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  • Child abuse/neglect

    I remember watching a documentary on MSNBC some years back that showed a child protective services worker pulling a kid from a home along with the Police. Is that standard? Or can Police pull a kid from a home where abuse/neglect is suspected and have the child protective services worker meet them at the station? Thanks.

  • #2
    Originally posted by Chicago1991 View Post
    I remember watching a documentary on MSNBC some years back that showed a child protective services worker pulling a kid from a home along with the Police. Is that standard? Or can Police pull a kid from a home where abuse/neglect is suspected and have the child protective services worker meet them at the station? Thanks.
    CPS almost always assists with child removals in my area.

    Emergencies can and do change that "norm"
    Since some people need to be told by notes in crayon .......Don't PM me with without prior permission. If you can't discuss the situation in the open forum ----it must not be that important

    My new word for the day is FOCUS, when someone irritates you tell them to FOCUS

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    • #3
      In Colorado CPS can't remove a child without a judge's order.

      Only law enforcement can do that, in circumstances where they find the child is at risk of imminent harm... mental or physical.

      If a child has been made a ward of the state, in foster care or sometimes staying with the parents in CPS supervised care, then CPS can because they are actually the parents, not the parents.
      "I am a Soldier. I fight where I'm told and I win where I fight." -- GEN George S. Patton, Jr.

      "With a brother on my left and a sister on my right, we face…. We face what no one should face. We face, so no one else would face. We are in the face of Death." -- Holli Peet

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      • #4
        Actual removals are never done without a court order in my area, and CPS is always involved. Of course, if the situation is urgent/dire, then LE could make the arrest of the parent/guardian and, since we couldn't simply leave a juvenile unsupervised, then we could take the child back to station to await CPS and a removal order from a judge...but the child isn't technically "removed" until a judge says so.
        "He who fights with monsters might take care lest he thereby become a monster. And if you gaze for long into an abyss, the abyss gazes also into you."
        -Friedrich Nietzsche

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        • Iowa #1603
          Iowa #1603 commented
          Editing a comment
          Yep...............the courts order

      • #5
        Originally posted by Chicago1991 View Post
        I remember watching a documentary on MSNBC some years back that showed a child protective services worker pulling a kid from a home along with the Police. Is that standard? Or can Police pull a kid from a home where abuse/neglect is suspected and have the child protective services worker meet them at the station? Thanks.
        What is your fact pattern?

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        • #6
          Originally posted by Chicago1991 View Post
          I remember watching a documentary on MSNBC some years back that showed a child protective services worker pulling a kid from a home along with the Police. Is that standard? Or can Police pull a kid from a home where abuse/neglect is suspected and have the child protective services worker meet them at the station? Thanks.
          Like just about everything else in the LE business, there is no "standard". State laws vary widely (also spelled "wildly"), court procedures and judicial review processes are all over the map. Try to keep in mind that a "documentary on MSNBC" is probably not the most reliable resource; publication and editing policies will trump any other value that might interfere with the production process.

          In my experience, the cops and social service agencies generally work together in most cases, although child protection workers may be functioning under different legal codes (civil procedures as compared to the criminal codes that generally dictate LE actions). In some jurisdictions there may be child welfare task forces consisting of cops, social services, child psychologists, prosecutors, etc. It is not unusual for any case involving the removal of a child from the home to trigger an automatic court hearing within a very short period of time (24 hours, 72 hours, whatever is mandated by law).

          Many years ago my first assignment as a full-time detective was in the juvenile division. My caseload consisted almost entirely of child neglect, child abuse, incest cases, and just about every other form of depravity. I lasted about 6 months before I begged to be returned to uniformed patrol. Practically every business day was spent in conferences with prosecutors, staffing sessions with social services "experts", and sitting in courtrooms waiting to be called to the witness stand, all while my pager was pinging repeatedly with the next case assigned for investigation. I placed kids in foster care, then busted my hump for days preparing for the court hearings, and watched as judges ordered child victims returned to their homes pending further proceedings (months away at best). I was an emotional basket case for most of the time and it took me years to recover from those experiences.

          Eventually the bosses took pity on me and transferred me to property crimes division where I could deal with average everyday burglars, check frauds, con artists, and the occasional deadbeat who stopped by Mom's house on the first of the month to get his share of her social security checks. Eventually I became something of an expert on fraud and forgery, hooked up a position with a state agency, and walked away from a lot of drama nonsense so I could chase more of the big time financial crooks.

          Again, many years ago. Things have changed, but I doubt that people have changed much at all.

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          • #7
            I was going to try and come up with an answer to the OP's question, but this covers it much better than I could:

            Originally posted by retired1995 View Post
            Like just about everything else in the LE business, there is no "standard". State laws vary widely (also spelled "wildly"), court procedures and judicial review processes are all over the map. Try to keep in mind that a "documentary on MSNBC" is probably not the most reliable resource; publication and editing policies will trump any other value that might interfere with the production process.

            In my experience, the cops and social service agencies generally work together in most cases, although child protection workers may be functioning under different legal codes (civil procedures as compared to the criminal codes that generally dictate LE actions). In some jurisdictions there may be child welfare task forces consisting of cops, social services, child psychologists, prosecutors, etc. It is not unusual for any case involving the removal of a child from the home to trigger an automatic court hearing within a very short period of time (24 hours, 72 hours, whatever is mandated by law).
            Regarding my own experience: I've never personally removed children from a home without a court order, which is always accompanied by the involvement of DCFS case workers. However, my state's code allows officers the authority to remove children from a home without a court order, under the appropriate circumstances. That authority has been exercised on occasion, but only in extremely egregious situations.

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