When we receive a call from a prospective client telling us that their child has been removed from them, it is a time for emergency and strategic planning.
Legal Grounds for Child Removal in Missouri
Missouri law allows for the removal of a child under specific circumstances. The process often occurs when a child, particularly a young child, has been taken to the emergency room for an unexplained injury. While taking X-rays, healing fractures are often discovered in addition to the immediate injury.
The Hospital Discovery Process
The Child Protection physician at a children’s hospital seeks an explanation for both the healing fractures and the immediate injury. If a satisfactory response is not given, the medical provider may make allegations of abuse or neglect to the juvenile court. In addition, they may allege that the child’s safety is at risk.
What to Do When Your Child Is Removed
When clients contact an attorney, they should be advised to gather information about possible placement options for the child: grandparents, siblings, and good friends.
If one of their choices is found to be an appropriate and safe place for the child, that placement will likely be a long-term placement, as judges do not like to move children from place to place.
These allegations may appear next in a petition in the juvenile court.
The Protective Custody Hearing
All parties are notified of a Protective Custody Hearing held by the court to determine if the child should remain in protective custody or can be safely returned to the parents.
Why Legal Representation Matters
Representation by counsel experienced in child abuse and neglect matters is critical at these kinds of hearings. The lawyers at Paule, Camazine & Blumenthal have experience with this representation and will be strong advocates for you.
Contact our attorneys today to schedule a consultation.