LJuCR 2.5. Modification of Shelter Care Order

    (a) 30-Day Hearing and New Issues.
        (1) Time. The second hearing shall be set within 30 days of the first hearing, unless by agreement on the record or in writing of all parties or the order of the court.
        (2) Procedure.
            (A) If the court previously ordered that visitation between a parent and child be unsupervised, then unless any party seeks to raise issues pursuant to subsection (a)(3) of this rule, a hearing in open court will not occur, parties’ presence will be excused, and the court will enter an order continuing the terms of the 72-hour shelter care hearing.
            (B) If the court previously ordered that visitation between a parent and child be supervised or monitored, and no party has timely provided a report as described in subsection (a)(2)(C) of this rule, then a hearing in open court will not occur, parties’ presence will be excused, and the court will enter an order removing any requirement for supervision or monitoring of visitation but continuing the remaining terms of the 72-hour shelter care hearing.
            (C) If the court previously ordered that visitation between a parent and child be supervised or monitored, and a party has timely provided a report not later than noon three days prior to the 30-day shelter care hearing that includes evidence establishing that removing visit supervision or monitoring would create a risk to the child’s safety, then the court shall hold a hearing and determine on the record whether visit supervision or monitoring must continue.
        (3) Notice of Issues: Any party seeking to address an issue at the 30-day shelter care hearing shall file and serve a brief identifying the issue not later than noon three days prior to the hearing. Responses must be filed and served by noon the day before the hearing. Working copies should be provided as outlined in LJuCR 1.8(b)(4).
    (b) Modification of Shelter Care Order after 30-Day Hearing. An additional shelter care hearing can be set by filing a motion in accordance with LJuCR 1.8.

[Effective January 2, 1994; amended effective July 1, 1994; March 20, 1997; September 1, 2005; September 2, 2013; September 1, 2016; September 1, 2021; September 1, 2022; September 1, 2023.]