Rule 5.676. Requirements for detention

(a) Requirements for detention (§ 319).

No child may be ordered detained by the court unless the court finds that:

(1)  A prima facie showing has been made that the child is described by section 300;

(2)  Continuance in the home of the parent, Indian custodian, or guardian is contrary to the child's welfare; and

(3)  One or more of the grounds for detention in rule 5.678 is found.

(Subd (a) amended effective January 1, 2020; previously amended effective July 1, 2002, and January 1, 2007.)

(b) Additional requirements for detention of Indian child.

If it is known, or there is reason to know the child is an Indian child, the child may not be ordered detained unless the court also finds that detention is necessary to prevent imminent physical damage or harm to the child. The court must state the facts supporting this finding on the record.

(Subd (b) adopted effective January 1, 2020.)

(c) Evidence required at detention hearing.

In making the findings required to support an order of detention, the court may rely solely on written police reports, probation or social worker reports, or other documents.

The reports relied on must include:

(1)  A statement of the reasons the child was removed from the parent's custody;

(2)  A description of the services that have been provided, including those under section 306, and of any available services or safety plans that would prevent or eliminate the need for the child to remain in custody;

(3)  If a parent is enrolled in a certified substance abuse treatment facility that allows a dependent child to reside with his or her parent, information and a recommendation regarding whether the child can be returned to the custody of that parent;

(4)  Identification of the need, if any, for the child to remain in custody; and

(5)  If continued detention is recommended, information about any parent or guardian of the child with whom the child was not residing at the time the child was taken into custody and about any relative or nonrelative extended family member as defined under section 362.7 with whom the child may be detained.

(Subd (c) relettered effective January 1, 2020; adopted as subd (b); previously amended effective July 1, 2002, and January 1, 2007.)

(d) Additional evidence required at detention hearing for Indian child.

If it is known, or there is reason to know the child is an Indian child, the reports relied on must also include:

(1)  A statement of the risk of imminent physical damage or harm to the Indian child and any evidence that the emergency removal or placement continues to be necessary to prevent the imminent physical damage or harm to the child;

(2)  The steps taken to provide notice to the child's parents, Indian custodian, and tribe about the hearing under section 224.3;

(3)  If the child's parents and Indian custodian are unknown, a detailed explanation of what efforts have been made to locate and contact them, including contact with the appropriate Bureau of Indian Affairs regional director;

(4)  The residence and the domicile of the Indian child;

(5)  If either the residence or the domicile of the Indian child is believed to be on a reservation or in an Alaska Native village, the name of the tribe affiliated with that reservation or village;

(6)  The tribal affiliation of the child and of the parents or Indian custodian;

(7)  A specific and detailed account of the circumstances that caused the Indian child to be taken into temporary custody;

(8)  If the child is believed to reside or be domiciled on a reservation in which the tribe exercises exclusive jurisdiction over child custody matters, a statement of efforts that have been made and that are being made to contact the tribe and transfer the child to the tribe's jurisdiction; and

(9)  A statement of the efforts that have been taken to assist the parents or Indian custodian so the Indian child may safely be returned to their custody.

(Subd (d) adopted effective January 1, 2020.)

Rule 5.676 amended effective January 1, 2020; repealed and adopted as rule 1445 effective January 1, 1998; previously amended effective July 1, 2002, and January 1, 2016; previously amended and renumbered as rule 5.676 effective January 1, 2007


Rules that reference this rule: N/A