This information comes from the state of Texas. Since all states have some twists and turns in their rules, it's best to open a new discussion thread for each state.

"CPS believes that children should not be removed from their homes except to protect them from abuse or neglect and when there are no reasonable efforts CPS can make to provide for the children’s safety and prevent their removal. CPS is allowed by law to remove children for abuse and neglect or for being at risk of abuse or neglect only after a court orders it or when there is no time consistent with the health and safety of the child to obtain a court order and the person taking possession of the child has sufficient knowledge or reason to believe:

* there is an immediate danger to the physical health or safety of the child;
* the child has been the victim of sexual abuse;
* the person with possession of the child is currently using a controlled substance and the use constitutes an immediate danger to the physical health or safety of the child; or
* the person with possession of the child has permitted the child to remain on premises used for the manufacture of methamphetamines.

If your child is removed from your care without a court order, the court will schedule a hearing for the next working day. When children are removed, the parents will be asked to complete a Child Placement Resources Form in order to provide the names of three people who could care for their child while the parents participate in services. "<snipped>

http://www.dfps.state.tx.us/child_pr...arentguide.asp