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Bill H.1888
Section 24 of Chapter 119 of the General Laws is hereby amended by striking out the third paragraph and inserting in place thereof the following paragraph:
If the court is satisfied after the petitioner testifies under oath that there is reasonable cause to believe that: (i) the child is suffering from serious abuse or neglect or is in immediate danger of serious abuse or neglect; (ii) immediate removal of the child is necessary to protect the child from serious abuse or neglect; and (iii) continuation of the child in their home is contrary to their best interests, the court may issue an emergency order transferring custody of the child for up to 72 hours to the department or to a licensed child care agency or individual described in subclause (i) of clause (2) of subsection (b) of section 26.
The court also may make any other appropriate order, including conditions and limitations, about the care and custody of the child as may be in the child's best interest, including, but not limited to, those set forth in subclauses (1) to (3) of subsection (b) of section 26. In assessing whether continuation of a child in their home is contrary to their best interests under this section and section 29C, the court shall consider the potential short and long term harms of transferring custody to the department or to another person or entity, including trauma caused by removal of the child from their home.
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