2019 US Virgin Islands Code
Title 5 - Judicial Procedure
Subtitle 2 - Family Division Procedure
Chapter 201 - Family Division of the Superior Court
Subchapter IV - Abuse and Neglect Matters
§ 2544. Emergency temporary custody of an abused or neglected child

  • (a) A child shall not be removed from his home prior to an adjudicatory hearing on the issue of abuse and neglect unless the child is in imminent danger of death or serious injury.

  • (b) Any physician, law enforcement officer or social worker of the Department of Social Welfare shall be authorized to take physical custody of a child when such authorized persons have probable cause to believe that the child is neglected or abused and the child is in imminent danger to that child's life or health. Authority for removal without prior court order is limited to situations when circumstances do not allow time to secure such court approval. Any physician or law enforcement officer who takes custody of a child pursuant to this section shall immediately contact the Department of Social Welfare. The Department of Social Welfare shall make every reasonable effort to inform the person responsible for the child's welfare of the custodial situation and of the place or facility to which the child was taken, if no threat is posed to the child from such disclosure.

  • (c) Within two days of taking child into custody, excluding weekends and holidays, the Department of Social Welfare shall file a complaint or petition and report to the Family Division of the court the specific circumstances justifying the taking of emergency temporary custody and the specific measures implemented to safeguard the physical and emotional well-being of the child. The court shall conduct an informal hearing and the court may order that the child remain in emergency temporary custody, if the provisions of subsection (b) of this section were followed. This may be done without written or oral notice to the respondent only if:

    • (1) it appears that there is probable cause to believe the child is in imminent danger to that child's life or health; and

    • (2) the Attorney General shows to the court the efforts, if any, which have been made to give the notice or reasons supporting the claim that notice should not be required.

  • (d) Within ten days, including weekends and holidays, the court shall hold a hearing to determine whether there is probable cause to believe that the child is neglected or abused and the child is in imminent risk of death or serious injury and that removal is necessary until a final order of disposition. The court, for good cause shown, may provide a preliminary order for any of the following until a final order of disposition:

    • (1) permit the child to remain with his parents, or other person responsible for the child's care, subject to such conditions and limitations as the court may prescribe; or

    • (2) place the child under protective supervision under section 2551 of this title; or

    • (3) make the child the subject of an order of protection under section 2552 of this title; or

    • (4) transfer custody to any of the following:

      • (A) a relative or other individual found by the court to be qualified and willing to receive and care for the child;

      • (B) a public or private agency responsible for the care of abused or neglected children.

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