8-823

8-823. Notice of taking into temporary
custody

A. If a child is taken into temporary custody pursuant to this article, the
interested person, peace officer or child protective services worker taking the child
into custody shall provide written notice within six hours to the parent or guardian of
the child, unless:

1. The parent or guardian is present when the child is taken into custody, then
written and verbal notice shall be provided immediately.

2. The residence of the parent or guardian is outside this state and notice cannot
be provided within six hours, then written notice shall be provided within twenty-four
hours.

3. The residence of the parent or guardian is not ascertainable, then reasonable
efforts shall be made to locate and notify the parent or guardian of the child as soon as
possible.

B. The written notice shall contain a signature line for the parent or guardian to
acknowledge receipt of both written and verbal notices. The written and verbal notices
shall contain the name of the person and agency taking the child into custody, the
location from which the child was taken and all of the following information:

1. Specific reasons as to why the child is being removed. The notice shall list the
specific factors that caused the determination of imminent danger.

2. Services that are available to the parent or guardian, including a statement of
parental rights and information on how to contact the ombudsman-citizen's aide office and
an explanation of the services that office offers.

3. The date and time of the taking into custody.

4. The name and telephone number of the agency responsible for the child.

5. A statement of the reasons for temporary custody of the child.

6. A statement that the child must be returned within seventy-two hours excluding
Saturdays, Sundays and holidays unless a dependency petition is filed and a statement
that a child in temporary custody for examination pursuant to section 8-821, subsection
B, paragraph 2 must be returned within twelve hours unless abuse or neglect is diagnosed.

7. One of the following:

(a) If a dependency petition has not been filed or if the information prescribed in
subdivision (b) is not available, a statement that if a dependency petition is filed, the
parent or guardian will be provided a written notice no later than twenty-four hours
after the petition is filed that contains the information prescribed in subdivision (b).

(b) In all other cases, the date, time and place of the preliminary protective
hearing to be held pursuant to section 8-824 and the requirements of subsection D of this
section.

8. A statement of the right of the parent or guardian to counsel and that counsel
will be appointed pursuant to section 8-221 through the juvenile court if a dependency
petition is filed and the person is indigent.

9. Information regarding the ability of the person about whom the report was made
to provide a verbal, telephonic or written response to the allegations. A verbal response
shall be included in the written report of the investigation. A written response,
including any documentation, shall be included in the case file. The response shall be
provided to the removal review team if the response is made before the team considers the
removal.

10. A statement that the hearing may result in further proceedings to terminate
parental rights.

11. A statement that the parent or guardian must immediately provide to the
department the names, type of relationship and all available information necessary to
locate persons related to the child or who have a significant relationship with the
child. If there is not sufficient information available to locate a relative or person
with a significant relationship with the child, the parent shall inform the department of
this fact. If the parent or guardian obtains information regarding the existence or
location of a relative or person with a significant relationship with the child the
parent or guardian shall immediately provide that information to the department.

12. A statement that the parent or guardian must be prepared to provide to the court
at the preliminary protective hearing the names, type of relationship and all available
information necessary to locate persons related to the child or who have a significant
relationship with the child.

C. The protective services worker shall provide the parent or guardian with the
notice even if the parent or guardian refuses to sign the acknowledgment.

D. Immediately before the time of the preliminary protective hearing, the persons
described in section 8-824, subsection B shall meet and attempt to reach an agreement
about placement of the child, services to be provided to the child, parent or guardian
and visitation of the child. The parties shall meet with their counsel, if any, before
this meeting. Consideration shall be given to the availability of reasonable services to
the parent or guardian and the child's health and safety shall be a paramount concern.
The persons described in section 8-824, subsection C may attend the meeting to reach an
agreement.

E. If a dependency petition is filed by the department, the child protective
services worker is responsible for delivering the notice of the preliminary protective
hearing prescribed in subsection B, paragraph 7 of this section to the parent or
guardian. In all other cases, the person who files the dependency petition is responsible
for delivery of this notice to the parent or guardian. If the location of the parent or
guardian is unknown, the person who is responsible for serving this notice shall make
reasonable efforts to locate and notify the parent or guardian.