing and determine on the record whether visit supervision or monitoring must continue.
(3) Notice of Issues. Reasonable advance written notice shall be given to the Court and other parties of the issues any party seeks to raise at the 30 day hearing. Any party seeking to modify terms, maintain previously court-ordered visit supervision or monitoring, or enforce compliance with the terms of a 72 hour shelter care order shall give written notice to the Court and other parties not later than noon three days prior to the hearing. Responses will be provided by noon the day before the hearing. All other issues require six days written notice to the parties and the Court; responses must be served and filed no later than noon two judicial days before the hearing; documents in strict reply must be served and filed no later than the judicial day before the hearing.
(b) Modification of Shelter Care Order after 30 Day Hearing. An additional shelter care hearing can be set on the contested-hearing calendar upon the filing of a note for calendar and a written "Motion and Affidavit of Change of Circumstances" with six judicial days' notice to all parties. The motion shall specify the change in circumstances, relief requested, statement of facts and the evidence relied upon, and shall be properly served on all parties. All responsive documents must be served and filed no later than noon two judicial days before the hearing. Documents in strict reply must be served and filed no later than noon the judicial day before the hearing. The hearing date shall be obtained from the Court.
(1) Time. The second hearing shall be set within 30 days of the first hearing, unless by the agreement on the record or in writing of all parties or the order of the Court.
(2) Procedure.
(A) If the Court previously ordered that visitation between a parent and child be unsupervised, then unless any party seeks to raise issues pursuant to subsection (a)(3) of this Rule, a hearing in open court will not occur, parties’ presence will be excused, and the Court will enter an order continuing the terms of the 72 hour shelter care hearing.
(B) If the Court previously ordered that visitation between a parent and child be supervised or monitored, and no party has timely provided a report as described in subsection (a)(2)(C) of this Rule, then a hearing in open court will not occur, parties’ presence will be excused, and the Court will enter an order removing any requirement for supervision or monitoring of visitation but continuing the remaining terms of the 72 hour shelter care hearing.
(C) If the Court previously ordered that visitation between a parent and child be supervised or monitored, and a party has timely provided a report conforming with subsection (a)(3) of this Rule that includes evidence establishing that removing visit supervision or monitoring would create a risk to the child’s safety, then the Court shall hold a hearing and determine on the record whether visit supervision or monitoring must continue.
(3) Notice of Issues. Reasonable advance written notice shall be given to the Court and other parties of the issues any party seeks to raise at the 30 day hearing. Any party seeking to modify terms, maintain previously court-ordered visit supervision or monitoring, or enforce compliance with the terms of a 72 hour shelter care order shall give written notice to the Court and other parties not later than noon three days prior to the hearing. Responses will be provided by noon the day before the hearing. All other issues require six days written notice to the parties and the Court; responses must be served and filed no later than noon two judicial days before the hearing; documents in strict reply must be served and filed no later than the judicial day before the hearing.
(b) Modification of Shelter Care Order after 30 Day Hearing. An additional shelter care hearing can be set on the contested-hearing calendar upon the filing of a note for calendar and a written "Motion and Affidavit of Change of Circumstances" with six judicial days' notice to all parties. The motion shall specify the change in circumstances, relief requested, statement of facts and the evidence relied upon, and shall be properly served on all parties. All responsive documents must be served and filed no later than noon two judicial days before the hearing. Documents in strict reply must be served and filed no later than noon the judicial day before the hearing. The hearing date shall be obtained from the Court.
[Effective January 2, 1994; amended effective July 1, 1994; March 20, 1997; September 1, 2005; September 2, 2013; September 1, 2016; September 1, 2021; September 1, 2022.]