16.1-251 - Emergency removal order.
§ 16.1-251. Emergency removal order.
A. A child may be taken into immediate custody and placed in shelter carepursuant to an emergency removal order in cases in which the child is allegedto have been abused or neglected. Such order may be issued ex parte by thecourt upon a petition supported by an affidavit or by sworn testimony inperson before the judge or intake officer which establishes that:
1. The child would be subjected to an imminent threat to life or health tothe extent that severe or irremediable injury would be likely to result ifthe child were returned to or left in the custody of his parents, guardian,legal custodian or other person standing in loco parentis pending a finalhearing on the petition.
2. Reasonable efforts have been made to prevent removal of the child from hishome and there are no alternatives less drastic than removal of the childfrom his home which could reasonably protect the child's life or healthpending a final hearing on the petition. The alternatives less drastic thanremoval may include but not be limited to the provision of medical,educational, psychiatric, psychological, homemaking or other similar servicesto the child or family or the issuance of a preliminary protective orderpursuant to § 16.1-253.
If the petitioner fails to obtain an emergency removal order within fourhours of taking custody of the child, the affidavit or sworn testimony beforethe judge or intake officer shall state the reasons therefor.
When a child is removed from his home and there is no reasonable opportunityto provide preventive services, reasonable efforts to prevent removal shallbe deemed to have been made.
B. Whenever a child is taken into immediate custody pursuant to an emergencyremoval order, a hearing shall be held in accordance with § 16.1-252 as soonas practicable, but in no event later than five business days after theremoval of the child.
C. In the emergency removal order the court shall give consideration totemporary placement of the child with a relative or other interestedindividual, including grandparents, under the supervision of the localdepartment of social services, until such time as the hearing in accordancewith § 16.1-252 is held.
D. The local department of social services having "legal custody" of achild as defined in § 16.1-228 (i) shall not be required to comply with therequirements of this section in order to redetermine where and with whom thechild shall live, notwithstanding that the child had been placed with anatural parent.
(1977, c. 559; 1984, c. 499; 1985, c. 584; 1986, c. 308; 1990, c. 769; 2000,c. 385; 2003, c. 508.)