Q: How can a magistrate remove a child on the basis of what someone believes?
A: A juvenile court magistrate can remove a child from the home of a parent if there are allegations of child abuse, child neglect or dependency. When a complaint is filed with the court by child protective services, it is based upon allegations and facts that, if believed, would endanger the health or welfare of a child. At the first hearing, the court must make a decision of whether to remove the child immediately, while the court proceeding continues for the next 90 days, or to leave the child in place. It is not a trial at that point so it is not based upon an evidentiary hearing. The decision can be appealed to a Judge of the court as objections to the magistrate's decision. The immediate removal of a child is a grave decision, but sometimes it is necessary. Each case is different.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.