Emergency Removal Laws & Requirements

Removing a child from a home is a seizure under the Fourth Amendment. Except in a true emergency, it requires a warrant or court order. An emergency removal must rest on probable cause that the child is in imminent danger.

After an emergency removal, parents are entitled to prompt notice and a hearing to contest the removal and to ask that the child be returned home or placed with a safe relative.

States must make reasonable efforts to prevent removal and to reunify the family. An emergency exception applies when the child's safety requires immediate action — but it does not eliminate the requirement for a prompt hearing.

For Indian children, an emergency removal must terminate immediately when no longer necessary to prevent serious damage, and cannot continue beyond statutory time limits without a hearing and a determination that continued custody is needed.

Addresses circumstances under which a child may be taken into protective custody, including by law enforcement and with court involvement, and the timelines for review.

Requires a prompt court hearing after a child is placed in protective custody, at which the parent's due-process rights attach: the right to be present and heard, to be represented by counsel (appointed if the parent qualifies), to present evidence and witnesses, to cross-examine the agency's witnesses, and to argue that the child should be returned home or placed with a safe alternative. The state carries the burden to show continued placement is needed.