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Family Separation Causes Real and Lasting Harm for Children and Parents

Mother comforting crying child.
The ACLU is standing up for families torn apart by the government, especially those with the least resources to challenge in court.
Mother comforting crying child.
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October 15, 2026

A grieving mother had her children ripped away without warning in the wake of a family tragedy in Georgia in July 2024. After her son died by suicide, the state obtained an emergency order to immediately remove her surviving children — with no notice, no hearing, and no finding that the children were in any danger. In the same state, a juvenile court terminated another mother’s parental rights even though the caseworker and children’s advocate agreed that the children had a good relationship with their mother, and that the parent-child relationship would not harm the children but would continue to actively benefit them.

These court intrusions on Georgia’s families aren’t just harmful and traumatizing; they push the bounds of constitutionality. They also fall hardest on the families with the least resources to challenge them in court, disproportionately low-income families and families of color. That’s why ACLU’s Center for Liberty and Women's Rights Project, alongside the ACLU of Georgia, filed two amicus briefs in the Georgia Supreme Court to support these families.

A Grieving Mother’s Children, Taken Without Warning

A grieving mother shouldn’t have her children taken away without notice or hearing. Yet, in this case, the state of Georgia obtained an emergency order to immediately remove a mother’s surviving children, based solely on the fact that her son had just died by suicide in the home. Ultimately, the children were returned to their mother after the juvenile court found no basis for the removal.

While the mother tried to challenge the state’s actions, a Georgia appellate court found that the state allows children to be removed from their home in "uncommon" or "unusual" circumstances, not just in genuine emergencies.

The mother then petitioned for review to the Georgia Supreme Court, which has taken up the case. Now, we are urging the court to tell the state clearly and unequivocally: The government should not be able to separate children from their parents without notice or a hearing unless there is a genuine emergency or threat to a child’s safety. Otherwise, families risk being torn apart without proper cause, inflicting profound and irreversible harm on children and parents — even when children eventually return.

Social science research shows that kids rely on their parents to regulate physiologically and emotionally, particularly after a traumatic event. Researchers call this and it refers to the well-developed body of scholarship showing that a caregiver’s presence can help dampen a child’s physiological stress response and provide a sense of safety. Separating children from their parents in the aftermath of a tragedy can compound their distress, disrupting a vital source of comfort and support when they need it most, and ultimately, make their recovery after trauma more difficult.

A Mother’s Parental Rights Terminated Without Justification

In a separate case, a Georgia juvenile court terminated a mother’s parental rights even though it expressly found that her continued relationship with her children would not cause the children any harm. In fact, the department’s own caseworker testified that, while the mother was not presently able to care for the children in her home, her weekly visits with her children went well and that the children’s relationship with their mother benefitted everyone. The children's advocate agreed, testifying that the children had a good relationship and were bonded to their mother.

After an appellate court reversed the juvenile court’s decision, the state appealed the case to the Georgia Supreme Court seeking another chance to terminate the mother’s parental rights. Now, we’re urging the Georgia Supreme Court to require juvenile courts to consider if termination is really necessary for the child’s long-term well-being before making a permanent decision. In many cases, less drastic alternatives can protect children without permanently severing the parent-child relationship.

The ACLU is fighting to make sure families aren’t torn apart, and family relationships are not permanently severed, without a real reason and a fair process. We’re urging the Georgia Supreme Court to require notice and a hearing before the state removes children absent a genuine emergency, and to stop the state from permanently terminating the parent-child relationship when it is not truly necessary to protect a child from harm. Every family deserves a meaningful chance to be heard before the government intervenes.

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