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Question: 1 / 445

What must be established for taking a child into protective custody?

Evidence of neglect

The identity of the child

Incapacitation of the caregiver

The location of the parents is unknown and cannot be ascertained by due diligence within 60 days

Taking a child into protective custody requires that specific legal criteria be met to ensure the safety and well-being of the child. The foundation of this process centers on the assessment of immediate danger or imminent risk to the child’s safety.

Establishing that the location of the parents is unknown and cannot be determined despite due diligence for a period of 60 days indicates a serious concern. This lack of knowledge about the parent's whereabouts can significantly hinder efforts to ensure the child's safety and to provide appropriate care and oversight. When a child is in a situation where the caregivers are absent and unable to be located, the risk to the child escalates. The authorities must act promptly to protect the child from potential harm, as the absence of guardians can lead to unsafe environments or neglect.

In contrast, while evidence of neglect or incapacitation of the caregiver may also warrant intervention, they do not directly address the immediacy of protective custody in the face of unknown parental whereabouts. Similarly, merely identifying the child does not suffice in making the determination for protective custody; it is about ensuring there is an actionable risk present. Therefore, the criteria regarding unknown parental status serves as a critical threshold for intervention to safeguard the child.

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