Code of Massachusetts Regulations
110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES
Title 110 CMR 4.00 - Intake
Intake for Protective Service Delivery
Section 4.29 - Emergency Removal of Child(ren)
Universal Citation: 110 CMR 4.00 MA Code of Regs 4.29
Current through Register 1531, September 27, 2024
(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.
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