What is a shelter petition and a shelter hearing?

In cases where the Department of Children and Families has been called through the ABUSE HOTLINE and determines that a child can not remain safely in the home with a parent, it can remove a child and petition the court within twenty-four (24) hours for

(a) placement of the child in emergency shelter care ( ie. a foster home)  or
(b) placement of the child with a willing relative or other responsible adult.

The Department must file a Dependency Petition within twenty-eight (28) days of  the child’s removal, advising the parent of what conditions led to the removal of the child from the home.

A Person with knowledge can "stand in the shoes of the Department" and file a shelter petition seeking the removal of a child from an offending parent’s home.  The Department of Children and Families will, in all likelihood, be made a party to the action in order to provide services to the family.

The parent can agree to work on a case plan to regain custody of the child or the parent can deny the Department’s allegations and go to trial .