The Child Welfare Toolkit. The "Without Notice Removal". Brief #2

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Milne, C., Fallon, B., Valachi, A., Baldridge, D. Gillanders, A., & Kamal, I. (2022). The Child Welfare Toolkit. The "Without Notice" Removal. A Joint initiative between the Factor-Inwentash Faculty of Social Work and the David Asper Center on Constitutional Rights, Faculty of Law, University of Toronto




The following sections outline case law and social science literature concerning “without notice” removals of children from their parents and caregivers. Without notice removals are used to ensure the immediate protection of a child who has been or is deemed to be at risk of being maltreated, either at the present time or in the future. This brief includes a brief synthesis of the two areas which highlights gaps, points of alignment, and potential future directions for judicial decision-making and social science research.