Idaho Code
Idaho Code

Idaho Code § 16-1615 (2026)

Shelter care hearing. 

✓ current as of May 2026
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Shelter care hearing. 

(1) Notwithstanding any other provision of this chapter, when a child is taken into shelter care pursuant to section 16-1608 or 16-1611, Idaho Code, a hearing to determine whether the child should be released shall be held according to the provisions of this section.

(2)  Each of the parents or custodian from whom the child was removed shall be given notice of the shelter care hearing. Such notice shall include the time, place, and purpose of the hearing; and, that such person is entitled to be represented by legal counsel. Notice as required by this subsection shall be given at least twenty-four (24) hours before the shelter care hearing.
(3)  Notice of the shelter care hearing shall be given to the parents or custodian from whom the child was removed by personal service and the return of service shall be filed with the court and to any person having joint legal or physical custody of the subject child. Provided, however, that such service need not be made where the undelivered notice is returned to the court along with an affidavit stating that such parents or custodian could not be located or were out of the state.
(4)  The shelter care hearing may be continued for a reasonable time upon request by the parent, custodian or counsel for the child.
(5)  If, upon the completion of the shelter care hearing, it is shown that:
(a)  A petition has been filed; and
(b)  There is reasonable cause to believe the child comes within the jurisdiction of the court under this chapter and either:
(i)   The department made reasonable efforts to eliminate the need for shelter care but the efforts were unsuccessful; or
(ii)  The department made reasonable efforts to eliminate the need for shelter care but was not able to safely provide preventive services; and
(c)  The child could not be placed in the temporary sole custody of a parent having joint legal or physical custody; and
(d)  It is contrary to the welfare of the child to remain in the home; and
(e)  It is in the best interests of the child to remain in temporary shelter care pending the conclusion of the adjudicatory hearing.
The court shall issue, within twenty-four (24) hours of such hearing, a shelter care order placing the child in the temporary legal custody of the department or other authorized agency. Any evidence may be considered by the court which is of the type which reasonable people may rely upon.
(6)  Upon finding reasonable cause pursuant to subsection (5)(b) of this section, the court shall order an adjudicatory hearing to be held as soon as possible, but in no event later than thirty (30) days from the date the petition was filed. In addition, the court shall inquire whether there is reason to believe that the child is an Indian child.
(7)  Upon entry of an order of shelter care, the court shall inquire:
(a)  If the child is of school age, about the department’s efforts to keep the child in the school at which the child is currently enrolled; and
(b)  If a sibling group was removed from their home, about the department’s efforts to place the siblings together, or if the department has not placed or will not be placing the siblings together, about a plan to ensure frequent visitation or ongoing interaction among the siblings, unless visitation or ongoing interaction would be contrary to the safety or well-being of one (1) or more of the siblings.
(8)  If the court does not find that the child should be placed in or remain in shelter care under subsection (5) of this section, the child shall be released.
(9)  If the court does not find reasonable cause pursuant to subsection (5)(b) of this section, the court shall dismiss the petition.
Notes of Decisions
Cited in 10 cases (2 in the last 5 years), 2007–2024 · leading case: Idaho Dep't of Health & Welfare v. Doe, 256 P.3d 708 (Idaho 2011).
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Idaho Dep't of Health & Welfare v. Doe, 256 P.3d 708 (Idaho 2011). · cites it 10× “§ 16-1615(2), the notices for Son’s and Daughter’s shelter care hearings were sent to Jane Doe and included the following language, “you have the right to appear at the Shelter Care Hearing and to be represented by legal counsel.”
Idaho Dep't of Health & Welfare v. Doe, 369 P.3d 932 (Idaho 2016). · cites it 4× “On June 13, 2014, the magistrate court asserted jurisdiction over Child pursuant to Idaho Code section 16-1603(1) and issued a temporary custody order pursuant to Idaho Code section 16-1615(5). In support of its order, the magistrate court found: (1) there was reasonable cause…”
Idaho Dep't of Health & Welfare v. Doe, 244 P.3d 247 (Idaho Ct. App. 2010). · cites it 2× “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.”
State v. Timmons, 178 P.3d 644 (Idaho Ct. App. 2007). · cites it 2× “See I.C. §§ 16-1615(2), 16-1623. The record does not indicate the exact nature of the notice.”
