Child Protective Service Cases

Child Protective Services has a duty to investigate any report regarding child abuse and neglect. If a case has been filed and CPS is requesting custody of your children, it is best that you seek legal advice right away.
In CPS matters, CPS can removal your child if the CPS investigator finds:

  • There is a present danger of serious harm to the child in the home;
  • The caregiver’s protective capacities are insufficient to keep the children safe from the harm; and / or
  • There are no reasonable efforts that CPS can make to prevent removal of the child that would be consistent with the safety of the child.

If CPS removes a child without a hearing, an emergency hearing must be held by the court on the first working day after the removal. If the above findings are made by the Court, the child will remain in CPS custody.

Adversary Hearing- this hearing typically takes place 14 days after the removal of the child. At this hearing temporary orders will be made and the child will remain in the custody of CPS or the child will be returned to the parent if it is safe and in the best interest of the child.

If CPS is granted custody of the child at this hearing, the temporary orders will set out rights of the parties and also visitation and child support may be addressed.

Status Hearing –If CPS is awarded custody at the Adversary Hearing, then at the status hearing, the court will address and approve the eservices that the parent is required to complete in order to have the child returned to their care.

Permanency Hearings – At Permanency Hearings the court will review or the service plans and the efforts of the parents to complete the service plans. The Court will review CPS’s efforts to locate all necessary parties. The Court will also evaluate the return of the child to the parents if it is safe to do so and is in the child’s best interest. The Court will also look to see if there are any available placements for the child with family members or family friends that can be approved. It is always best for children who have been removed from their home to be placed in a familiar setting vs. foster care. The Court will also determine if the current placement (whether it be with family, family friends, or foster care) is meeting the child’s emotional and physical needs.

Trial – On the trial date the court must enter a final order, dismiss the case, or extend the deadline for finalization of the case by 180 days if there is extraordinary circumstances. In a final order, the court can return the child to the parent, grant conservatorship to a relative or other person, appoint CPS as the conservator or terminate the parent child relationship.

If you have any questions about the CPS process or if you have a CPS case, please contact the Recalde Law Firm at 1-855-687-9903 to schedule a consultation

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