HABLA ESPAÑOL • AVAILABLE 24/7/365 • HELP WITH BAIL BONDS

(949) 622-5522
(949) 622-5522
En Español
Schedule Consultation

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

Available 24/7/365
See All Criminal Defense Practice Areas

As Seen In

10 News First
CNN
Court TV
Forbes
Huff Post Live Alt
Huff Post Live
KTLA

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

Summary: This page covers Can I Get My Child Back After My Parental Rights Are Terminated in Juvenile Dependency?, What Can Parents Do to Get Their Parental Rights Back?, What Are My Rights in Juvenile Dependency Court in California?.

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.

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

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.

What Can Parents Do to Get Their Parental Rights Back?

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.

What Are My Rights in Juvenile Dependency Court in California?

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.

Get A Criminal Defense Consultation Now

Do you already have a court date?*
Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. The contact form sends information by non-encrypted email, which is not secure. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship.

Recover Your Future with a Commanding Legal Defense

Immediate Action to Restore Control

Neutralize threats & prevent escalation with a firm that begins active case management as soon as you retain us

24/7 Access to Elite Legal Counsel

Connect with a member of our team at any time to begin addressing your legal challenges swiftly and decisively

Resolve Uncertainty with Clear Guidance

Reduce stress and uncertainty through honest, candid assessments and a clear, strategic path to resolution

Fierce Representation for Urgent Situations

Secure lasting stability for you or your loved one through an aggressive defense and diligent case preparation

Contact Us 24/7/365

Criminal Defense Case Results

Mr. R was charged with embezzling close to $100,000 as a utility salesperson using a scheme to steal customers’ identities. Client avoided any jail time and received probation.

Mr. P was charged with embezzling equipment from John Wayne Airport while working as a contractor. Our office negotiated a civil compromise, resulting in the dismissal of felony charges and sealing his arrest record.

Mr. W. was charged with eight counts, including domestic violence, child endangerment, and criminal threats. Our office negotiated an offer of one year in therapy and then a dismissal of all charges.

Mr. H. was found by police passed out in his vehicle with drugs out in the open. Our office was successful in obtaining a diversion out of the criminal justice system and ultimately a dismissal.

Read More Case Results

Hear From Our Clients

Refreshing & Life-Changing Experience

I really appreciate everything she has done for me; I cannot thank her enough! Ms. Johnson-Norris did an absolutely thorough job by answering any and all questions that I had. She called me with updates and preferences on how I should be handling the case, which made the whole process very reassuring. The staff was very up to date with all of the follow-up information that was involved with my case that was also extremely beneficial. Ms. Johnson-Norris had a very reassuring aspect about her that made it very easy to let her handle the case. If anything were to go wrong with anyone I am associated with, she will be the lawyer of choice. I really appreciate everything that she has done for me, I can not thank her enough!

Mr. D., a criminal defense client

Ms. Johnson-Norris was recommended to me by many sources. She was the perfect fit, financially and professionally. I did what she told me to do to get the best possible resolution and it definitely paid off. I would recommend Lauren Johnson-Norris to anyone and am truly grateful for her services. She gave me peace of mind in some bad times. Thanks, Ms. Johnson-Norris!

A client charged with an alcohol-related misdemeanor

Thank you so much for all your help with our case. It was a pleasure meeting you and I appreciate all you’ve done for my family. You are the best attorney that we could have and we are so grateful that we met you. Thank you from the bottom of my heart.

A juvenile delinquency client’s parent

Ms. Johnson-Norris always made me feel comfortable and confident. I was able to trust her and feel at ease very quickly. I felt like she was always on top of things and she left no questions unanswered and made that stressful time much easier for me.

E.K.

Ms. Johnson-Norris is the absolute definition of an attorney. She not only helped me with my petty theft case, but she also gave me peace of mind during these difficult times. The reason I would recommend Ms. Johnson-Norris is much more than just ‘she gets the job done.’ Rather, she works for you and gets results by taking the burden off you! I want to thank her for her time and encourage anyone who needs help to look to her for answers.

Nicole

Read more Testimonials

Criminal Defense FaQ

What immediate steps will you take to protect my rights?

We provide immediate crisis command by reviewing the allegations against you and intervening with law enforcement to prevent further exposure. From the moment you retain the Firm, we act as your shield, managing all communications and executing a decisive strategy to protect your liberty and reputation.

We prioritize discretion and exposure management. We understand that a public allegation can be as damaging as a conviction; therefore, our strategy focuses on minimizing the visibility of your case while challenging the prosecution’s narrative to preserve your standing in the community.

We begin by meticulously reviewing the allegations to determine if the conduct even constitutes a crime under the law. We then scrutinize the prosecution’s evidence against the highest standard — proof beyond a reasonable doubt. By analyzing the “who, what, when, where, and how,” we identify the natural questions a jury will have, allowing us to build an expert strategy that derails the prosecutor’s narrative.

.

Yes, our firm offers comprehensive legal services in Orange County with a unique focus on “crossover” cases where criminal and juvenile law intersect. Johnson Criminal Law Group provides the specialized expertise necessary to navigate investigations that threaten parental rights and family stability.

When you partner with Johnson Criminal Law Group, you receive 24/7 responsiveness and a clear, strategic plan designed to resolve your legal emergency decisively. We balance aggressive defense strategies with genuine human connection, ensuring you are treated with the respect and transparency you deserve during a crisis

Habla Español • Available 24/7/365 Help With Bail Bonds

Schedule A Consultation
(949) 622-5522