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Shelter Care Hearing
Within 72 hours after a Order for Protective Custody is obtained, a Shelter Care Hearing must be held. At this hearing, a judge will decide whether the child should remain in placement until the adjudicatory hearing, which must be held within ten days after the Shelter Care Hearing.
The DHS social worker must give reasonable notice, either oral or written, to the parents or legal guardian of the child. This notice shall state the date, time, location and purpose of the Shelter Care Hearing. DHS has a form for the notice letter that should be left at the last known address of the parent, legal guardian, or legal custodian.
It is likely that the social worker will need to testify at the Shelter Care Hearing. Additionally, witnesses may need to be subpoenaed to testify at the Shelter Care Hearing. Potential witnesses may include people who have seen the child being abused or neglected, teachers, provider workers, police officers, doctors, nurses, neighbors, or the child. Therefore, the DHS social worker must prepare for the Shelter Care Hearing with the city solicitor who will be handling the list in the courtroom in which the Shelter Care Hearing is scheduled. This preparation will ensure an effective and clear presentation of the case to the judge. |