§587A-9  Temporary foster custody without court order.  [Section effective until June 30, 2025.  For section effective July 1, 2025, see below.]  (a)  When the department receives protective custody of a child from the police, the department shall:

     (1)  Assume temporary foster custody of the child if, in the discretion of the department, the department determines that the child is subject to imminent harm while in the custody of the child's family;

     (2)  Make every reasonable effort to inform the child's parents of the actions taken, unless doing so would put another person at risk of harm;

     (3)  Unless the child is admitted to a hospital or similar institution, place the child in emergency foster care while the department conducts an appropriate investigation, with placement preference being given to an approved relative;

     (4)  With authorized agencies, make reasonable efforts to identify and notify all relatives within thirty days of assuming temporary foster custody of the child; and

     (5)  Within three days, excluding Saturdays, Sundays, and holidays:

          (A)  Relinquish temporary foster custody, return the child to the child's parents, and proceed pursuant to section 587A-11(4), (5), or (6);

          (B)  Secure a voluntary placement agreement from the child's parents to place the child in foster care, and proceed pursuant to section 587A-11(6) or (8); or

          (C)  File a petition with the court.

     (b)  Upon the request of the department and without regard to parental consent, any physician licensed or authorized to practice medicine in the State shall perform an examination to determine the nature and extent of harm or threatened harm to the child under the department's temporary foster custody. [L 2010, c 135, pt of §1; am L 2016, c 96, §3]

     §587A-9  Temporary foster custody.  [Section effective July 1, 2025.  For section effective until June 30, 2025, see above.]  (a)  The department shall assume temporary foster custody of a child:

     (1)  With the consent of the child's family;

     (2)  Upon order of the court; or

     (3)  Without the consent of the child's family and without a court order, upon the transfer of protective custody from a police officer if, in the discretion of the department, the department determines that exigent circumstances are present.

     (b)  If the department assumes temporary foster custody of a child, the department shall:

     (1)  Make every reasonable effort to inform the child's parents of the actions taken, unless doing so would put another person at risk of harm;

     (2)  Unless the child is admitted to a hospital or similar institution, place the child in emergency foster care while the department conducts an appropriate investigation, with placement preference being given to an approved relative;

     (3)  With authorized agencies, make reasonable efforts to identify and notify all relatives within thirty days of assuming temporary foster custody of the child; and

     (4)  Within three days, excluding Saturdays, Sundays, and holidays:

          (A)  Relinquish temporary foster custody, return the child to the child's parents, and proceed pursuant to section 587A-11(4), (5), or (6);

          (B)  Secure a voluntary placement agreement from the child's parents to place the child in foster care, and proceed pursuant to section 587A-11(6) or (8); or

          (C)  File a temporary foster custody petition with the court.

     (c)  Upon the request of the department and without regard to parental consent, any physician licensed or authorized to practice medicine in the State shall perform an examination to determine the nature and extent of harm or threatened harm to the child under the department's temporary foster custody. [L 2010, c 135, pt of §1; am L 2016, c 96, §3; am L 2024, c 144, §3]

Case Notes

  Cited:  132 H. 368, 322 P.3d 263 (2014).