Does the removal of a child from his or her home, family, and community constitute a separate trauma?

MultiRegion, United States of America

The following excerpt is from Demaree v. Pederson, 887 F.3d 870 (9th Cir. 2018):

Taking a child from his or her home, family, and community constitutes a separate trauma, in and of itself. Our cases so recognize, and so ordinarily permit that trauma to occur only after a court determination that the alternative is worse.

Nearly two decades ago, we described the purposes underlying constitutional restrictions

[887 F.3d 889]

on removal of children from their homes without any judicial supervision:

Wallis v. Spencer , 202 F.3d 1126, 113031 (9th Cir. 2000).

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