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If it is an emergency situation the children can be taken into protective custody and then paperwork is filed with the court. Unfortunately, the fact that it was dated by the clerk one day after will not invalidate the removal. My suggestion will be to prepare to defend against whatever allegations caused the removal to occur. As part of the delinquency proceeding the parents are entitled to legal representation. Also depending on the allegation it may be easier to enter into a safety plan and resolve the issue rather than litigating in court. Unfortunately, your experience with Child Protective Services what caseworker are you happen to be assigned. If they are an egotistical jerk you will have a nightmare if they are reasonable you should work through them.