VIRGIN ISLANDS RULES OF FAMILY DIVISION PROCEDURE Rule 54. Emergency Removal of a Child Initiated Pursuant to Court Order (Pre-Custody Order)

• Jurisdiction: United States

Rule 54. Emergency Removal of a Child Initiated Pursuant to Court Order (Pre-Custody Order)

(a) Applying for Order of Emergency Custody. If, prior to or at the time of the filing of a petition alleging abuse or neglect, it appears to an investigating law enforcement officer, medical doctor or social worker that there are grounds for taking a child into custody under 5 V.I.C. § 2544 or other laws of the Virgin Islands, such officer, medical doctor or social worker may apply to the court for an order for emergency custody.

(b) Contents of Application. After approval by the Attorney General or an authorized Assistant Attorney General, the law enforcement officer, medical doctor or social worker must submit an application for an order for custody to the court, supported by testimony or affidavit(s). The application must be in writing and must include:

(1) the name and position of the applicant with office address and telephone number;
(2) a statement of one or more following grounds for taking the child into custody:

(A) A law enforcement officer has reasonable grounds to believe that the child is in imminent danger of death or serious injury from his or her surroundings and that removal of the child from those surroundings is necessary, in accord with 5 V.I.C. § 2544(a);
(B) After consultation with the Chief of the Child Protective Services Division of the Department of

...