For DCF to get emergency temporary custody of a child, DCF needs to go to Juvenile Court with an Affidavit; which is a statement under oath usually by a DCF worker and the supervisor telling the Judge why DCF believes that it is necessary to remove the child(ren) from the custody of his/her parent or guardian.

If the Judge agrees with what is in the Affidavit to a level that is so serious that a removal needs to take place, then the Judge can temporarily order that the child be placed in the custody of DCF. In certain situations, that are more extreme, DCF does have the legal authority to remove a child from the parent or guardian, even without advanced court permission. However, in those situations DCF must immediately notify the court of the emergency with a similar Affidavit and have permission from the court to continue to keep the child or children from the parent.