CHILDREN AND THE LAW
...Dependency Petitions
......Detention of Minors
.........By Police/Social Workers
11 Cards On This Topic:

Police may take child into temporary custody if s/he believes child subject to jurisdiction of juvenile court and is subject to immediate danger.

Social worker’s statutory authority to take temporary custody of minor.

Investigation by social worker into minor’s circumstances and release into custody of parents.

Notice to parent or guardian when minor in detention.

Before taking custody of a child, DSS must either have judicial authorization or information at the time of the seizure that establishes reasonable cause to believe the child is in imminent danger of serious bodily injury.

As it was clearly established that warrantless removal of Cs is permissible only in cases of exigency, and it would have been apparent to a reasonable social worker that no exigency existed here, SJ for social worker reversed.

Triable issues of fact existed re whether scope and degree of state interference with parental custody was justified and violated their constitutional rights.

CPS caseworker’s failure to file court petition within two days after taking emergency custody of neglected children did not violate noncustodial father’s federal constitutional rights.

Sufficient evidence supported juvenile court's finding of exigent circumstances for HSA's taking newborn into protective custody.

Courts may detain C with relatives or nonrelative extended family members in prospective home before formal criminal background checks if adults claim no criminal history; for placement, background checks must be completed.

Procedures for detention of children by social workers discussed.