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When and how children are removed from the home in abuse-and-neglect cases
Summary
Explains the circumstances that can lead CPS to remove a child, the immediate need for judicial approval, and what parents should expect right after removal, including appointed counsel and emergency orders.
A CPS worker for the West Virginia Department of Human Services described the workers investigative role: "I talk with the parents or any adults in the home to see what they need to make things better. I might also talk with the child, school personnel, neighbors, and others who know the family and the situation." The worker said removal can occur when a child is in imminent danger and that, when a child is taken into state custody, the worker must immediately go to a magistrate or circuit court judge to have the removal approved.
The transcript stresses immediate procedural steps after removal: a petition describing the circumstances is filed with the court and a judge reviews it to decide whether the case should proceed. If the judge allows the case to proceed, an initial order will be issued to state whether the child is removed or remains at home with supervision and will set the date and time for the first hearing. Parents should expect to receive a copy of the petition and initial order and to be appointed a free attorney if they do not already have one.
