Winning a Jurisdiction and Disposition Hearing in Juvenile Dependency Court
Once Child Protective Services (CPS) starts an investigation, there is a legal process they must follow. By learning what to expect in a jurisdiction and disposition hearing with CPS, you can take the next step toward getting your child back. This process can be complex for newcomers, but an experienced juvenile dependency lawyer can help you understand what to expect and how to prepare.
What Is a Jurisdiction Hearing in a CPS Case?At a jurisdictional hearing, the goal is to determine if the petition is true.This can be accomplished through three key ways.
- You or the other parent can tell the court that the petition is true.
- You can simply choose not to argue the petition, which is known as submission.
- Parents or guardians can fight the charges. In this instance, the court will review all of the evidence and both sides will get a chance to argue their cases.
If the court determines that the petition is true, then the next step is the disposition hearing.
What Is a Disposition Hearing in a CPS Case?Your lawyer will walk you through how to prepare for a disposition hearing in California. During the disposition hearing, the judge decides what will happen to your child. The following are just a few examples of what they can decide.
- The judge can dismiss the case, allowing the child to return to their parents’ custody.
- They can choose to let the child live with you on a family maintenance plan. This is where a social worker supervises the child’s living situation with the parents.
- The court can take the child away and require family reunification services for the child to be reunited with their family.
- The child can be removed permanently. For instance,an untreated drug problem can lead to permanent removal.
To prepare for your jurisdiction and disposition hearing, the first step is reaching out to a juvenile dependency lawyer near you. Understanding CPS court hearings can be confusing, so you want to find the best help possible. With the help of your attorney, you can use the following tips to get ready for your case.
Read Through the PetitionTo get ready for your disposition hearing with CPS, start by reading through the petition. Your lawyer can help you understand the allegations, so you can determine the best method for preparing for your case.
Gather EvidenceIn a CPS case, evidence can take many different forms. For example, a mother could use a report from school to show that an injury took place at school and not under the mother’s care. Similarly, video evidence, testimony from eyewitnesses, and medical records can help to support your case.
Get Your Testimony ReadyYou have the right to testify in your case. Under Rule 5.250, your child’s ability to testify may vary. Before your case begins, it’s important to prepare your testimony in advance so that the court understands your side of the story.
Take Advantage of Family Reunification ServicesIf the court assigns family reunification services, you need to follow them closely. You will get follow-up hearings at 6, 12, and 18 months. The 18-month hearing is one of your last chances to get your children back, which is why it’s so vital to make progress before this milestone is reached.
Learn How to Win a Jurisdiction and Disposition Hearing in CaliforniaWhen it comes to a jurisdictional or disposition hearing with CPS, you need all of the help you can get. You don’t want to be unprepared. CPS investigations are extensive, and they will have all of their evidence prepared before the court date.
To fight CPS, you need to be 100% prepared. From testimony to eye witness, you need all of your ducks in a row to take on the state. To learn more about the best steps for your case, reach out to our talented CPS lawyers today.