Can a child be removed from their home without a court order?

In some situations, a child can be removed from their home without a court order if there is an immediate risk of harm to the child. This is known as an emergency removal or "ex parte" order. Michigan law allows Child Protective Services (CPS) or law enforcement to remove a child from their home without a court order if they have reason to believe that the child is in imminent danger of harm, and there is no time to obtain a court order before taking action. However, after an emergency removal, CPS must file a petition with the court within 24 hours and a hearing must be held within 72 hours to determine whether the removal was justified and whether the child should remain in out-of-home placement. The parents or legal guardians must also be notified of the hearing and given the opportunity to participate. It is important to note that emergency removals are rare and only used in situations where there is a clear and immediate risk of harm to the child. If you are involved in a child protection case and have concerns about a potential emergency removal, or have questions about the legal process for removing a child from their home, contact an experienced attorney for guidance and support.