In what circumstances will the Court grant a temporary order to remove a child from the care of the child's biological mother?
MultiRegion, United States of America
The following excerpt is from Southerland v. City of New York, Docket No. 07-4449-cv (L), Docket No. 07-4450-cv (CON) (2nd Cir. 2011):
United States v. MacDonald, 916 F.2d 766, 769-70 (2d Cir. 1990) (en banc) (elaborating standards). We concluded that such an exception would be viable in the child-removal context too. Tenenbaum, 193 F.3d at 604-05. We suggested that that exception would apply when "a child is subject to the danger of abuse if not removed . . . before court authorization can reasonably be obtained." Id. at 605.
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