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LJuCR 2.3. Right to and Notice of Shelter Care Hearing

Local Juvenile Court Rule - Shelter Care Proceedings

    (a) Notice of Right to Shelter Care Hearing. In addition to notice required by statute, notice of the 72-hour and 30-day shelter care hearings shall be given to children who have a statutory or LJuCR 2.0 right to counsel and they shall be advised of their right to attend the hearings and their right to be represented by an attorney. If such a child wishes to attend the 72-hour or 30-day shelter care hearing, the agency or person having legal custody of the child shall be responsible for arranging transportation for the child.
    (b) Shelter Care Hearing Required. The party filing a dependency petition must schedule a 72-hour shelter care hearing and, if shelter care is ordered, must schedule a second shelter care hearing to be held within 30 days of the 72-hour shelter care hearing. 
    (c) Notice of Shelter Care Hearing. (Reserved)
    (d) Indian Children. (Reserved)
    (e) Notice to Attorneys of Record. Where there is already a previously assigned or retained attorney of record for any party, including an attorney or CASA for the child, in a dependency proceeding presently pending in Juvenile Court, they shall be provided notice of the shelter care and fact-finding hearings no later than 24 hours prior to the 72-hour shelter care hearing whenever reasonably possible.
    (f) Courtesy Notice to Public Defender Agencies and CASA. The petitioning party in a dependency and/or the moving party for an order to take a child into custody shall make available an electronic copy of the petition and any resultant order to DPD, the CASA program, and contracted defense agencies responsible for providing attorney-of-the-day services on the day the petition is filed. The public defender office and CASA program shall be responsible for obtaining said copies.
    (g) Subsequent Shelter Care Hearing for Unavailable Party. A party seeking to exercise a statutory right to a subsequent shelter care hearing must file a motion on the question of whether good cause exists. The motion should be noted for consideration on the next judicial day after filing. The motion should otherwise be in accordance with LJuCR 1.8. If granted, the subsequent shelter care hearing shall be heard in the time provided by statute.

[Effective January 2, 1994; amended effective September 1, 2005; September 2, 2013; September 1, 2016; September 1, 2023.]