Article XV. Filing a Youth in Need of Care Petition
10.10.450 Grounds and content of the petition.
A youth in need of care petition (the “petition”) may be filed by any interested party when there is reasonable cause to believe that a child is, has been or is in immediate risk of harm to himself, herself or others, or at immediate risk of abuse or neglect. The petition shall state the specific facts concerning:
(A) The name, address, gender and age of the child;
(B) The names and addresses of the child’s parents and any custodians of the child; unless it is known that one (1) of the parents is a victim of domestic violence and there exists good cause that the address shall be kept confidential;
(C) A concise statement of facts that support the conclusion that the child is, has been or is in immediate risk of being subjected to abuse or neglect or other serious risk of harm;
(D) The names and addresses of any other person or Tribe with an interest in the child;
(E) The nature and extent of the child’s alleged injury, abuse or neglect or other serious risk of harm;
(F) Any evidence of injuries, abuse or neglect (including reports from doctors, public health nurses, health assistance, teachers, and witnesses to injury, abuse or neglect, etc., and the date, time and location supporting allegations of abuse and neglect);
(G) Any information that may be helpful in identifying the cause of the child’s alleged injuries or neglect;
(H) A statement identifying of what tribe(s), if any, the child is a member or eligible for membership; and
(I) The factual basis for the Court’s jurisdiction.
If the child is placed or detained outside of the home, the petition shall state where the child is placed, the facts necessitating removal, and the date and time of the removal. If the child has been removed from the home, he or she must be returned home if a petition has not been filed within two (2) court days of the date of removal. [Res. 22-R-037, 2/24/2022; Res. 09-R-062 Title 1 § (14)(A), 4/30/2009. Formerly 10.10.320.]