If DHR has ever told you they were removing your child because of “imminent harm,” you are not alone. But many parents do not understand what this term really means or how the law is supposed to protect families from misuse of it.

Let’s break it down together.

What Does “Imminent Harm” Mean?

Imminent harm means your child is in serious, immediate danger of being hurt right now, not later, not next week, and not maybe.

It is the only reason DHR is allowed to take your child without a court order first. If they claim “imminent harm,” they are saying the situation is so dangerous that they cannot wait even one day to go through the proper legal process.

Examples might include:

• A child left home alone without food or supervision
• An adult violently harming a child in that moment
• A child living in a home that is actively dangerous, such as severe drug use, weapons within reach, or extreme filth that causes health risks

But this is where things often go wrong.

What “Imminent Harm” Is Not:

• Disciplining your child days before DHR shows up
• A messy home
• A single complaint from someone with a personal issue
• A child misbehaving without any evidence of abuse
• A parenting style DHR simply does not like

Imminent harm must be real, immediate, and provable. DHR is not allowed to use it as a tool for intimidation or control.

What the Law Actually Says

In Alabama, the law that gives DHR permission to remove a child without a court order is found in Ala. Code § 12-15-306. It says:

“A law enforcement officer or duly authorized employee of the Department of Human Resources may remove a child from a parent without the consent of the parent if there is probable cause to believe the child is in imminent danger of serious physical harm or abuse.”

In simple terms: DHR must have solid evidence, and the danger must be happening right at that moment, or it must be clear that waiting would immediately put the child at serious risk.

Once a child is removed, DHR must go to court quickly (usually within 72 hours) to prove they had a legal reason to do it.

What You Can Do

If DHR removed your child and claimed it was because of imminent harm, ask these questions:

• What exactly was the danger?
• Was it truly happening when they arrived?
• Why did they not follow the proper court process first?

If they cannot give clear, legal answers, you may have the right to challenge the removal in court.

Imminent harm is meant for true emergencies, not opinions or assumptions. Know your rights. Ask questions. Demand answers.