What Are Reasonable Efforts in Family Court?

Under the original Adoption Assistance Act and Child Welfare Act of 1980, there was no clear definition of what reasonable efforts are. However, the act clearly states that attempts to reunify the family must be made in every instance that a child received foster care funds through Title IV-E of the Social Security Act.

There are only three main instances where reasonable efforts are not required.

• If the parent committed murder, voluntary manslaughter, or felony assault that led to serious bodily harm involving one of their other children
• If the parent has already had their parental rights terminated for the child’s sibling
• If the parent subjected the child to aggravated circumstances, which California considers attempting, causing, or conspiring to cause great bodily harm or death to the child or their sibling

Under Welfare and Institutions Code (WIC) 361.5, the reasonable efforts legal definition details when reasonable efforts to reunify families must be made and when they can be omitted. Reasonable efforts are required if the child is 3 or older and they will be in foster care for a maximum of 12 months. For children under 3, reunification services cannot be provided for longer than six months from the date when the child went into care.

It’s also important to note that these age limits may vary based on the sibling’s age. If one of the children in a sibling group is under the age of 3, then some or all of the other siblings will have the same six-month limit in foster care. However, this can vary from case to case.

However, the same WIC code specifies many instances when California courts don’t have to make reasonable efforts. The following are just a few of the examples where the courts do not have to offer reunification services.

• A child under the age of 5 experienced abuse from the parent.
• No one knows where the parent is.
• Another child died because of the parent’s neglect.
• The parent has a mental disorder that makes it impossible for them to use family reunification services.
• The parent voluntarily chose to abandon their child.
• The child’s conception was due to a sexual offense.
• The parent was previously convicted of a violent felony.
• Parental rights have already been terminated for another one of the parent’s children.
• The parent isn’t interested in receiving reunification services.

How Long Do Most Dependency Cases Last?

In most cases, California dependency cases will last for 6 to 18 months. However, you can always talk to your child dependency lawyer about factors that may influence your timeline.

While your child is in the system, a hearing will generally be held every six months to determine the progress of your case. However, there is a timer on all CPS cases. If your child is in foster care for more than 15 out of the last 22 months, the court will try to seek a permanent solution outside of your care. Because of this, it is important to act as quickly and efficiently as possible. With the help of your attorney, you can move quickly to secure your parental rights and figure out the best outcome for your legal situation.

Discover More Help in Building Your CPS Case

Are you looking for a dependency lawyer near me? Our team of experienced lawyers knows what it takes to build a strong case against CPS. We will fight for your rights and help you understand the legal process.

If you’re ready to learn more about CPS and reasonable efforts to reunify families, we can help. Learn more by giving us a call today.