What Happens When CPS Places Your Child in Foster Care Under Juvenile Dependency

After Child Protective Services (CPS) starts an investigation, they may decide to put your child in foster care until the investigation is complete. Additionally, a child may remain in foster care until the juvenile dependency court determines that it is safe for them to return home.

As a parent, this can be a confusing, emotionally-wrought experience. The foster care process in California takes time, and it can be challenging to get your child back out of the system. By learning more about the process, you can figure out what to expect and the best method for getting your child back.

Typically, this entire process begins when someone voices concern about a child’s well-being. When this happens, CPS has a few different options. For example, they can determine that the child is fine and discontinue the investigation. If the problem is minor, they may offer free parenting classes or other services to help.

However, CPS can also ask the court to remove the child from your care and place them in the California foster care system. If the problem places the child at severe risk, CPS can also move to put the child into foster immediately.

Once your child is removed from your care, there are a few things you should do right away.

• Provide phone numbers: First, give CPS the number of your family members or friends who may be able to care for the child, preventing the need for foster care.
• Go to the detention hearing: In California, a detention hearing must be held by the end of the day that the petition is filed. At this hearing, the judge will decide if your child will go home with you or be placed in alternative care. You are legally allowed to have a lawyer. If you can’t pay for one on your own, the court can appoint an attorney for you
• Show up for the jurisdiction hearing: A few days later, there will be a jurisdiction hearing. This will determine if the judge believes the allegations are true. If so, they will decide on where the child is going to live and what types of services are needed before the child can return home. However, the judge can also decide during this hearing that the allegations are unfounded and your child can return home.
• Follow your reunification plan: If the child is removed from your care, there will likely be a reunification plan put in place. You must carefully follow all of the treatments, therapies, and requirements in this plan in order for your child to return home.

The foster care process in California isn’t for the faint of heart. It is time-consuming and complex, making a difficult situation even more challenging for parents. While you retain your parental rights when the child is in foster care, these rights can be terminated if the child is in care for 15 of the last 22 months, according to Rule 5.820. The courts want to give the child permanency, so there is a strong push toward finding a long-lasting, secure situation for the child as the case goes on.

However, there are exceptions to this rule. With the help of a foster care lawyer, you can figure out the best method for maintaining your parental rights after your child has been placed in foster care.

Are you struggling to navigate juvenile dependency court? While the foster care process in California may be confusing, you don’t have to figure it out on your own. Our team of experienced dependency lawyers have spent years working with CPS and the judicial system in California. Find out more about how we can support your case by emailing us today .