5.02.120 Removal of Juvenile

(a) The Court may order the removal of a juvenile from his parents or legal guardian, but no such order shall be made without first giving ten (10) day notice to the parents or guardian, unless the parents, guardian, or Court consents to an earlier removal. It is the intention of this Code that no juvenile shall be removed from his parents or guardian any longer than is reasonably necessary to preserve the welfare of the juvenile and the interests of this jurisdiction.

(b) Orders; Termination; Reviewals. An order vesting placement of a child in an individual agency or institution shall be for an indeterminate period, but shall not remain in force longer than 1 1/2 years from the date it is entered unless, within the 1 1/2 year period, the Court, after notice to the parties and a hearing, shall extend its order for a 1 1/2 year period. The findings of the Court and the reasons therefore shall be entered into the record with the review order or with the order denying renewal.

(1) The Court may issue a warrant authorizing a police officer to search for a minor if there is probable cause to believe that a minor is within the Court's jurisdiction.

(2) If it appears to the Court upon an affidavit sworn to by a police officer or any other person, and upon the examination of other witnesses if required by the Court, that there is probable cause to believe that a child is being detained or ill-treated in any place within the jurisdiction of the Court, the Court may issue a warrant authorizing a duly authorized police officer to search for the child. Upon serving such warrant upon the person in possession of the premises specified in the warrant, the officer making the search may enter the house or premises, if necessary by force, in order to remove the child. The officer must thereupon take the child to the Court or to place of detention or shelter designated by the Court.

(d) Minors in need of care.

(1) Emergency custody order (ex parte custody order). The Court may issue an emergency custody order (ex parte custody order) upon a sworn written statement of facts showing probable cause exists to believe that a minor is in need of care; or

(2) Search warrant. The Court may issue a warrant authorizing a police officer to search for a minor if there is probable cause to believe that the minor is within the Court's jurisdiction and an emergency custody order has been issued for the alleged minor in need of care.

(e) Retake (arrest) warrant. The Court may issue a retake (arrest) warrant directing that a minor be taken into custody if the Court finds probable cause to believe the minor has violated the terms of his probation.