Idaho Dep't of Health & Welfare v. Doe, 365 P.3d 420 (Idaho Ct. App. 2015). · cites it 4× “” Additionally, I.C. § 16-1615 provides a right to legal representation in shelter care hearings.”
IDHW v. John Doe (Idaho 2023). · cites it 6× “” I.C. § 16-1615(5). If a magistrate court finds reasonable cause to believe a child falls under the jurisdiction of the Act, then an adjudicatory hearing must be held as soon as possible, but no later than thirty days after the CPA petition was filed, to determine whether a…”
IDHW v. Jane & John Doe (Idaho 2024). · cites it 4× “I.C. § 16-1615(5). Here, Parents contend that the magistrate court’s best interest determination under subsection (e) was unsupported by substantial and competent evidence.”
IDHW v. Jane Doe (Idaho Ct. App. 2020). · cites it 2× “I.C. § 16-1615(5)(b). The magistrate court must also make findings regarding reasonable efforts at the adjudicatory hearing in order to vest custody in the Department.”
Idhw v. Doe (Idaho Ct. App. 2020). · cites it 2× “” I.C. § 16-1615(6). Following an adjudicatory hearing, a magistrate court shall enter a decree if a preponderance of the evidence shows the child comes within the court’s jurisdiction and if the court vests legal custody in the Department.”
Idaho Dep't of Health & Welfare v. Doe (2014-08) (Idaho Ct. App. 2014). · cites it 2× “In addition, we note that a magistrate is explicitly required to make a finding of reasonable efforts at numerous earlier stages of the proceedings, including the shelter care hearing, Idaho Code § 16-1615 (5)(b); the adjudicatory hearing, I.”
— Idaho Code § 16-1615(2) — 2 cases
Idaho Dep't of Health & Welfare v. Doe, 256 P.3d 708 (Idaho 2011). “§ 16-1615(2), the notices for Son’s and Daughter’s shelter care hearings were sent to Jane Doe and included the following language, “you have the right to appear at the Shelter Care Hearing and to be represented by legal counsel.”
State v. Timmons, 178 P.3d 644 (Idaho Ct. App. 2007). “See I.C. §§ 16-1615(2), 16-1623. The record does not indicate the exact nature of the notice.”
— Idaho Code § 16-1615(4) — 1 case
Idaho Dep't of Health & Welfare v. Doe, 256 P.3d 708 (Idaho 2011). “§ 16-1615(2), the notices for Son’s and Daughter’s shelter care hearings were sent to Jane Doe and included the following language, “you have the right to appear at the Shelter Care Hearing and to be represented by legal counsel.”
— Idaho Code § 16-1615(5) — 4 cases
Idaho Dep't of Health & Welfare v. Doe, 369 P.3d 932 (Idaho 2016). “On June 13, 2014, the magistrate court asserted jurisdiction over Child pursuant to Idaho Code section 16-1603(1) and issued a temporary custody order pursuant to Idaho Code section 16-1615(5). In support of its order, the magistrate court found: (1) there was reasonable cause…”
Idaho Dep't of Health & Welfare v. Doe, 256 P.3d 708 (Idaho 2011). “§ 16-1615(2), the notices for Son’s and Daughter’s shelter care hearings were sent to Jane Doe and included the following language, “you have the right to appear at the Shelter Care Hearing and to be represented by legal counsel.”
IDHW v. Jane & John Doe (Idaho 2024). “I.C. § 16-1615(5). Here, Parents contend that the magistrate court’s best interest determination under subsection (e) was unsupported by substantial and competent evidence.”
IDHW v. John Doe (Idaho 2023). “” I.C. § 16-1615(5). If a magistrate court finds reasonable cause to believe a child falls under the jurisdiction of the Act, then an adjudicatory hearing must be held as soon as possible, but no later than thirty days after the CPA petition was filed, to determine whether a…”
— Idaho Code § 16-1615(5)(b) — 2 cases
IDHW v. Jane Doe (Idaho Ct. App. 2020). “I.C. § 16-1615(5)(b). The magistrate court must also make findings regarding reasonable efforts at the adjudicatory hearing in order to vest custody in the Department.”
IDHW v. John Doe (Idaho 2023). “” I.C. § 16-1615(5). If a magistrate court finds reasonable cause to believe a child falls under the jurisdiction of the Act, then an adjudicatory hearing must be held as soon as possible, but no later than thirty days after the CPA petition was filed, to determine whether a…”
— Idaho Code § 16-1615(6) — 3 cases
Idaho Dep't of Health & Welfare v. Doe, 256 P.3d 708 (Idaho 2011). “§ 16-1615(2), the notices for Son’s and Daughter’s shelter care hearings were sent to Jane Doe and included the following language, “you have the right to appear at the Shelter Care Hearing and to be represented by legal counsel.”
Idhw v. Doe (Idaho Ct. App. 2020). “” I.C. § 16-1615(6). Following an adjudicatory hearing, a magistrate court shall enter a decree if a preponderance of the evidence shows the child comes within the court’s jurisdiction and if the court vests legal custody in the Department.”
IDHW v. John Doe (Idaho 2023). “” I.C. § 16-1615(5). If a magistrate court finds reasonable cause to believe a child falls under the jurisdiction of the Act, then an adjudicatory hearing must be held as soon as possible, but no later than thirty days after the CPA petition was filed, to determine whether a…”
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