Cops were called because. Kids threw food around and my mom is 82 so she thought they were just going to talk to them but that's not their job my mom should of called me I know its not normal I been telling her that
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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. If your child has been removed, 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.
Keep in mind that even though your child is removed 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 his 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 doctors appointments.
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You also need a lawyer.
This is how you obtain a court appointed attorney, IF you qualify for one.
If your child has been removed, the first hearing must happen the day after the petition was filed. If your child was not removed, the first hearing must be held no later than 15 days after the petition is filed.
At the first hearing a few different things will happen. First, if you cannot afford a lawyer, the judge will appoint one for you. The judge will also appoint a lawyer for the other parent of your child if he or she shows up for the first court hearing. Most counties will also appoint an attorney for your child.
Important: The attorney client relationship is a special one. First, your communications with your attorney are confidential, which means that the attorney cannot tell anyone else what you talk about unless you say it is okay. Your attorney talks to you about the law and how it applies to the facts of your case. And your attorney is your voice in court and presents your position to the judge. If there has been a break down in your relationship with your attorney and you do not feel like he or she is representing your interests, you can ask the judge to appoint a new attorney for you.
The social worker will be at the first hearing. He or she also has an attorney, often called the county counsel or agency attorney. Before the court hearing the social worker will provide all the attorneys and the judge with the petition and the written report that talks about the reasons the petition was filed. The petition has a list of things that are numbered, like A-1 or B-1. These are called allegations, and they summarize what the social worker thinks is going on with your and your children.
If your child has been removed, the first hearing is called the detention hearing and the judge will 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.
The judge may also ask you some questions about whether your child may be a member of a Native American tribe. The questions about connections to a tribe are important because of the Indian Child Welfare Act (ICWA). If you have Indian ancestry or think you are a member of a tribe, please click here for more information on ICWA.
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. Click for information on Rights of Fathers and Other Parents to find out more about parentage and paternity in juvenile court.
If your child has been removed you have the right to argue against the removal (detention) of your child. The hearing where you argue against your child being removed will take place a few days after the first hearing. It is called the jurisdiction.
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Now., this is very important.
Read it carefully.
By now, you have a lawyer.
Your children each have lawyers.
Your husband has a lawyer, too.
Your lawyers have counseled you.
Ask plenty of questions, make sure you understand.
The jurisdiction hearing is the hearing that comes after the initial hearing, if your children were not removed, or after the detention hearing if your kids were removed. At the jurisdiction hearing 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 in the law; that is why the hearing is called the jurisdiction hearing.
At the jurisdiction hearing:
If the judge decides that any of the allegations are true and your child isn't safe, then your child will become a dependent of the court - whether your child is living with you or not. That means your child is 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 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 what you should do to make things better for your family and your child. This is called the reunification plan. It will include:
Decisions about where your child should live (this is called placement).
Should your child live with you or with someone else?
If your child does not live with you, whom should your child live with?
Decisions about when, where, and how you can visit with your child.
Decisions about what reunification services you need to make your child safe and able to live with you at home.
Decisions about what services your child needs to be safe and healthy.
If you disagree with the allegations in the petition, you have a right to a hearing to contest the allegations in the petition. That hearing will occur at a later date. If you do not dispute the allegations in the petition but you disagree with the reunification plan, you have a right to contest that.
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Watch this video, it will help you understand how the process works in CA:
This link explains in words what you must do, and how the process works:
Guide to Dependency Court – For Parents - child_abuse_famlaw_selfhelp
Okay, after you've taken these two steps and educated yourself about the process, return, let us know and we'll offer you more insights.
One last comment.
Once CPS gets involved, you can't just talk your children back into your life.
Think of this as a game, a very important game.
However, before you play any game, you must learn the rules.
That's where you are today.
You must learn the rules.
There are protections set up to safeguard your children's safety and to protect your rights.
From this point forward when dealing with CPS always be polite, be prompt at any meetings, and be professional.
Also document everything, write everything down, take good notes.
To take these great notes, buy a notebook that you'll ONLY use for this case.
Buy a folder or something where you can organize and document everything about this case.
Okay, off you go, we'll be checking back.
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How You Work with Child Protective Services
There are dozens of things you can and should do to protect your rights, the safety and well-being of children, and ultimately have your children returned home:
Don't fight with the police or agency officials. Cooperate with the investigation. Episodes of anger or physical violence won't help your cause
Let the authorities know immediately if you have a relative who can care for your child. Remember, the authorities will visit the relative, and conduct a background check, to make sure it's safe for your children
Write down everything you can remember about the incident leading up to the removal. Get the names of witnesses, if any. Unfortunately, spouses and relatives sometimes file false reports in effort to gain custody of a child. Protect yourself from false claims
Most of the time, you have the right to visit with your children. Don't miss any visitation time - it's important to your children, and it shows authorities you're a responsible and caring parent
If legal hearings are scheduled, hire a lawyer. If you can't afford one, tell the court and the child protection agency so a lawyer can be appointed for your case
Don't miss any court hearings. Again, this will show you're responsible and caring and want your children with you
You may receive a set of conditions or rules to follow in order to keep their children, such as substance abuse counseling or parenting classes. Follow the rules to the letter
It's certainly not an ideal situation, but remember, removing children from their home is for their safety. Understanding that, and knowing how to protect your rights, can help keep you and your children together.
Working with Child Services to Get Your Child Back - Lawyers.com
