PART IV. COURT PROCEEDINGS, EVIDENCE, AND ORDERS

 

[587A-12] Petition. (a) A petition invoking the jurisdiction of the court under this chapter shall:

(1) Be verified and set forth:

(A) A concise statement of the basis for each allegation of harm or threatened harm that brings a child within this chapter;

(B) The name, birth date, gender, and residential address of the child;

(C) The names and last known residential addresses of the parents and other persons to be made parties to the proceedings under this chapter; and

(D) Whether the child is under the temporary foster custody or foster custody of the department and, if so, the date on which the department assumed physical custody of the child;

(2) State whether any of the facts required by this section cannot be determined prior to filing the petition; provided that the petition may be based on information and belief, but shall state the basis thereof; and

(3) Include the warning that, if the petition is granted, parental rights may be terminated unless the family is willing and able, with the assistance of a service plan, to provide the child with a safe family home within a reasonable period of time.

(b) If the court determines that the child is subject to imminent harm while in the custody of the child's family, the court shall order that a police officer immediately take the child into protective custody and that the department immediately assume temporary foster custody of the child.

(c) The court shall conduct:

(1) A temporary foster custody hearing, pursuant to section 587A-26, within two days after the petition is filed, excluding Saturdays, Sundays, and holidays; or

(2) A return hearing, pursuant to section 587A-28, within fifteen days after the petition is filed or the date a decision is announced by the court during a temporary foster custody hearing, if the petition requests foster custody or family supervision of the child.

(d) The court may adopt rules concerning the titles, filing, investigation, and form and content of petitions and other pleadings and proceedings in cases under this chapter, or any other matter arising in child protective proceedings. [L 2010, c 135, pt of 1]

 

 

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