CODE OF VIRGINIA

EMERGENCY REMOVAL ORDER (§ 16.1-251)

A. A child may be taken into immediate custody and placed in shelter care
pursuant to an emergency removal order in cases in which the child is alleged to
have been abused or neglected. Such order may be issued ex parte by the court
upon a petition supported by an affidavit or by sworn testimony in person before
the judge or intake officer which establishes that:

   1.  The child would be subjected to an imminent threat to life or health to
   the extent that severe or irremediable injury would be likely to result if the
   child were returned to or left in the custody of his parents, guardian, legal
   custodian or other person standing in loco parentis pending a final hearing on
   the petition.

   2.  Reasonable efforts have been made to prevent removal of the child from his
   home and there are no alternatives less drastic than removal of the child from
   his home which could reasonably protect the child’s life or health
   pending a final hearing on the petition. The alternatives less drastic than
   removal may include but not be limited to the provision of medical,
   educational, psychiatric, psychological, homemaking or other similar services
   to the child or family or the issuance of a preliminary protective order
   pursuant to § 16.1-253.If the petitioner fails to obtain an emergency removal
   order within four hours of taking custody of the child, the affidavit or sworn
   testimony before the judge or intake officer shall state the reasons
   therefor.When a child is removed from his home and there is no reasonable
   opportunity to provide preventive services, reasonable efforts to prevent
   removal shall be deemed to have been made.

B. Whenever a child is taken into immediate custody pursuant to an emergency
removal order, a hearing shall be held in accordance with § 16.1-252 as soon as
practicable, but in no event later than five business days after the removal of
the child.

C. In the emergency removal order the court shall give consideration to
temporary placement of the child with a relative or other interested individual,
including grandparents, under the supervision of the local department of social
services, until such time as the hearing in accordance with § 16.1-252 is held.

D. The local department of social services having “legal custody” of
a child as defined in § 16.1-228 (i) shall not be required to comply with the
requirements of this section in order to redetermine where and with whom the
child shall live, notwithstanding that the child had been placed with a natural
parent.

HISTORY: 1977, c. 559; 1984, c. 499; 1985, c. 584; 1986, c. 308; 1990, c. 769;
2000, c. 385; 2003, c. 508.