How to Get Your Child Back from CPS in a California Juvenile Dependency Case

If you have lost custody of your son or daughter, there are a few steps you need to take in order to get your child back from CPS in California. The California Department of Child and Family Services, known as DCFS or CPS, has to follow a specific protocol in order to return a child to a parent. Because of this, it is a good idea to consult with a qualified attorney to discover the most effective method to regain custody from CPS.

Are you struggling to deal with a CPS case that’s tearing your family apart? Losing a child to CPS can be a stressful experience for loved ones. By following the correct procedures, you can achieve a better outcome and learn what to expect. Dealing with the unknown is anxiety inducing, which is why having the help of an experienced professional is so important.

Under Welfare and Institutions Code (WIC) Section 300, there are only a few select circumstances where CPS can remove a child from a home. Basically, WIC Section 300 allows this to happen if there is abuse, neglect, or situations that might lead to risks for the child. For example, WIC Section 300(a) says CPS can remove children if “the child has suffered, or there is a substantial risk that the child will suffer, serious physical harm inflicted nonaccidentally upon the child by the child's parent or guardian.” Other examples of removal reasons include drug abuse, mental illness, or a lack of stable housing involved.

Unfortunately, the legal system isn’t designed to be straightforward and easy to navigate. To get a child back from CPS in California, you should start by searching for a juvenile dependency lawyer. With the help of a skilled attorney, you can determine the best course of action for regaining custody of your child.

When it comes to juvenile dependency in California, one of the most important things you can do is listen to your social worker and CPS. Often, a social worker will give you specific therapy programs, employment expectations, and lifestyle changes you need to make before CPS will let you get custody back. For example, a family that has been living on the streets may be told that a stable apartment is needed.

While each situation is different, the following are some common CPS requirements for regaining custody.

• Taking part in a drug or alcohol rehab program.
• Attaining and maintaining steady employment.
• Completing a therapy program for mental illness.
• Obtaining suitable housing.
• Leaving situations that involve domestic violence.

Typically, CPS will make a service plan that says what needs to be done to get your kids back. The service plan details the exact therapies, work requirements, and lifestyle changes you need to make for reunification to happen. When it comes to juvenile dependency in Orange County, the service plans often involve parenting classes, addiction recovery, job training, and housing assistance.

If your child has been removed from your home, it’s important to attend every court hearing in your case. This shows your commitment to getting your kids back and are making a true effort. More importantly, it allows you to stay updated on key changes and requirements, so you know what expectations you must meet.

Trying to regain custody from CPS can take time, making the process extra distressing. Ultimately, the most important factor is demonstrating that your home is a safe, healthy place for the child. It may be frustrating, but it’s important to be as consistent and patient as possible during this process.

While your case is unique, many people are able to get their children back in around 12 months. The federal Adoption and Safe Families Act encourages permanency in where the child lives. Because of this, there is a strong push to help children return home as soon as possible. For children under 3, this timeline can be as short as 6 months. However, each case is unique, so talk to your attorney about the best options for your situation.

Are you searching for a “dependency attorney near me?” If you are trying to get your child back from CPS in California, one of our experienced lawyers can review your case. Learn more by reaching out to our team today.