110 Mass. Reg. 4.29

Current through Register 1523, June 7, 2024
Section 4.29 - Emergency Removal of Child(ren)
(1) Emergency removal pursuant to M.G.L. c. 119, § 51B is an extreme measure requiring dire circumstances. Before arriving at a decision to effect an emergency removal, the response worker shall consider the potential harm to the child(ren) caused by such removal.
(2) A child may be immediately taken into custody if, after viewing the child, the Department's response worker finds reasonable cause to believe:
(a) A condition of serious abuse or neglect (including abandonment) exists;
(b) As a result of that condition, removal of the child is necessary to avoid a substantial risk of death or serious emotional or physical injury or sexual abuse to the child(ren);
(c) The nature of the emergency is such that there is inadequate time to seek a court order for removal; and
(d) Reasonable efforts to prevent the removal have been made or considered and are not sufficient to mitigate the risk of harm to the child(ren).
(3) The next business day following an emergency removal, the Department shall file a written report with the court together with a petition pursuant to M.G.L. c. 119, § 24.

110 CMR 4.29

Amended by Mass Register Issue 1486, eff. 1/6/2023.