§ 5305 — Emergency care order; conditional custody order

(a) Transfer of temporary custody. If the court determines that the child’s continued residence in the home is contrary to the child’s welfare, the court may issue an emergency care order transferring temporary custody of the child to the Department pending a temporary care hearing. The determination may be made ex parte, provided that it is reasonably supported by the affidavit prepared in accordance with section 5302 of this title.
(b) Contents of emergency care order. The emergency care order shall contain:
(1) a written finding that the child’s continued residence in the home is contrary to the child’s welfare and the factual allegations that support that finding;
(2) the date, hour, and place of the temporary care hearing to be held pursuant to section 5307 of this title; and
(3) notice of a parent’s right to counsel at the temporary care hearing.
(c) Conditional custody order. If the court determines that the child may safely remain in the custody of the custodial parent, guardian, or custodian subject to such conditions and limitations necessary and sufficient to protect the child pending a temporary care hearing, the court may deny the request for an emergency care order and issue an emergency conditional custody order. An emergency conditional custody order shall contain the date, hour, and place of the temporary care hearing and notice of a parent’s right to counsel at the hearing. (Added 2007, No. 185 (Adj. Sess.), § 3, eff. Jan. 1, 2009.)