A. The peace officer, employee of the court, or the employee of the Department of Human Services responsible for assuming physical custody of a child shall provide the parent, legal guardian, or physical custodian of the child with immediate written notice of the protective or emergency custody of the child if personally present, or if not present as soon as possible. B. The written notice shall inform the parents, legal guardian, or custodian of the following: 1. That an emergency custody hearing to determine custody of the child will occur within two (2) judicial days from the date the child was taken into custody; 2. The date, time, and place for the emergency custody hearing; 3. The nature of the allegation that led to placement of the child into protective or emergency custody; 4. The address and telephone number of the applicable law enforcement agency and the Department; and 5. The right to contact an attorney. C. The written notice shall also contain the following language: "FAILURE TO RESPOND TO THIS NOTICE OR TO APPEAR AT THE EMERGENCY CUSTODY HEARING MEANS YOUR CHILD WILL REMAIN IN CUSTODY. YOUR FAILURE TO RESPOND OR COOPERATE MEANS YOU MAY LOSE CUSTODY OF THIS CHILD OR YOUR RIGHTS AS A PARENT MAY BE TERMINATED." Added by Laws 1995, c. 352, § 13, eff. July 1, 1995. Amended by Laws 1998, c. 421, § 7, emerg. eff. June 11, 1998; Laws 2000, c. 374, § 11, eff. July 1, 2000; Laws 2001, c. 141, § 2, emerg. eff. April 30, 2001; Laws 2005, c. 120, § 1, eff. July 1, 2005; Laws 2007, c. 196, § 1, eff. July 1, 2007; Laws 2008, c. 293, § 2, emerg. eff. June 2, 2008; Laws 2009, c. 233, § 19, emerg. eff. May 21, 2009. Renumbered from § 7003-2.4 of Title 10 by Laws 2009, c. 233, § 227, emerg. eff. May 21, 2009.
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