The Stages of a Juvenile Dependency Case in California

Many of the rules governing when a child can be removed from a home can be found in Welfare and Institutions Code 300. However, other laws, like WIC 366.26 and WIC 317 also apply. By getting a California dependency case consultation with a professional attorney, you can learn what to expect as your case progresses through the court system.

CPS Removal

The first part of the juvenile dependency stages is when CPS removes the child from their home. This can be an emergency removal that is carried out immediately, or it can be a court-ordered removal. If the child’s removal wasn’t done with a court order, then CPS will need to file a petition. Afterward, a hearing about the removal must be held by the end of the next day.

Detention Hearing

Next, a detention hearing will be scheduled. This is the part in the juvenile dependency court process where the judge decides if the child should be returned home or not.

Jurisdictional Hearing

Jurisdictional hearings, often called fact-finding hearings, are the point in the juvenile dependency court process where you can argue your case and disprove the allegations. Basically, the judge will use this hearing to decide if the allegations are true. You and your attorney will use evidence and witness testimony to contradict CPS’s version of events.

Disposition Hearing

If the jurisdictional hearing found that the allegations were all or partially true, the next step is to have a disposition hearing. This is when the juvenile dependency court decides what type of family reunification services are necessary. In order to get your child back, you will need to fulfill all of the plan requirements.

6-Month, 12-Month, and 18-Month Reviews

Once the family reunification plan is in place, the final step is putting it into action. At the six-month review, the judge will decide if the plan has been completed or if you will need more time to work on it. If your CPS plan is complete, you can get custody of your child back.

Alternatively, the judge may determine that the family reunification services haven’t been wrapped up yet. Then, they can delay the case until a 12-month hearing. If the same thing happens again, the judge can schedule an 18-month hearing.

Except in rare cases, the 18-month hearing is your last shot at regaining custody. The court has a legal imperative to seek permanency for the child. If family reunification isn’t possible at the 18-month mark, the court will often move on to adoption proceedings.

Are CPS Cases Public Record in California?

In California, CPS cases are not considered public records. However, this can be a double-edged sword. While this means that no one has to know about your family’s personal matters, it also means that there is no public record demonstrating that you were cleared of wrongdoing at the end of the case.

Prepare for Your Juvenile Dependency Case in California

If you need help learning how to win in dependency court, schedule an appointment with a CPS attorney. The juvenile dependency stages can be time-consuming and stressful. Unless you have a legal background, they can also be incredibly difficult to understand. A skilled attorney can help you determine the best course of action for regaining custody and what the odds are like in your case.

Whether you’re struggling with disposition court or just went through a CPS removal, we can help. Call us today to learn more about the stages of a juvenile dependency case in California.