Idaho Code
Idaho Code § 16-1608 (2026)
Emergency removal.
✓ current as of May 2026
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Emergency removal.
(1) A child may be taken into shelter care by a peace officer without an order issued pursuant to subsection (4) of section 16-1611 or section 16-1619, Idaho Code, only where the child is endangered in his surroundings and prompt removal is necessary to prevent serious physical or mental injury to the child or where the child is an abandoned child pursuant to the provisions of chapter 82, title 39, Idaho Code.
(2) When a child is taken into shelter care under subsection (1) of this section, he may be held for a maximum of forty-eight (48) hours, excluding Saturdays, Sundays and holidays, unless a shelter care hearing has been held pursuant to section 16-1615, Idaho Code, and the court orders an adjudicatory hearing.
Notes of Decisions
Cited in 16
cases, 1962–2020 · leading case: Merritt for Merritt v. State, 696 P.2d 871 (Idaho 1985).
Merritt for Merritt v. State, 696 P.2d 871 (Idaho 1985). “" The magistrate scheduled an adjudicatory hearing (I.C. § 16-1608) for March 26 to determine whether Deborah was within the purview of the Child Protective Act (CPA).”
Idaho Dep't of Health & Welfare v. Doe, 244 P.3d 247 (Idaho Ct. App. 2010). “Idaho Code § 16-1608 (2). It is undisputed that the first shelter care hearing did not commence in this case until July 24, 2009, at 10:30 a.”
Idaho Dep't of Health & Welfare v. Doe, 256 P.3d 708 (Idaho 2011). “I.C. § 16-1608. Each parent from *304 whom the child was removed must be given notice of the shelter care hearing, and that notice shall include “that such person is entitled to be represented by legal counsel.”
In Re the Termination of the Parental Rights of Doe, 386 P.3d 916 (Idaho 2016). “The Lincoln County Sheriff took three children into shelter care on July 10, 2013, pursuant to Idaho Code section 16-1608(1) on the ground that the children were endangered in their surroundings and that prompt removal was necessary to prevent serious physical or mental injury…”
Termination of Parental Rights of John Doe (2014-25), 349 P.3d 1205 (Idaho 2015). “I.C. § 16-1608 (1948). The chapter also provided: Any benevolent or charitable society incorporated under chapter 11 of title 30, all the officers and agents of said society to be residents of the state of Idaho, and having for its object the receiving, aiding, caring for,…”
Spaulding v. Child.'s Home Finding & Aid Soc'y of North Idaho, Inc., 402 P.2d 52 (Idaho 1965). “Then followed the court’s order, dated June 6, 1963, shown filed July 18, 1963, that the children be “removed from the custody of and control of their parents, David Spaulding and Jean Dowdy, and committed to the care and custody of the Children’s Home * * * subject to the…”
In Interest of SW, 903 P.2d 102 (Idaho Ct. App. 1995). “In remanding a case under the Child Protective Act, the Idaho Supreme Court stated: If further evidence is to be taken before the magistrate this would call attention to the fact that the Idaho Rules of Evidence will apply and that I.R.E. 101 modifies I.”
Matter of X, 714 P.2d 13 (Idaho 1986). “Hence, I.C. § 16-1608(b), "[t]he hearing shall be conducted in an informal manner," is no longer governing in these matters.”
John Doe v. Jane Doe, 431 P.3d 1 (Idaho 2018). “Officer Woodward declared the six children to be in imminent danger, requiring their immediate removal based on Idaho Code section 16-1608. He later testified that his reasons for declaring the children to be in imminent danger included the presence of a substance he believed to…”
State v. Bombino, 374 P.2d 854 (Idaho 1962). “Idaho Code, § 16-1608, in pertinent part provides: “In every case where the court shall make an order, as provided in the foregoing sections, removing a child from its parents, guardian or custodian and committing it to the care of some person, institution or to some society, as…”
Idaho Dep't of Health & Welfare v. Syme, 714 P.2d 13 (Idaho 1986). “Hence, I.C. § 16-1608(b), “[t]he hearing shall be conducted in an informal manner,” is no longer governing in these matters.”
Wood v. State, Dep't of Health & Welfare, 903 P.2d 102 (Idaho Ct. App. 1995). “In remanding a case under the Child Protective Act, the Idaho Supreme Court stated: If further evidence is to be taken before the magistrate this would call attention to the fact that the Idaho Rules of Evidence will apply and that I.R.E.”
— Idaho Code § 16-1608(1) — 1 case
In Re the Termination of the Parental Rights of Doe, 386 P.3d 916 (Idaho 2016). “The Lincoln County Sheriff took three children into shelter care on July 10, 2013, pursuant to Idaho Code section 16-1608(1) on the ground that the children were endangered in their surroundings and that prompt removal was necessary to prevent serious physical or mental injury…”
— Idaho Code § 16-1608(2) — 1 case
Idhw v. Doe (Idaho Ct. App. 2020).
— Idaho Code § 16-1608(b) — 4 cases
In Interest of SW, 903 P.2d 102 (Idaho Ct. App. 1995). “In remanding a case under the Child Protective Act, the Idaho Supreme Court stated: If further evidence is to be taken before the magistrate this would call attention to the fact that the Idaho Rules of Evidence will apply and that I.R.E. 101 modifies I.”
Matter of X, 714 P.2d 13 (Idaho 1986). “Hence, I.C. § 16-1608(b), "[t]he hearing shall be conducted in an informal manner," is no longer governing in these matters.”
Idaho Dep't of Health & Welfare v. Syme, 714 P.2d 13 (Idaho 1986). “Hence, I.C. § 16-1608(b), “[t]he hearing shall be conducted in an informal manner,” is no longer governing in these matters.”
Wood v. State, Dep't of Health & Welfare, 903 P.2d 102 (Idaho Ct. App. 1995). “In remanding a case under the Child Protective Act, the Idaho Supreme Court stated: If further evidence is to be taken before the magistrate this would call attention to the fact that the Idaho Rules of Evidence will apply and that I.R.E.”
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