Rule 13 - Temporary Disposition; Temporary Orders; Emergency Medical and Surgical Treatment(A) Temporary disposition. Pending hearing on a complaint, the court may make such temporary orders concerning the custody or care of a child who is the subject of the complaint as the child's interest and welfare may require.(B) Temporary orders.(1) Pending hearing on a complaint, the judge or magistrate may issue temporary orders with respect to the relations and conduct of other persons toward a child who is the subject of the complaint as the child's interest and welfare may require.(2) Upon the filing of an abuse, neglect, or dependency complaint, any party may by motion request that the court issue any of the following temporary orders to protect the best interest of the child: (a) An order granting temporary custody of the child to a particular party;(b) An order for the taking of the child into custody pending the outcome of the adjudicatory and dispositional hearings;(c) An order granting, limiting, or eliminating visitation rights with respect to the child;(d) An order for the payment of child support and continued maintenance of any medical, surgical, or hospital policies of insurance for the child that existed at the time of the filing of the complaint, petition, writ, or other document;(e) An order requiring a party to vacate a residence that will be lawfully occupied by the child;(f) An order requiring a party to attend an appropriate counseling program that is reasonably available to that party;(g) Any other order that restrains or otherwise controls the conduct of any party which conduct would not be in the best interest of the child.(3) The orders permitted by division (B)(2) of this rule may be granted ex parte if it appears that the best interest and welfare of the child require immediate issuance. If the court issues the requested ex parte order, the court shall hold a hearing to review the order within seventy-two hours after it is issued or before the end of the next court day after the day on which it is issued, whichever occurs first. The court shall appoint a guardian ad litem for the child prior to the hearing. The court shall give written notice of the hearing by means reasonably likely to result in the party's receiving actual notice and include all of the following: (a) The date, time, and location of the hearing;(b) The issues to be addressed at the hearing;(c) A statement that every party to the hearing has a right to counsel and to court appointed counsel, if the party is indigent;(d) The name, telephone number, and address of the person requesting the order;(e) A copy of the order, except when it is not possible to obtain it because of the exigent circumstances in the case.(4) The court may review any order under this rule at any time upon motion of any party for good cause shown or upon the motion of the court.(5) If the court does not grant an ex parte order, the court shall hold a shelter care hearing on the motion within ten days after the motion is filed.(C) Emergency medical and surgical treatment. Upon the certification of one or more reputable practicing physicians, the court may order such emergency medical and surgical treatment as appears to be immediately necessary for any child concerning whom a complaint has been filed.(D) Ex parte proceedings. In addition to the ex parte proceeding described in division (B) of this rule, the court may proceed summarily and without notice under division (A), (B), or (C) of this rule, where it appears to the court that the interest and welfare of the child require that action be taken immediately.(E) Hearing; notice. In addition to the procedures specified in division (B) of this rule and wherever possible, the court shall provide an opportunity for hearing before proceeding under division (D) of this rule. Where the court has proceeded without notice under division (D) of this rule, it shall give notice of the action it has taken to the parties and any other affected person and provide them an opportunity for a hearing concerning the continuing effects of the action.(F) Probable cause finding. Upon the finding of probable cause at a shelter care hearing that a child is an abused child, the court may do any of the following: (1) Upon motion by the court or of any party, issue reasonable protective orders with respect to the interviewing or deposition of the child;(2) Order that the child's testimony be videotaped for preservation of the testimony for possible use in any other proceedings in the case;(3) Set any additional conditions with respect to the child or the case involving the child that are in the best interest of the child.(G) Payment. The court may order the parent, guardian, or custodian, if able, to pay for any emergency medical or surgical treatment provided pursuant to division (C) of this rule. The order of payment may be enforced by judgment, upon which execution may issue, and a failure to pay as ordered may be punished as contempt of court.Effective:7/1/1972; amended effective 7/1/1994;7/1/1996.