Bill > H266

This bill seeks to minimize trauma to children and families by establishing stricter protocols for the Department of Children and Families (DCF) when removing children from their homes without a court order. The bill requires DCF to report quarterly on emergency child custody cases, detailing the number of cases where children were taken into custody without a court order, the total number of children involved, the median time between taking custody and requesting court approval, and cases where court approval took more than four hours. Additionally, the bill creates a new provision allowing justices to grant emergency relief and communicate court orders by telephone when the juvenile court is closed, with a requirement that such orders be formally documented and certified the next business day. The legislation also modifies the existing legal standard for emergency child removal, stipulating that DCF can only take a child into temporary custody if there is reasonable cause to believe the child is suffering from serious abuse or neglect and is in immediate danger, and mandating that the department obtain judicial approval within four hours of removing the child. These changes aim to provide more transparency, accountability, and legal oversight in emergency child protection cases while ensuring that children are only removed from their homes when absolutely necessary.

Health and Social Services

https://malegislature.gov/Bills/194/H266