Can I Get My Child Back After Parental Rights Termination in Juvenile Dependency?

California, by law, is supposed to seek permanency for the child. Because of this, a parent’s parental rights may be terminated if the child has been in foster care for an extended period of time. While it isn’t easy to get your rights back after the termination of parental rights, there are few rare instances where it is possible.

Under the Adoption and Safe Families Act (ASFA), the government is legally obligated to find a permanent situation for children if they have been in foster care for at least 15 out of 22 months. Typically, this means that the 18-month review hearing is when the judge will want to move to terminate parental rights. After this point, the reinstatement of parental rights can be incredibly difficult.

The termination of parental rights is provided for under Welfare & Institutions Code (WIC) 366.26. Additionally, the same code describes when parents can get their rights back. After parental rights are terminated, the child is placed in foster care. If they are not adopted within three years or the social services agency says it is unlikely that they will be adopted, then the child can petition to have the parent’s parental rights reinstated.

This particular detail–about the child’s petition–is key. Under WIC 366.26, the only one with a right to ask for parental rights back is the child. If this petition happens, the court can review the evidence. If there is clear evidence showing that the reinstatement of parental rights is in the child’s best interest, then the judge will rule in the parents favor.

For parents, this can be an incredibly challenging experience. Unless the child files a petition, the parent no longer has any legal standing to petition the court for their rights.

However, there are steps you can take to increase the odds of regaining custody. If the child petitions the court to have your rights reinstated, the court will carefully review your fitness to regain custody. This means that the best thing you can do is create a home environment that is safe and supportive for the child.

For a starting point, review your old case plan for Child Protective Services (CPS). This will list different housing and program requirements that led to the original case. Then, work on overcoming these obstacles. You can also talk to a parental rights attorney about the best option to get your child’s rights back.

Whether you’re searching for “how to get my child back from CPS in California” or simply want to prepare for a juvenile dependency case, you should spend some time gaining a better understanding of your parental rights. While California’s first priority is the child’s welfare, you are entitled to some rights in court as well.

• You have the right to an attorney.
• Unless the child’s well-being and safety are at risk, you have the right to the care, custody, and control over your child.
• You have the right to be heard in court.
• You have the right to receive notice of court proceedings.

Some of these rights have limitations. For example, parental rights can be limited if the court suspects abuse. Additionally, the juvenile dependency court can eventually choose to remove all of your rights to care, custody, and control if they decide that it is in the best interest of the child.

If you have lost custody of your child, a parental rights attorney may be able to help. Our team of lawyers can review your case and determine the best steps for preventing the termination of parental rights. To learn more, give us a call today.