DMR.1.4.040 Hearings for Child in Emergency Custody

(a) For any child who has been taken into custody and not released under Section DMR.1.4.020 of this ordinance, a hearing shall be held to determine whether the criteria exist under Section DMR.1.4.010 and Section DMR.1.4.030 of this ordinance to continue holding the child in custody. The hearing shall be held as soon as practicable but no more than ten (10) days after the child is taken into custody. A petition under Subchapter DMR.1.5 of this ordinance shall be filed before or at the hearing. All reasonable steps shall be taken to notify the child's parents, guardian, and custodian of the hearing. If the parent, guardian, or custodian does not receive actual notice, he or she may later request a rehearing by right if the child is still under the Court's jurisdiction or the issue is not otherwise moot.

(b) If, within the time provided by Section DMR.1.4.040(a) above, no hearing is held, or no petition is filed, the child shall be released from emergency custody, unless the Court or magistrate finds either ex parte or at a post-deadline hearing that probable cause exists to believe that the child is in imminent danger to self or another, or that the child's parent, guardian, or custodian is unwilling or unable to provide adequate supervision and care, in which case one 48 hour extension may be granted during which time the child shall remain in emergency custody pending the filing of a petition. Ex parte findings of probable cause and findings of probable cause by a magistrate shall be reconsidered, and an opportunity to present oral and written evidence and argument shall be provided, by right, if any affected person requests reconsideration or hearing. Hearings under this subsection may be conducted by telephone.

(c) The hearing required under this section need not be held if the child's parents, guardians, or legal custodians and, if the child is over twelve (12), all agree that the child may remain in custody.

(d) A copy of the petition under this section and Subchapter DMR.1.5 of this ordinance shall be given to the child's parent, guardian, or legal custodian, and to the child if twelve (12) or older, as soon as practicable, and in no case later than the commencement of the hearing.

(e) At the commencement of the hearing, the Children's Court shall advise the child, and the parents, guardians, or custodians, of the allegations made, the possible consequences of the hearing, the right to counsel at a party's own expense, the right to confront and cross-examine witnesses, and the right to present witnesses.

(f) If the Children's Court finds that one or more of the conditions enumerated in Section DMR.1.4.010(a) of this ordinance exists, it may continue custody in any of the placements enumerated in Section DMR.1.4.030(c) of this ordinance. The Children's Court may also impose reasonable restrictions on the child's travel, association with other persons, or places of abode, and may assign the child to the supervision of the Indian Child Welfare Department. Reasonable restrictions may be placed upon the conduct of the parents, guardians, custodians, or other responsible adults as necessary to secure the safety and well-being of the child. Any order entered under this section shall be reduced to writing within ten (10) days thereof.

(g) Any order under this section shall be subject to rehearing for good cause.