16-1609 EMERGENCY REMOVAL — NOTICE.

16-1609. Emergency removal — Notice. (1) A peace officer who takes a child into shelter care under section 16-1608, Idaho Code, shall immediately:

(a) Take the child to a place of shelter; and

(b) Notify the court of the action taken and the place to which the child was taken; and

(c) With the exception of a child abandoned pursuant to the provisions of chapter 82, title 39, Idaho Code, notify each of the parents, guardian or other legal custodian that the child has been taken into shelter care, the type and nature of shelter care, and that the child may be held for a maximum of forty-eight (48) hours, excluding Saturdays, Sundays and holidays, within which time there must be a shelter care hearing.

(2) A peace officer who takes a child into shelter care under section 16-1608, Idaho Code, shall not be held liable either criminally or civilly unless the action of taking the child was exercised in bad faith and/or the requirements of subsection (1) of this section are not complied with.

History:

[(16-1609) 16-1613, as added by 1976, ch. 204, sec. 2, p. 740; am. 1982, ch. 186, sec. 13, p. 499; am. 1996, ch. 272, sec. 10, p. 893; am. 2001, ch. 107, sec. 14, p. 365; am. 2001, ch. 357, sec. 4, p. 1259; am. 2005, ch. 25, sec. 77, p. 113; am. and redesig. 2005, ch. 391, sec. 11, p. 1274.]