Rule 13. Shelter hearings.
(a) Shelter hearings shall be conducted in
accordance with Section 78A-6-306 and Section 78A-6-307.
(b) The Division of Child and Family
Services shall file with the court at or before the shelter hearing a copy of the
notice form required by Section 62A-4a-202.2 and the notice required by Section
78A-6-306.
(c) At the beginning of the shelter hearing,
the court shall advise all persons present of the information submitted to the
court as a basis for the admission of the minor into shelter care and of the
scope and purpose of the hearing.
(d) The court may receive any information,
including hearsay and opinions, that is relevant to
the issue of whether it is safe to release the minor to the parent, guardian or
custodian. Privileged communications may be admitted only in accordance with
the rules of evidence.
(e) If the parent, guardian, or custodian of
the minor cannot be notified as provided in Section 78A-6-306, a shelter
hearing may be held without the minor's parent, guardian or custodian. Upon a
finding that a continuance is necessary for the protection of the minor, for
the accumulation or presentation of necessary evidence, to protect the rights
of a party, or for other good cause, the court may continue the hearing in
accordance with Section 78A-6-306.
(f) If the minor is not released, the order
for continued shelter shall be furnished to the agency responsible for shelter
care of minors in the county. Orders for continued shelter care shall be of
definite duration and may be extended upon review at a hearing in conformity
with Section 78A-6-306 and this rule.
(g) The release of the minor from shelter
care may be requested by the court, a party, or any person interested in the
minor at any time on the grounds that the conditions giving rise to the
placement no longer exist or no longer justify continuing shelter. Such request
shall be considered by the court at a hearing in conformity with Section
78A-6-306 and this rule.