RULE 8.655. SHELTER PETITION, HEARING, AND ORDER

(a) Shelter Petition. If a child is to be placed in a shelter
after being taken into custody for a period longer than 24 hours,
the person requesting placement shall file a written petition which
shall:

(1) specify the name, address, and sex of the child, or,
if unknown, designate the child by any name or description by
which the child can be identified with reasonable certainty;

(2) specify that the child is of an age subject to the
jurisdiction of the court;

(3) state the reasons why the child needs to be placed
in a shelter;

(4) recommend where the child is to be placed or the
agency to be responsible for placement;

(5) be signed by the attorney for the petitioner; and

(6) include a certificate of service to all parties and their
attorneys of record.

(b) Shelter Hearing.

(1) The petitioner shall make a diligent effort to notify
the parent or custodian of the child and shall notify his or her
attorney of record of the date, time, and place of the hearing. The
petitioner shall list all parties notified of the hearing on the
certificate of service on the shelter petition.

(2) The court shall conduct an informal hearing on the
petition within the time period provided by law. The court shall
determine at the hearing whether the criteria provided by law for
placement in a shelter have been met.

(3) At the hearing all interested persons present shall
have an opportunity to be heard on the criteria for placement as
provided by law.

(4) The court may base its determination on a sworn
complaint, testimony, or affidavit and may hear all relevant and
material evidence, including oral and written reports, to the extent
of its probative value even though it would not be competent at an
adjudicatory hearing.

(5) The court shall advise the parties of:

(A) their right to be represented by counsel as
provided by law;

(B) the reason for the child being in custody and
why continued placement is requested; and

(C) their right to present placement alternatives.

(c) Shelter Order. The order shall be in writing and shall:

(1) state the name, age, and sex of the child and, if the
child’s age is unknown, that the child is believed to be of an age
which makes him or her subject to the jurisdiction of the court;

(2) include findings as provided by law;

(3) designate the place where the child is to be placed
or the person or agency that will be responsible for this placement
along with any special conditions found to be necessary;
(4) state the date and time where issued;

(5) indicate when the child shall be released from the
shelter or set a review of shelter hearing within the time limits
provided by law; and

(6) include a certificate of service to all parties and their
attorneys of record.

(d) Release From Shelter Care. No child shall be released
from shelter after a shelter order has been entered except on order
of the court unless the shelter order authorizes release by the
department.