What Happens at a Juvenile Dependency Detention Hearing?

What is a juvenile dependency detention hearing? And how can you best prepare for your family’s hearing?

A juvenile dependency detention hearing occurs after Child Protective Services (CPS) takes a child into state custody. Through this detention hearing after CPS removal, you have a chance to regain custody. It is generally held within one to two days of the child’s removal.

During the hearing, the judge will determine whether your child returns home or goes into foster care. Because of this, it’s generally a good idea to seek out professional legal help beforehand.

There is a step-by-step process that occurs during the juvenile detention hearing after a child is removed from their home.

• The court provides a notice about what is going on.
• The parents are given case documents and any other documents.
• The court informs the parents about what can potentially happen in the case.
• Lawyers for both parties introduce themselves to the court.
• The court writes down the names of relatives who could take the child.
• Under the Indian Child Welfare Act, the court must also write down the name of any relatives.

Once the previous steps are complete, the court has to decide whether your child will go into foster care or remain in your custody. If the child is placed in foster care at the detention hearing with CPS, the court must determine a visitation schedule. The court may discuss some of the steps parents may take to get their children back.

Later, there will also be a jurisdictional hearing where the court will determine the truth of the allegations and any next steps. If the court decides the charges are accurate, the dispositional hearing is where the parent will find out what types of programs or therapies they must complete to get their child back.

Under Rule 5.820, parental rights are terminated if the child has spent at least 15 of the last 22 months in foster care. However, most parents get their children back in 6 to 12 months if they are fulfilling their case plan.

At the six-month mark, the court will review the case to see how well you’ve fulfilled your case plan. When the case plan has been fully followed and completed, the child may be able to return home. If many–but not all–of the plan’s requirements have been followed, the court may decide to wait another six months to see what the status of the case plan is at.

Once CPS has become involved, it’s a good idea to reach out to a juvenile dependency attorney for help. Besides walking you through the juvenile dependency court process, they can also help you compile evidence and build a counterargument. Typically, the process goes through the following set of hearings.

• Detention hearing: The detention hearing is the initial hearing in the entire process. It is the point where the judge decides if the child will remain at home or in care for the duration of the investigation.
• Jurisdictional hearing: At the jurisdictional hearing, the court determines if the allegations of neglect and abuse are true or not.
• Dispositional hearing: If the charges are considered true, the dispositional hearing is where the judge will determine the services your family needs to resolve the problem.
• 6-month, 12-month, and 18-month reviews: A series of reviews may be necessary before your child can return home. If your case plan is completed at the six-month review, you may be able to regain custody immediately. Otherwise, the judge may decide to give you more time.

Dealing with a detention hearing and CPS isn’t simple. With the help of a juvenile dependency lawyer in your area, you can learn what happens at each stage of the case and your best course of action. To learn more, reach out to our team of legal professionals today.