| A. Filing |
| C.R.J.P. 4 |
A petition
must be filed within ten court days of taking a child into custody.
|
| People
in the Interest of A.M., 786 P.2d 476 ( |
It is usually
filed at the temporary custody hearing. The action cannot be dismissed if this deadline is missed, because it
does not deprive the court of jurisdiction. However, the parent may request the child be
released from temporary custody.
|
| L.G.
v. People, 890 P.2d 647 ( |
Only the state may file a D&N petition. |
| McCall
v. District Court, 651 P.2d 392 ( |
The child’s guardian ad litem or relative may not. |
| People
in the Interest of G.S., 820 P.2d 1178 ( |
However, once
a petition is filed, the state cannot withdraw it if the GAL objects. Unlike the GAL, an intervening relative’s
objection cannot prevent dismissal.
|