What to Do After Your Child Is Detained By CPS in a Juvenile Dependency Matter

After a child is detained by Child Protective Services (CPS), the next step is calling your lawyer. CPS has to follow specific rules after detaining or removing a child, and your lawyer can inform you about the entire CPS process. If you are dealing with a child detained by CPS in California, you have to move quickly to protect your parental rights and get your child back.

By learning what to do after CPS detains your child in CA, you can be proactive about resolving your case. Immediately after a child is detained by CPS in California, the child will generally be placed with a family member or in foster care. Legally, the court must hear the CPS case by the end of the day after CPS files the petition for removing the child. In the meantime, you should get started on the following steps to defend yourself against CPS.

First, call a lawyer. When juvenile dependency court cases in California are involved, legal terminology, evidentiary requirements, witness statements, and other requirements can quickly become complex. You need an experienced lawyer to explain the best arguments for winning your case and what to expect. Your attorney can challenge CPS during your hearings. If you are successful at fighting during the jurisdiction hearing, you may be able to get the juvenile detention case completely dismissed.

When CPS–known as Children and Family Services (CFS) in Orange County or the Department of Children and Family Services in other counties–detains your child, you should give them the names of family members and friends you trust with your child. Before CPS places the child in foster care, they’ll start by trying to find a family or friend who can take the child in temporarily.

When you have a child detained by DCFS or CPS, you need to be cooperative. CPS can report on your body language, what you say, and other behaviors. If you close or block the doorway so that they can’t see in, they can bring this up in court.

While you need to be cooperative, you don’t have to make your situation worse. For instance, CPS doesn’t have a legal right to enter your home unless they have a court order or warrant. If you don’t want CPS in your home right now, you generally have the right to say no. However, this refusal can be used against you in court. Instead, you could suggest an alternative, more convenient time when CPS could visit your home.

CPS is legally required to file a petition in court after removing children from their homes, so there will be a court hearing after your child is detained. Once you’ve talked to your lawyer, you can begin preparing your testimony and gathering evidence.

It is incredibly important to go to court hearings. Your presence shows how committed you are to regaining custody. It also allows you to learn more about the process and what to expect.

CPS can only remove your child in California if they have your consent or a court order. The only exception to this rule is if your child is in immediate danger, which would allow them to remove the child earlier.

If you just had a child detained by CPS in California, help is available. As soon as you find out that your child has been removed from your custody, you should seek legal help immediately. CPS will compile evidence that can be used against you, making professional help essential. With the help of your lawyer, you can fight CPS and learn what it will take to achieve a positive outcome in your case.