Emergency Protective Custody
Emergency Protective Custody

Can OCS remove me from my home without a court order?
OCS can take you away from your home without a court order if you are a minor who is in danger. This is called emergency protective custody. The law allows OCS to take emergency protective custody of a minor who has been:
- abandoned;
- neglected or physically harmed, when protective custody is necessary to protect the child’s life or to provide immediate medical attention;
- sexually abused by a parent or by someone else because of the parent’s action or neglect; this also applies if the sexual abuse happened to a sibling.
What happens after OCS takes emergency protective custody?
When OCS takes emergency protective custody, OCS must file an emergency petition with the court and notify your parents within 24 hours. The court must hold a temporary custody hearing on the emergency petition within 48 hours. At the temporary custody hearing, the court will decide if you are probably in need of aid and if it is contrary to your welfare to remain in the home. This means the court will decide if you need to be away from your parents to be safe.
Child in Need of Aid Procedures
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Non-Emergency Temporary Custody
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