Emergency Removal of Child(ren)
Effective Jan 6, 2023Mass. Register #1486MGL c. 18B MGL c. 66A MGL c. 119, §§ 23(A), 51A through F, 39E through J MGL c. 210, § 2Massachusetts Department of Children & Families
- (1) Emergency removal pursuant to M.G.L. c. 119, § 51B is an extreme measure requiring dire circumstances. Before arriving at a decision to effect an emergency removal, the response worker shall consider the potential harm to the child(ren) caused by such removal.
(2) A child may be immediately taken into custody if, after viewing the child, the Department's response worker finds reasonable cause to believe:
- (a) A condition of serious abuse or neglect (including abandonment) exists;
- (b) As a result of that condition, removal of the child is necessary to avoid a substantial risk of death or serious emotional or physical injury or sexual abuse to the child(ren);
- (c) The nature of the emergency is such that there is inadequate time to seek a court order for removal; and
- (d) Reasonable efforts to prevent the removal have been made or considered and are not sufficient to mitigate the risk of harm to the child(ren).
- (3) The next business day following an emergency removal, the Department shall file a written report with the court together with a petition pursuant to M.G.L. c. 119, § 24.