Removal of Children from Home

Medical Protective Custody

militarydefenseattorneys9.53.42 PMIf the child is properly at the MTF, child may be taken into medical protective custody as follows:

  1. Obtain parental consent, if possible.
  2. If consent is not given, ask whether the child suffers from abuse or neglect by a parent to the extent that immediate removal from the home is necessary to avoid imminent danger to the child’s life or health.
  3. The treating physician makes the initial determination.
  4. Approved by MTF commander.
  5. Unit commander will be notified.

Children cannot be removed from a home, school or child care facility unless a bona fide medical emergency exists. Coordination with civilian authorities may be appropriate.

Foster Care

  1. Generally, need parental consent or order from state or foreign court with jurisdiction.
  2. S. – seek court order and work with the local child protection service even if parental consent is given.
  3. Foreign Country – Coordinate with host nation authorities.

Emergency situations

The installation commander may authorized if abuse is substantiated and child at risk of imminent death or serious bodily harm, or serious mental or physical abuse.