South Carolina Code 63-7-740. Ex parte emergency protective custody
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(A) The family court may order ex parte that a child be taken into emergency protective custody without the consent of parents, guardians, or others exercising temporary or permanent control over the child if:
(1) the family court judge determines there is probable cause to believe that by reason of abuse or neglect there exists an imminent and substantial danger to the child’s life, health, or physical safety; and
Terms Used In South Carolina Code 63-7-740
- Child: means a person under the age of eighteen. See South Carolina Code 63-7-20
- Court: means the family court. See South Carolina Code 63-7-20
- Department: means the Department of Social Services. See South Carolina Code 63-7-20
- Emergency protective custody: means the right to physical custody of a child for a temporary period of no more than twenty-four hours to protect the child from imminent danger. See South Carolina Code 63-7-20
- Judge: means the judge of the family court. See South Carolina Code 63-1-40
(2) parents, guardians, or others exercising temporary or permanent control over the child are unavailable or do not consent to the child’s removal from their custody.
(B) If the court issues such an order, the department shall conduct a preliminary investigation and otherwise proceed as provided in this subarticle.