Most parents think they’ve handled this issue simply by telling relatives what they would want. Unfortunately, that is not how the law works.
Imagine a situation where both parents are unexpectedly unable to return home—perhaps due to a serious accident. The children are at home with a babysitter. As the hours pass and the parents cannot be reached, the babysitter eventually calls for help.
From a legal standpoint, the babysitter does not have custodial authority over the children. When police arrive and confirm that the parents cannot be located or are unable to care for the children, officers may have little choice but to involve Child Protective Services. At that point, the children may be taken into temporary protective custody until the situation can be sorted out.