What Should I Do If My Child Is Taken From Me?

In California, a series of court processes are held to investigate the matter whenever a child is taken from their family for fear of their safety.  In this article, we’ll discuss the legal hearings that will occur when a child is removed from their home, including the detention hearing, jurisdiction hearing, and reunion planning.

After My Child Has Been Removed from My House.

When a child is removed from their home due to abuse or neglect (also known as juvenile dependency cases), one of the most crucial things to do is to supply the social worker with information about their family members. The following are the child’s placement options:

• If they are divorced, the other parent;
• A family member; or
• A foster home or a homeless shelter.

If a parent wants to keep their child from being placed with strangers, it’s preferable to disclose information about relatives.

If it is appropriate, the parent can ask the social worker to schedule frequent visits with the child after the child is removed. The parent will not be able to visit their child until their court date if this is not done.

The Initial Hearing

The first hearing, often known as a detention hearing, must take place when a petition is filed following a child’s removal. The first hearing must be place no later than 15 days after the petition is filed if the child was not removed. The social worker and an attorney will be present at the hearing, and they will produce a summary of claims regarding what they feel is going on with the parent and their child. The first hearing will determine whether the child may immediately return home. If they are unable to do so, the judge will issue visiting orders on a regular basis.

Even if the child is removed from the home, the parent has the ability to make educational decisions for their child. Due to the parent’s inability to respond to and participate in the educational process, the court may limit the parent’s right to make educational decisions. However, they will retain the right to make medical decisions and attend doctor’s appointments for their child.

If the other parent is not present at the hearing, the court will inquire about them, mostly to see whether there is another person who qualifies as the child’s parent.

Hearing on Jurisdiction

The parent of a child who has been removed has the right to contest the removal (detention) of their child. A few days after the first hearing, a parent can argue against their child being removed at a jurisdiction hearing. The court will evaluate if the claims in the petition from the first hearing are true at the jurisdiction hearing. If the judge determines that the kid is not safe, the child will become a court dependent and therefore a part of the system, giving the judge the authority to make decisions concerning the child’s care. The case will be dismissed if the family court determines that none of the claims are accurate, and the system will be completed by the child. In the event that a case is not dismissed, a decision will be made.

Services for Reuniting People

The disposition, also known as the reunion plan, is the moment in the case where the court determines what should be done to improve the family’s and child’s situation. Where the child should live (placement) will be discussed during the plan’s discussions:

• If the child should live with one parent or both;
• Who should the teenager live with if the child’s father is unavailable?
• The parent’s choice of when, where, and how they can see their child;
• Deciding what reunification services the parent requires in order for their child to be secure and able to live with them at home;
• Making decisions regarding the services their child should be safe and healthy.

The court must, with some exceptions, provide services to assist the parent in reuniting with their child. The case’s social worker will work on reunion services with the parent’s input, and the parent has the right to challenge the reunification plan if they disagree.

It is critical to finish all aspects of the reunification services since only then will the parent be able to reunite with their child. In most cases, a parent will have one year to satisfy their obligations. If the child is under the age of three, the parent will only have six months to demonstrate their commitment.

If the parent shows adequate improvement, the child may be restored to the parent before the next court date. If a parent refuses to participate in the reunification plan’s services, the court may order that the services be terminated and that the child be placed in a permanent home that is not with the parent. If the parent makes adequate pro bono efforts, the child may be restored to the parent before the next court date.

Note that the court will hold a hearing every six months while the child is in the system, which can be status review hearings, periodic review hearings, or DSR hearings. At the 6-month review, the court has the authority to:

• Order that the child remain out of their custody but provide the parent another six months of services; or
• Order that the child remain out of their care and stop offering them reunification services.

Allow Spodek Law Group to assist you:

In a juvenile dependency case, the attorney-client relationship is critical since there are peculiarities in the law that only an attorney can traverse or negotiate. After all, the attorney is your advocate in front of the judge in court. As a result, if you’re involved in a major family court matter, such as child removal, it’s necessary to hire an attorney.