What an Order of Protective Custody Means for Pennsylvania Families
Nothing is more frightening for a parent than a Children and Youth Services (CYS) investigation that threatens to take your kids away. When authorities believe your child is in imminent danger, they may initiate an Order of Protective Custody (OPC) to remove your child from your home. If you do not respond promptly to the allegations against you, you may lose custody of your children long-term.
The LLF Law Firm Family Law Team has many years of experience guiding families through highly stressful CYS investigations. We have helped many Pennsylvania families retain custody of their children.
Protect your parental rights. Call the Family Law Team today at 888-535-3686 or send us a message online.
Why an Order of Protective Custody Is Initiated
An Order of Protective Custody (OPC) is an emergency legal process used by the state to remove a child from their home and place them in temporary state care. OPCs are strictly reserved for situations where investigators determine that remaining in the home poses an immediate threat to the child’s physical or emotional safety.
Typically, an OPC is triggered by serious allegations of abuse or domestic violence incidents that compromise the safety of the household environment. Sometimes, these orders intersect with other family court matters, such as contentious divorce proceedings or the issuance of Protection From Abuse (PFA) orders. In such stressful situations, misunderstandings or false allegations can sometimes lead to an unwarranted OPC. Regardless of the circumstances, CYS must secure a judge’s approval to obtain an OPC, though in extreme emergencies, law enforcement can temporarily remove a child while the agency seeks formal judicial authorization within 24 hours.
The Legal Process and the 72-Hour Hearing
Once an OPC is executed, the court system moves very quickly to ensure the removal is legally justified. Specifically, a court must hold a “shelter care hearing” within 72 hours to see if the child ought to return home or not.
During this hearing, the judge reviews the evidence collected by the CYS. The CYS’s burden of proof to keep the child out of the home is very low. This is because this is an emergency hearing based on the initial evidence collected, not a full trial. The judge will ultimately consider two questions
- Would returning the child to the home pose a continuing risk to the child’s well-being?
- Did CYS make reasonable efforts to prevent the need for removal?
Defend Your Parental Rights with the LLF Law Firm Team
The OPC process is notorious for moving incredibly fast. Because the process can only be used for serious allegations with evidentiary backing, the state will do its best to keep your children away from you. If you do not retain legal help as soon as possible, you forfeit the opportunity to present a strong challenge to the state’s case at the shelter care hearing.
The LLF Law Firm has successfully represented parents against CYS for years. Our team can respond immediately to help you keep custody of your kids.
Protect your children. Send us an online message or call us today at 888-535-3686 to speak with the LLF Law Firm Family Law Team.