Department of Economic Security - Division of Children, Youth and Families - Child Protective Services - Child Removal Process Information Brief

One of CPS’ most critical responsibilities is determining whether it is necessary to protect a child by temporarily removing the child from his/her caregiver's custody. State law allows CPS to remove a child from his/her home under certain conditions, such as when a child is a victim or will imminently become a victim of abuse or neglect. When CPS takes temporary custody of a child, it must provide immediate notification to the child's caregiver, and must file a dependency petition with the Juvenile Court, or return the child, within 72 hours. The decision to remove a child from his/her home and place the child in the State's temporary custody is subject to reviews involving various entities. A juvenile court judge makes the ultimate decision on whether the child remains in the State's custody or is returned to his/her home.