What to do if your child is removed

If you are a parent and your child was removed from the home because of child abuse or neglect, you are now a part of a juvenile dependency case. The steps below will walk you through the dependency process and your rights in that process.

How it starts

A child abuse or neglect case starts when someone reports a concern. Learn more 
Reports that a child is being abused or neglected are usually made to the police or to social workers. They are required to investigate these reports. The concern could be: 
  • You are abusing your child or not taking care of your child properly
  • Someone else is abusing your child or not taking care of them properly and you are not protecting your child from that, or 
  • Your child is in danger of being abused or not taken care of properly by you or someone else, or
  • Your child has been left alone or with someone who is not a responsible adult

A social worker investigates by talking to you, your child, and people who know you and your family. They will also look at where you live.

The social worker can talk to your child at school without you being present. The social worker does not need a court order to talk to your child at school, as long as there is not a police officer present when the social worker talks to your child. After the social worker talks to your child at school, they have to tell you that they interviewed your child at school.

 

After investigating a report of abuse or neglect, the social worker or police officer will do one of the following:

  • Not take any action. The social worker will do this if they don't find evidence of abuse or neglect that requires court involvement. 
  • Offer free services designed to help you learn how to parent your child more safely. 
  • Leave your child in your care and file a petition with the court that asks to the court to open a case to protect your child.
  • Take your child from you if they think the child is in immediate danger. The social worker will also file a petition that asks the court to open a case to protect your child. The social worker must file the petition within two court days of removing your child.

What to do if your child is removed

  • Give the social worker information on family members and close connections

    One of the most important things you can do when your child is removed is to give the social worker information on your family members and close connections, sometimes called non-related extended family members. This can keep your child in the care of people they know. The placement options for your child will be:

    • The other parent (if they were not part of the reason your child was removed and they are otherwise safe and appropriate)
    • A relative
    • Non-related extended family members
    • A licensed foster home (now known as resource family home) or shelter
    When your child is removed, you can also ask the social worker to set up frequent visits with your child. If it is appropriate to do so, you will be able see your child while you wait for your court date.

  • Attend the first court hearing

    In most courts, this is called the detention hearing. This hearing must be held by the end of the day after the petition is filed. The social worker will tell you when and where the detention hearing is going to take place.

    At the first hearing a few different things will happen:

    • If you cannot afford a lawyer, the judge will assign one to you. The judge will also assign a lawyer to the other parent of your child if the other parent shows up for the first court hearing. Most counties will also assign a lawyer for your child.
    • The judge will also decide whether your child can go home right away. This is the first time the judge will be asked to make sure that your child is safe. If your child can’t go home right away, the judge will make orders about when and where you can visit your child. If your child has been removed you have the right during this hearing to argue against the removal (detention) of your child.
    • The judge will ask you about the child’s other parent if that parent is not at the hearing. This means that the court will ask if there is a father or another person who qualifies as a parent to the child. The questions about the other parent are needed to find out who your child’s legal parents are. 
    • The judge will ask whether the child may have Native American heritage
    You can still make educational and health care decisions for your child. Learn more
    You still have the right to make educational decisions on behalf of your child. So you should continue to participate in your child’s education and decisions regarding their education. The court can limit your right to make educational decisions based on your failure to respond to and participate in school meetings. You also retain your right to make health care decisions for your child and you have the right to attend doctor appointments.

  • Attend the jurisdiction hearing

    A few days after the first court hearing, you will attend the jurisdiction hearing. This is when the judge will decide whether the allegations in the petition are true. If the judge decides the allegations are true, the court will take authority over your child. This is called jurisdiction.

    At the jurisdiction hearing:

    • If the judge decides that any of the allegations are true and your child isn’t safe, then a disposition hearing is set to determine if your child will become a dependent of the court. This could mean that your child would be in the system. Being in the system does not necessarily mean that your child will live with someone else. It only means that the judge is allowed to make orders about your child’s care.
    • If the judge decides that none of the allegations are true, then the case will be dismissed and you’ll be finished with the system. 

    If your social worker isn't returning your calls, locate the main number for your county's social services agency and ask for a supervisor. You can also let your lawyer know and tell the judge while you are in court.

    If your lawyer isn't returning your calls, try sending an email if you have their address. You can also check the California State Bar website for any additional contact information for your lawyer. Let the social worker know as well. You can also advise the court at your hearing that you have been unable to talk with your lawyer.

  • Attend the disposition hearing

    If your case is not dismissed, there is a disposition hearing after the jurisdiction hearing. Often the jurisdiction and disposition hearings are combined and handled at the same time. 

    Disposition is the part of the case where the judge will decide whether your child becomes a dependent of the court. If your child is made a dependent of the court, the judge must then decide if your child can remain in your care. If your child is removed from your care, the judge will decide what you should do to make things better for your family and your child. This is called the reunification plan. It will include any decisions about:

    • Where your child should live (this is called placement)
    • When, where, and how you can visit with your child
    • What reunification services you need to make your child safe and able to live with you at home
    • What services your child needs to be safe and healthy

  • Take part in services to get your child returned to your care

    With certain exceptions, the court must offer you services to help you reunify with your child (get your child returned to your care). The social worker assigned to your case will come up with the reunification services, with your input. The judge will order you to complete all the reunification services. 

    You should immediately begin participating in those services because you have to complete all of the reunification services to get your child back and you have a limited amount of time to do it. If your child is 3 or under, you may have a shorter period to complete these services so it is critical to begin right away.

    Most of the time, you will have a year to complete your requirements if you keep making progress. But if your child is under three years old, you will have only six months to show that you are committed to finishing up everything.

    After the court orders you to participate in reunification services, your next court hearing is not for 6 months. During this 6 months you should be participating in the reunification services offered to you.

    If you make progress, your child could be returned to you prior to the next court date. It is important to keep in touch with your attorney and social worker to keep them up to date on your progress toward your reunification goals. If you believe that it is safe for your child to be returned to your home, your attorney can file paperwork asking the court to return your child.

    If you don't participate in the services set forth in your reunification plan, the court can terminate your services. If your services are terminated that means that the goal for your case has changed from getting you back together with your child to finding a permanent home (that is not with you) for your child.

  • Attend review hearings

    During the time your child is in the system, the court will have a hearing every 6 months. These court hearings are dependency status review (DSR) hearings, which in different courts can also be called status review hearings, periodic review hearings, or DSR hearings.

    The purpose of each review hearing for the court to decide if you have been really working on your case plan and if it is safe for your child to be returned to your care. The court can:

    • Return your child to your care if they were removed from your care
    • Order that your child remain out of your care but give you another 6 months of services
    • Order that your child remain out of your care and stop offering you reunification services

If reunification fails

Once the court ends (terminates) reunification services, the court must make a permanent plan for your child. This is the long-term plan saying where your child will live.

There are several things you should know if the court does not return your child and ends reunification.

  • You can continue to visit with your child, unless the court finds that it is harming the child. This is true even if your reunification services have been stopped.
  • The court must select a permanent plan for your child. This plan can be adoption, legal guardianship, or other arrangement.
The court has preferences when determining a long-term plan. Learn more

The court has the following preferences when determine a long-term plan:

  1. Adoption (including tribal custody adoption)
  2. Guardianship with current relative caregivers
  3. Guardianship with a non-relative
  4. Placed permanently with a fit and willing relative
  5. Remain in foster care with the goal of any of the above

 

Juvenile dependency

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