How does DSS get emergency temporary custody of a child?
To get emergency temporary custody of a child, a DSS worker must go to Juvenile Court with a written statement called an affidavit that tells the judge why DSS believes that it is necessary to remove the child from the custody of his or her parent. If the judge agrees that the allegations are so serious that removal is necessary to protect the child from harm, the judge can temporarily order that the child be placed in the custody of DSS. In extreme emergencies, DSS has legal authority to remove a child from their guardian even without advance court permission. In these cases, immediately after the removal, DSS must notify the court of the emergency and get permission to keep the child. What happens after the child is removed? If a child is temporarily removed from his or her parent, the parent and the child have a right to a hearing during which they each can tell the judge their side of the story. The hearing should be held within approximately 72 hours of the child’s removal from th
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