Text of Statute
(A) Pending hearing of a complaint filed under section If the emergency medical or surgical treatment is furnished to a child who is
found at the hearing to be a nonresident of the county in which the court is
located and if the expense of the medical or surgical treatment cannot be
recovered from the parents, legal guardian, or custodian of the child, the board
of county commissioners of the county in which the child has a legal settlement
shall reimburse the court for the reasonable cost of the emergency medical or
surgical treatment out of its general fund.
(B)(1) After a complaint, petition, writ, or other document initiating a case
dealing with an alleged or adjudicated abused, neglected, or dependent child is
filed and upon the filing or making of a motion pursuant to division (C) of this
section, the court, prior to the final disposition of the case, may issue any of
the following temporary orders to protect the best interest of the child:
(a) An order granting temporary custody of the child to a particular party;
(b) An order for the taking of the child into custody pursuant to section (c) An order granting, limiting, or eliminating visitation rights with
respect to the child;
(d) An order requiring a party to vacate a residence that will be lawfully
occupied by the child;
(e) An order requiring a party to attend an appropriate counseling program
that is reasonably available to that party;
(f) Any other order that restrains or otherwise controls the conduct of any
party which conduct would not be in the best interest of the child.
(2) Prior to the final disposition of a case subject to division (B)(1) of
this section, the court shall do both of the following:
(a) Issue an order pursuant to sections (b) Issue an order requiring the parents, guardian, or person charged with
the child's support to continue to maintain any health insurance coverage for
the child that existed at the time of the filing of the complaint, petition,
writ, or other document, or to obtain health insurance coverage in accordance
with section (C)(1) A court may issue an order pursuant to division (B) of this section
upon its own motion or if a party files a written motion or makes an oral motion
requesting the issuance of the order and stating the reasons for it. Any notice
sent by the court as a result of a motion pursuant to this division shall
contain a notice that any party to a juvenile proceeding has the right to be
represented by counsel and to have appointed counsel if the person is indigent.
(2) If a child is taken into custody pursuant to section (3) A court that issues an order pursuant to division (B)(1)(b) of this
section shall comply with section (D) The court may grant an ex parte order upon its own motion or a motion
filed or made pursuant to division (C) of this section requesting such an order
if it appears to the court that the best interest and the welfare of the child
require that the court issue the order immediately. The court, if acting on its
own motion, or the person requesting the granting of an ex parte order, to the
extent possible, shall give notice of its intent or of the request to the
parents, guardian, or custodian of the child who is the subject of the request.
If the court issues an ex parte order, the court shall hold a hearing to review
the order within seventy-two hours after it is issued or before the end of the
next day after the day on which it is issued, whichever occurs first. The court
shall give written notice of the hearing to all parties to the action and shall
appoint a guardian ad litem for the child prior to the hearing.
The written notice shall be given by all means that are reasonably likely to
result in the party receiving actual notice and shall include all of the
following:
(1) The date, time, and location of the hearing;
(2) The issues to be addressed at the hearing;
(3) A statement that every party to the hearing has a right to counsel and to
court-appointed counsel, if the party is indigent;
(4) The name, telephone number, and address of the person requesting the
order;
(5) A copy of the order, except when it is not possible to obtain it because
of the exigent circumstances in the case.
If the court does not grant an ex parte order pursuant to a motion filed or
made pursuant to division (C) of this section or its own motion, the court shall
hold a shelter care hearing on the motion within ten days after the motion is
filed. The court shall give notice of the hearing to all affected parties in the
same manner as set forth in the Juvenile Rules.
(E) The court, pending the outcome of the adjudicatory and dispositional
hearings, shall not issue an order granting temporary custody of a child to a
public children services agency or private child placing agency pursuant to this
section, unless the court determines and specifically states in the order that
the continued residence of the child in the child's current home will be
contrary to the child's best interest and welfare and the court complies with
section (F) Each public children services agency and private child placing agency
that receives temporary custody of a child pursuant to this section shall
maintain in the child's case record written documentation that it has placed the
child, to the extent that it is consistent with the best interest, welfare, and
special needs of the child, in the most family-like setting available and in
close proximity to the home of the parents, custodian, or guardian of the child.
(G) For good cause shown, any court order that is issued pursuant to this
section may be reviewed by the court at any time upon motion of any party to the
action or upon the motion of the court.
HISTORY: GC § 1639-28; 117 v 520; 119 v 731; 121 v 557; Bureau of Code
Revision, 10-1-53; 142 v S 89 (Eff 1-1-89); 146 v H 274 (Eff 8-8-96); 147 v H
352 (Eff 1-1-98); 147 v H 484 (Eff 3-18-99); 148 v H 176. Eff 10-29-99.
© Copyright 2000
Containing legislation passed and filed through August 1, 2000.