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发帖数: 1035 | 1 【 以下文字转载自 Law 讨论区 】
发信人: aubrey (黄山路), 信区: Law
标 题: A question on DCF's rights to take children away without a
发信站: BBS 未名空间站 (Sun Jan 15 16:49:09 2012, 美东)
Under Massachusetts General Laws Chapter 119, Section 51B, Paragraph 3,
seems the Department of Children and Families (DCF) can take away your
children without any court order if they simply "believe" it's an emergency.
Do I interpret this paragraph correctly?
If so, the basis for DCF to take away children -- an emergency situation --
is determined by the DCF themselves without any check and balance. This gives
DCF a great chance to abuse their power.
Appendix:
Massachusetts General Laws Chapter 119, Section 51B, Paragraph 3:
(c) If the department has reasonable cause to believe a child’s health or
safety is in immediate danger from abuse or neglect, the department shall
take a child into immediate temporary custody if it has reasonable cause to
believe that the removal is necessary to protect the child from abuse or
neglect. The investigation and evaluation shall commence within 2 hours of
initial contact and an interim report with an initial determination
regarding the child’s safety and custody shall be completed as soon as
possible but not more than 24 hours after initial contact. The final report
required under this section shall be complete within 5 business days of
initial contact. If a child is taken into immediate temporary custody, the
department shall make a written report stating the reasons for such removal
and shall file a care and protection petition under section 24 on the next
court day.
http://www.malegislature.gov/Laws/GeneralLaws/PartI/TitleXVII/C |
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