When a Children Services Board brings an abuse, neglect, or dependency action before a court, there are certain times when the condition or environment in which the child is in at that time is such that the agency feels that it is necessary to remove the child from his or her home for safety reasons. This is called "shelter care."

In this article, we will look at the standard for putting a child in shelter care, as well as where a child may be placed, and the rights that parents retain during the course of the proceedings in court.

First, we’ll explore the basics of shelter care.

When an agency requests an ex-parte order from the court (i.e. without a court hearing) granting them emergency shelter care of a child, oral or written notice must be given to the child and to the child’s parents (if their whereabouts are known). The parents must be notified that a case plan will be prepared for a child, as well as what the general requirements of the case plan will be. The agency must also let the parents know that failure to comply with the requirements of the case plan could result in serious long-term consequences, including permanent removal of the child from their home.

In most jurisdictions, a shelter care hearing must be held within 72 hours of the child’s removal from his or her home. Prior to such a hearing, the parents must be informed of their right to counsel, and their right to have court-appointed counsel should they not be able to afford one. At the shelter care hearing, the court will hear evidence to determine whether or not the circumstances are such that the child should remain in shelter care until a final court order is made based on the complaint filed by Children Services.

When a child is alleged to have been abused, neglected, or dependent, he or she may be held in a certified foster home throughout the pendency of the proceedings. The foster home is the "shelter" that the child is placed in to receive the appropriate care necessary for the welfare of the child.

Next, let’s take a look at the standard for continued emergency shelter care.

In order to determine whether or not a child should remain in the emergency shelter care of an agency, Children Services must prove that there is probable cause to believe that the child is in danger of immediate or threatened physical or emotional harm in the environment of the parent(s) from whom the child was removed. Continued shelter care may also be required where the child has no parent or guardian available to provide for his or her basic needs, or where there is belief that the child will be removed from the court’s jurisdiction if he or she is returned home. Let’s look at a few examples to flesh out these standards.

Let’s assume that a referral is made to the local Children Services Board alleging that a mother and father threw their baby down a flight of stairs. In the course of their investigation, Children Services workers discover this to be true, and find that the baby has sustained serious injuries. At this point, Children Services may call the local juvenile court and ask for an ex-parte order granting them emergency shelter care of the child. The order is granted, and the workers (along with the local police) remove the child from the home. The following day, a shelter care hearing is held at the court, and Children Services will put on evidence showing that the child is in danger of immediate or threatened harm, and therefore shelter care should continue. The parents dispute this, but Children Services is able to show that the parents have significant mental health and drug abuse issues such that this incident where the child was hurled down the stairs may happen again. Under these circumstances, the court may find that continued shelter care is necessary for the welfare of the child.

If continued emergency shelter care is found to be in a child’s best interests, the court will also determine whether or not there are any appropriate relatives of the child that could temporarily care for him or her. Should appropriate relatives exist, the court will likely place the child with those relatives, as this placement is less restrictive than a placement in shelter care.

At this shelter care hearing, the court will also determine whether or not the agency who initially removed the child from the home made reasonable efforts to prevent the removal of the child from the home, and to eliminate the continued removal of the child from the home. An example of "reasonable efforts" by the agency may mean removing the person who threw the child down the stairs from the home so that the other parent can continue to care for the child. Let’s say in our last hypothetical that the child’s father alone has significant drug issues and was under the influence of cocaine when he committed this horrible abuse on the child. If the child’s mother is appropriate, perhaps the agency could invoke a safety plan in which the father is temporarily removed from the home so that the mother can care for the child until he attends drug treatment and tests clean of all illegal substances.

Next, let’s explore the rights retained by the child and his or her parents while in continued emergency shelter care.

When a child is placed in the continued emergency shelter care during the pendency of abuse, neglect, or dependency proceedings, both the child and his or her parents maintain certain rights. With respect to the child, he or she maintains the right to telephone his or her parents at reasonable times. The child also has a right to contact his or her attorney, if one has been appointed or retained for the child in this particular matter. Many times, the local Children Services agency will set up specific times for the child to contact his or her parents.

As far as the parents are concerned, they are permitted to visit the child during reasonable visiting hours. Usually, because the circumstances requiring continued shelter care are such that they may pose imminent risk to the health and well-being of the child, the visitation between the parents and child is supervised by agency personnel. Some states even allow the child’s adult family members, pastor, and teachers to visit the child at reasonable visiting hours. The child’s attorney, however, is permitted to visit the child at ANY time.

Finally, let’s conclude this article by reflecting on a few key points about shelter care.

Shelter care is a very serious tool used by county officials when a child is at risk for immediate or threatened physical or emotional harm. Although it is very invasive with respect to the parents’ right to raise their child as they see fit, it is necessary for the continued protection of children who are abused, neglected, and dependent. The parents are afforded certain opportunities to keep the agency who removed their child "in check", and the agency must make reasonable efforts to reunite the child with his or her family.