Toledo, OH asked in Family Law for Ohio

Q: How can a magistrate remove a child on the basis of what someone believes?

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1 Lawyer Answer
David Scott Heier Esq
David Scott Heier Esq
  • Canandaigua, NY
  • Licensed in Ohio

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.

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