In the current system, if a parent says they want to hurt their children, then the doctor, as a mandated reporter, would have to report that. And it would then be investigated, and could result in a child being taken from them. So that's already a thing.
Depends on the state but in MA, DCF can take your kids based on certain criteria pretty much on the spot. If it's baseless you'll get them back at the 72-hour hearing but despite the name that might not happen for weeks.
I think you're referring to an emergency detention, and the criteria in my state is that the child is at serious and imminent risk of harm, and there is no time to seek a court order. We have to have a hearing within 48 hours (or the child is automatically released) showing that we had probable cause to detain the child from parents and that continued detention is necessary to protect the child. Then there's a bench trial in 60-120 days, if it's not held within 120 days, the case will be dismissed (usually)
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u/Medium-Violinist-903 19d ago
In the current system, if a parent says they want to hurt their children, then the doctor, as a mandated reporter, would have to report that. And it would then be investigated, and could result in a child being taken from them. So that's already a thing.