What is the current state of the law regarding the seizure of children by police officers without a court order?

An official "cannot seize children suspected of being abused or neglected unless reasonable avenues of investigation are first pursued." Wallis , 202 F.3d at 1138 ; see id. (quoting BeVier v. Hucal , 806 F.2d 123, 128 (7th Cir. 1986), for the proposition that an officer has a duty to "make a thorough investigation and exercise reasonable judgment before invoking the awesome power of arrest and detention"). Further, because the "scope of the intrusion" must be "reasonably necessary to avert" a specific injury, the intrusion cannot be longer than necessary to avert the injury. Id. at 114041 (indicating that children could be held away from their parents only for so long as the emergency existed).

In Wallis v. Spencer , for instance, we considered a claim brought by parents and their two young children against the City of Escondido after police officers seized their children without a court order. Id. at 1131. The seizure occurred after the mother's institutionalized and severely mentally ill sister told her therapist that her brother-in-law was planning to sacrifice his young son to Satan on the Fall Equinox. Id . The therapist reported this threat, which ultimately made its way to the police, who entered the family's home around midnight and took custody of the children and transported them to a county institution. Id. at 113234. Without parental presence or consent, the children were taken to a local hospital where they were subjected to internal body cavity examinations to determine whether abuse had occurred. Id. at 1135. They remained in state custody for two and a half months before being returned to their parents. Id. at 1134.