Title 33, Title 33: Human Services

§ 5305. Emergency care order; conditional custody order (a) Transfer of temporary custody. If the court determines that the child’s continued residence in the home is contrary to the child’s welfare, the court may issue an emergency care order transferring temporary custody of th…

§ 5306. Notice of emergency care order and temporary care hearing (a) Notice to custodial parent. An officer shall deliver a copy of the emergency care order or conditional custody order to the custodial parent, guardian, or custodian of the child. If delivery cannot be made in a…

§ 5307. Temporary care hearing (a) A temporary care hearing shall be held within 72 hours of the issuance of an emergency care order or conditional custody order under section 5305 of this title. State holidays shall be excluded from the computation of 72 hours. If the custodial …

§ 5308. Temporary care order (a) The court shall order that legal custody be returned to the child’s custodial parent, guardian, or custodian unless the court finds by a preponderance of the evidence that a return home would be contrary to the best interests of the child because …

§ 5309. Filing of a petition (a) The State’s Attorney having jurisdiction shall prepare and file a petition alleging that a child is in need of care or supervision upon the request of the Commissioner or, in the event the child is truant from school, upon the request of the super…

§ 5310. Petition; contents (a) The petition shall be supported by an affidavit of an officer or the Department. (b) The petition shall contain the following: (1) A concise statement of the facts that support the conclusion that the child is a child in need of care or supervision …

§ 5311. Service of summons and petition; no request for temporary care order (a) When the State’s Attorney files a petition but does not request a temporary care order, the court shall set a date for a preliminary hearing on the petition no later than 15 days from the date the pe…

§ 5312. Failure to appear at preliminary hearing (a) If a parent, guardian, or custodian has been served by certified mail with the petition and notice of hearing and fails to appear at the preliminary hearing, the court may order that the parent, guardian, or custodian be served…

§ 5313. Timelines for pretrial and merits hearing (a) Pretrial hearing. At the time of the temporary care hearing or at the preliminary hearing on the petition if there is no request for temporary legal custody, the court shall set a pretrial hearing on the petition. The hearing …

§ 5314. Filing of initial case plan (a) If a temporary care order is issued transferring legal custody of the child to the Commissioner, the Department shall prepare and file with the court an initial case plan for the child and the family within 60 days of removal of a child fro…

§ 5315. Merits adjudication (a) At a hearing on the merits of a petition, the State shall have the burden of establishing by a preponderance of the evidence that the child is in need of care and supervision. In its discretion, the court may make findings by clear and convincing e…

§ 5315a. Merits stipulation (a) At any time after the filing of the CHINS petition and prior to an order of adjudication on the merits, the court may approve a written stipulation to the merits of the petition and any or all elements of the disposition plan, including the permane…

§ 5316. Disposition case plan (a) Following a finding by the court that a child is in need of care or supervision, the Department shall file a disposition case plan ordered pursuant to subsection 5315(g) of this title not later than seven business days before the scheduled dispos…

§ 5317. Disposition hearing (a) Timeline. A disposition hearing shall be held no later than 35 days after a finding that a child is in need of care and supervision. (b) Hearing procedure. If disposition is contested, all parties shall have the right to present evidence and examin…

§ 5318. Disposition order (a) Custody. At disposition, the court shall make such orders related to legal custody for a child who has been found to be in need of care and supervision as the court determines are in the best interests of the child, including: (1) An order continuing…

§ 5319. Parent-child contact and contact with siblings and relatives (a) The court shall order parent-child contact unless the court finds that it is necessary to deny parent-child contact because the protection of the physical safety or emotional well-being of the child so requi…

§ 5320. Postdisposition review hearing The court shall hold a review hearing within 60 days of the date of the disposition order for the purpose of monitoring progress under the disposition case plan and reviewing parent-child contact. Notice of the review shall be provided to al…

§ 5320a. Duration of conditional custody orders postdisposition (a) Conditional custody orders to parents. Whenever the court issues a conditional custody order transferring custody to a parent either at or following disposition, the presumptive duration of the order shall be no …

§ 5321. Permanency hearing (a) Purpose. Unless otherwise specified therein, an order under the authority of this chapter transferring legal custody or residual parental rights and responsibilities of a child to the Department pursuant to subdivision 5318(a)(4) or (5) of this titl…

§ 5322. Placement of a child in a facility used for treatment of delinquent children A child found by the court to be a child in need of care and supervision shall not be placed in or transferred to an institution used solely for the treatment or rehabilitation of delinquent chil…