What happens when my child is taken from me by Child Welfare Services? 

A: Child welfare services, also known as Child Protective Services (CPS), is a government agency responsible for investigating allegations of child abuse or neglect. CPS can get involved with your children if someone reports concerns about your child’s safety or well-being, or if they believe your child is at risk of harm. (California Welfare and Institutions Code (WIC) section 300(a))

Q: What happens when CPS first becomes involved with my family?

A: If CPS believes that your child is in imminent danger, they may take your child into protective custody without a court order. However, within 48 hours of removing your child, CPS must file a petition with the juvenile court alleging that your child is a dependent child of the court. (WIC section 319)

Q: What does it mean for my child to be a dependent child of the court?

A: When CPS files a petition alleging that your child is a dependent child of the court, it means that the court has jurisdiction over your child and can make orders regarding your child’s placement, care, and custody. A dependent child of the court is a child who has been abused, neglected, or is at risk of harm, and whose parents are unable or unwilling to provide adequate care and supervision for the child. (WIC section 300)

Q: What happens at the initial hearing?

A: The initial hearing must be held within 3 court days after the child is taken into protective custody or within 5 court days if the child is not taken into protective custody. At the initial hearing, the court will determine whether the child should be released to the parents or placed in foster care. The court will also appoint an attorney to represent the child and set a date for the jurisdiction hearing. (WIC section 319)

Q: What is the jurisdiction hearing?

A: The jurisdiction hearing is where the court will determine whether your child is a dependent child of the court and whether the allegations in the petition are true. If the court finds that your child is a dependent child of the court and that the allegations in the petition are true, it will make orders regarding your child’s placement, care, and custody. (WIC section 355)

Q: What are my rights as a parent during the dependency process?

A: As a parent, you have the right to be represented by an attorney and to participate in all court proceedings. You also have the right to visit your child, to have your child returned to you if you can provide a safe and stable home, and to receive reunification services to help you address the issues that led to your child being removed from your care. (WIC section 317-322)

Note: The information provided is for general informational purposes only and is not intended as legal advice. It is always recommended to consult with an attorney for specific legal advice regarding your case.