Q: Is it legal for dhhs to place a child in foster care before the Ex parte petition with the court Has even been filed.
A: Yes. Ex parte motion must meet the emergency level but it only has to be signed by the Court- not necessarily on file or public record. They only have 5 days to file a Petition following that Order and a temporary custody hearing must be held in a timely manner. If children have been removed, most juvenile courts will appoint a court-appointed attorney right away for parents so they have someone to guide them through the process. You can call the clerk of courts to find out who that would be. Best wishes in this difficult situation!
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