Tuesday, November 1, 2011

Can the court take my kids away without prior notice or a hearing?

The Tennessee legislature has required in TCA 37-1-114 that before a child may be taken into sheltered custody away from a parent, guardian or legal custodian, then there must be probable cause shown to the Judge that the child "is a neglected, dependent or abused child, and in either case the child's detention or shelter care  is required because the child is subject to an immediate threat to the child's health or safety to the extent that delay for a hearing would be likely to result in severe or irreparable harm, or the child may abscond or be removed from the jurisdiction of the court, and in either case, there is no less drastic alternative to removal of the child from the custody of the child's parent, guardian or legal custodian available that would reasonably and adequately protect the child's health or safety or prevent the child's removal from the jurisdiction of the court pending a hearing."

This means that there must be the likely result of immediate and severe harm to the child if the court does not remove the children.  However, if this occurs then the court must provide the parent, guardian or legal custodian the opportunity to a preliminary hearing on probable cause within 72 hours of the removal. 


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