PART III. 
PRELIMINARY PROCEDURE PRIOR



TO FILING
OF THE PETITION



 



§587-21  Investigation.  (a)  Upon
receiving a report that a child is subject to imminent harm, has been harmed,
or is subject to threatened harm, the department shall cause such investigation
to be made as it deems to be appropriate.  In conducting the investigation the
department may:



(1)  Enlist the cooperation of appropriate law
enforcement authorities for phases of the investigation for which they are
better equipped, and the law enforcement authority may conduct and provide to
the department the results of a criminal history record check concerning an
alleged perpetrator of imminent harm, harm, or threatened harm to a child; and



(2)  Interview a child who is the subject of an
investigation without the prior approval of and without the presence of the
child's family, including temporarily assuming protective custody of the child
for the purpose of conducting the interview, if the action is deemed necessary
and appropriate under the circumstances by the department and a police officer.



(b)  Upon satisfying itself as to the course of
action that should be pursued to best accord with the purpose of this chapter,
the department shall:



(1)  Resolve the matter in an informal fashion
appropriate under the circumstances;



(2)  Seek to enter into a service plan, without filing
a petition in court, with members of the child's family and other authorized
agency as the department deems necessary to the success of the service plan,
including the member or members of the child's family who have legal custody of
the child.  The service plan may include an agreement with the child's family
to voluntarily place the child in the foster custody of the department or other
authorized agency, provided that placement preference shall be given to an
appropriate relative identified by the department, or to place the child and
the necessary members of the child's family under the family supervision of the
department or other authorized agency; provided further that if a service plan
is not successfully completed within six months, the department shall file a
petition or ensure that a petition is filed by another appropriate authorized
agency in court under this chapter and the case shall be reviewed as is
required by federal law;



(3)  Assume temporary foster custody of the child
pursuant to section 587-24(a) and file a petition with the court under this
chapter within three working days, excluding Saturdays, Sundays, and holidays,
after the date of the department's assumption of temporary foster custody of
the child; provided that placement preference shall be given to an appropriate
relative identified by the department; or



(4)  File a petition or ensure that a petition is
filed by another appropriate authorized agency in court under this chapter. [L
1983, c 171, pt of §1; am L 1986, c 316, §6; am L 1992, c 190, §8; am L 1998, c
134, §7; am L 2008, c 199, §4]



 



Case Notes



 



  Where child protective service caseworker's seven-day delay
in filing a court petition for temporary custody violated state law (pre-1998
amendment), the state law did not clearly establish a federal right at the time
caseworker removed appellant's children.  Neither the seven-day delay before
obtaining post-deprivation judicial review, nor the seven-day delay before
filing a court petition, violated appellant's federal due process rights.  141
F.3d 927.



  Based upon statutory and regulatory mandates, the legislature
created a duty flowing to children specifically identified to the department of
human services as being the subject of suspected abuse; thus, the department
had a duty to protect the minor under the circumstances of the case.  117 H.
262, 178 P.3d 538.



  The time requirement specified in subsection (b)(3) is not a
jurisdictional time requirement.  112 H. 126 (App.), 144 P.3d 574.