Idaho Code

Idaho Code § 16-1609 (2026)

Emergency removal — Notice. 

✓ current as of May 2026
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Emergency removal — Notice. 

(1) A peace officer who takes a child into shelter care under section 16-1608, Idaho Code, shall immediately:

(a)  Take the child to a place of shelter; and
(b)  Notify the court of the action taken and the place to which the child was taken; and
(c)  With the exception of a child abandoned pursuant to the provisions of chapter 82, title 39, Idaho Code, notify each of the parents, guardian or other legal custodian that the child has been taken into shelter care, the type and nature of shelter care, and that the child may be held for a maximum of forty-eight (48) hours, excluding Saturdays, Sundays and holidays, within which time there must be a shelter care hearing.
(2)  A peace officer who takes a child into shelter care under section 16-1608, Idaho Code, shall not be held liable either criminally or civilly unless the action of taking the child was exercised in bad faith and/or the requirements of subsection (1) of this section are not complied with.
Notes of Decisions
Cited in 4 cases, 1986–2000 · leading case: In Re Doe
In Re Doe, 9 P.3d 1226 (Idaho 2000). · cites it 2× “See I.C. § 16-1609. If a preponderance of the evidence produced at the adjudicatory hearing indicates that the child comes within the purview of the CPA, the court shall issue a decree making findings of fact and conclusions of law upon which it exercises jurisdiction over the…”
Matter of X, 714 P.2d 13 (Idaho 1986). · cites it 2× “Phil McQueen, who is a psychologist employed by the Department, and Pamela Crookston, who is a social worker employed by the Department.”
Roe v. State, 9 P.3d 1226 (Idaho 2000). · cites it 2× “See I.C. § 16-1609. If a preponderance of the evidence produced at the adjudicatory hearing indicates that the child comes within the purview of the CPA, the court shall issue a decree making findings of fact and conclusions of law upon which it exercises jurisdiction over the…”
Idaho Dep't of Health & Welfare v. Syme, 714 P.2d 13 (Idaho 1986). · cites it 2× “The report appears to be that required by I.C. § 16-1609. The court minutes of December 8, 1983 reflect that Francie Hill, of the Department, had submitted her report on a voluntary basis, i.”
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