| One of the most difficult and challenging areas of the | | | | state agency charged with overseeing the health and |
| law are those statutes and regulations that govern | | | | welfare of minor children or from the local county or |
| child abuse or child neglect cases. Of course, the | | | | district attorney's office - the court is in a position to |
| primary reason why child abuse and child neglect law | | | | evaluate whether immediate action needs to be |
| is so challenging is because of the very subject | | | | taken in regard to the custody of the minor child. In |
| matter. However, with that said, the procedures that | | | | other words, the court will consider whether the |
| are utilized by the courts in this area of the law are | | | | minor child that is the subject of the affidavit and of |
| also rather complex on a number of different levels. | | | | the petition or complaint is in danger of immediate or |
| Through this article you are provided an overview of | | | | ongoing hard, that court can issue a temporary order |
| the preliminary stages of a child abuse or neglect | | | | immediately changing the custody of that child. In |
| case, specifically what is involved in the issuance of a | | | | other words, the court will issue a temporary |
| temporary custody order. | | | | custody order removing that child from the home of |
| In many jurisdictions around the country, child abuse | | | | his or her parents or other primary caretaker. |
| and child neglect cases call under a common heading | | | | Because removing a child from his or her parents is |
| known as a child in need of care or CINC case. The | | | | such a significant act of a court, the court will also |
| minor child who is the subject of the case is in need | | | | set the matter for a more complete hearing - |
| of care due to the fact that a situation involving | | | | normally within 24 to 48 hours if at all possible. While |
| abuse or neglect exists. | | | | this will not be a full blown hearing let along a trial, it |
| Of course, in many instances, there is an immediate | | | | does provide all parties the chance to come before |
| emergency which requires quick action on the part of | | | | the court to state their positions to the judge. At |
| the state and the court when it comes to a situation | | | | this juncture the court will determine whether or not |
| of child abuse or neglect. Generally speaking, the | | | | the temporary custody order shall remain in effect |
| judicial system is not one known for rapid movement. | | | | until further proceedings or whether there is some |
| However, because of the fact that children can be | | | | reason why returning the child to his or her parents |
| facing an immediate risk, there is a mechanism in the | | | | or other primary caretaker might make some sense. |
| court system that allows for immediate action to be | | | | In most instances, the temporary custody order |
| taken in the case of child abuse or neglect. | | | | actually will continue until the court can conduct |
| When an appropriate affidavit and petition or | | | | further proceedings. |
| complaint is filed with the court - either through the | | | | |