On the Clock: Should State Law Require Child Welfare Workers to Consider Whether There Is Sufficient Time to Obtain Judicial Authorization When Effecting Emergency Removals of Children From Their Parents?

The Fourteenth Amendment of the United States Constitution provides that no state shall “”deprive any person of life, liberty or property, without due process of the law.””  Parents have a liberty interest in raising, caring for and maintaining custody of their children.  Although parents have a liberty interest in the custody of their children, the state has the power to restrict parental freedom in matters affecting the welfare of a child.

The state may intervene when a child’s welfare is at risk.  A child’’s welfare is at risk when the child’’s physical or mental health is in danger and when the child is abused or neglected.  As a matter of due process under the Fourteenth Amendment, parents are entitled to a hearing before removal of children from their custody. . . .