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Can CPS take children without signed court document?

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New member
My son broke his leg, they are trying to say that his father broke it. CPS told me I had a week to give my mother guardianship or they were going to take my children and place them in state custody. The whole time I have only received a simple safety plan stating that there is substance abuse in the home, with no proof of it at all. They did not have a signed document by a judge stating that they were able to take my children and they did not provide me with another paperwork other than the safety plan which was that the kids were going to be placed with my mother for temporary care. There was no judge signature on this paper. Is this legal? Can I go get my children?


Senior Member
1. What state?
2. Yes, most child protective service agencies have some authority to remove children in an emergency for a limited period of time. There is a legal process and required court hearing afterward.

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