§587A-26 Temporary foster custody hearing. (a) When the department assumes temporary foster custody of a child and files a petition pursuant to this chapter, the court shall conduct a temporary foster custody hearing within two days after the petition is filed, excluding Saturdays, Sundays, and holidays. The purpose of a temporary foster custody hearing is to determine whether a child's safety continues to require protection prior to an adjudicatory determination at a return hearing.

(b) The temporary foster custody hearing may be continued for a period not to exceed fifteen days if the court determines that further investigation would be in the child's best interests.

(c) After reviewing the petition and any reports submitted by the department and considering all information pertaining to the safe family home factors, the court shall order:

(1) That the child be immediately released from the department's temporary foster custody, placed in temporary family supervision, and returned to the child's family home with the assistance of services, upon finding that the child's family is able to provide a safe family home with services; or

(2) That the child continue in the department's temporary foster custody, upon finding that there is reasonable cause to believe that continued placement in foster care is necessary to protect the child from imminent harm; provided that in making this determination, the court shall consider whether:

(A) The department made reasonable efforts to prevent or eliminate the need for removing the child from the child's family home before the child was placed in foster care;

(B) The alleged or potential perpetrator of imminent harm, harm, or threatened harm should be removed from the family home rather than continuing the child's placement in foster care. The child's family shall have the burden of establishing that it is in the child's best interests to remove the child, rather than the alleged or potential perpetrator, from the family home; and

(C) Every reasonable effort has been or is being made to place siblings or psychologically-bonded children together, unless such placement is not in the children's best interests.

(d) The court shall conduct a return hearing on the petition within fifteen days after the temporary foster custody hearing.

(e) The court may further order that:

(1) Any party undergo a physical, developmental, psychological, or psychiatric evaluation and that a written or oral report be submitted or communicated to the court and all parties before the next court hearing;

(2) The child's family members who are parties provide the department or another authorized agency the names and addresses of other relatives and friends who are potential visitation supervisors or resource families for the child;

(3) The child's family members who are parties be permitted reasonable supervised or unsupervised visitation with the child at the discretion of the child's guardian ad litem, the department, or another authorized agency;

(4) The court and the parties view a video or listen to an audio recording of the child's statements at such time and in such manner as the court deems appropriate;

(5) A criminal history record check be conducted by the department or another authorized agency on a party who is an alleged or potential perpetrator of imminent harm, harm, or threatened harm to the child;

(6) A protective order be entered;

(7) The department or another authorized agency prepare a written supplemental report;

(8) The child's guardian ad litem visit the child's family home and resource family home, be present during supervised visitation, and prepare a written report that includes specific recommendations concerning services and assistance to the family; and

(9) Any other orders be entered that the court deems necessary and in the best interests of the child.

(f) Any party may file a motion requesting, or the court may order sua sponte, a temporary foster custody hearing or rehearing at any time after a petition is filed, to determine whether the child should be placed in temporary foster custody to ensure the child's safety pending a scheduled return hearing. [L 2010, c 135, pt of §1]