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ROBERT L. EHRLICH, JR., Governor
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Ch. 404
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(1) Placement is required to protect the child from serious immediate
danger;
(2) There is no parent, guardian, custodian, RELATIVE, or other person
able to provide supervision; and
(3) (i) 1. The child's continued placement in the child's home is
contrary to the welfare of the child; and
2. Because of an alleged emergency situation, removal from
the home is reasonable under the circumstances to provide for the safety of the child;
or
(ii) 1. Reasonable but unsuccessful efforts have been made to
prevent or eliminate the need for removal from the child's home; and
2. As appropriate, reasonable efforts are being made to
return the child to the child's home.
(c) (1) Whenever a child is not returned to the child's parent, guardian, or
custodian, the local department shall immediately file a petition to authorize
continued shelter care.
(2) (i) The court shall hold a shelter care hearing on the petition before
disposition to determine whether the temporary placement of the child outside of the
home is warranted.
(ii) Unless extended on good cause shown, a shelter care hearing
shall be held not later than the next day on which the circuit court is in session.
(3) If the child's parents, guardian, [or] custodian, OR RELATIVES can be
located, reasonable notice, oral or written, stating the time, place, and purpose of the
shelter care hearing shall be given.
(4) A court may not order shelter care for more than 30 days except that
shelter care may be extended for up to an additional 30 days if the court finds after a
hearing held as part of an adjudication that continued shelter care is needed to
provide for the safety of the child.
(5) UNLESS GOOD CAUSE IS SHOWN, A COURT SHALL GIVE PRIORITY TO
THE CHILD'S RELATIVES OVER NONRELATIVES WHEN ORDERING SHELTER CARE FOR
A CHILD.
(d) A court may continue shelter care beyond emergency shelter care only if
the court finds that:
(1) Return of the child to the child's home is contrary to the safety and
welfare of the child; and
(2) (i) Removal of the child from the child's home is necessary due to
an alleged emergency situation and in order to provide for the safety of the child; or
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- 1877 -
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