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Detention Hearings In California Juvenile Dependency Cases – 2024

January 26, 2024

Detention Hearing In California Juvenile Dependency Cases

Detention Hearings In California Juvenile Dependency Cases

In California, the welfare and safety of children are of utmost importance. 

When social workers remove a child from their home due to allegations of child abuse or child neglect, they are placed into the juvenile dependency system.

As part of this system, a detention hearing may be held to determine whether the child should be detained in custody or released to a parent or guardian. 

In this article, we will explore detention hearings in California juvenile dependency cases, including what detention hearings are, how they work, and why they are essential.

What is a Detention Hearing?

A detention hearing is a court hearing that occurs shortly after a child is removed by social workers from their home and placed into foster care. 

The hearing aims to determine whether the child should be detained in foster care or released to a parent or guardian pending further court proceedings. 

During the hearing, a judge will review the evidence against the parent or guardian and decide based on several factors, including the child’s safety, the parent’s or guardian’s ability to care for the child, and the likelihood of the child appearing in court.

How Do Detention Hearings Work?

The process of a detention hearing typically begins with the filing of a petition by the child welfare agency.

This petition outlines the allegations against the parent or guardian and requests that the child be detained in foster care pending further court proceedings. 

Once the petition is filed with the court, the court will schedule a detention hearing, which usually takes place within a few days of the child’s removal from the home.

At the detention hearing, the parent or guardian and their attorney will have the opportunity to present evidence and argue for the child’s release to their care. The child welfare agency will also present evidence and argue for the child to remain in foster care. 

After hearing all the evidence and arguments, the judge will decide whether the child should be released or remain in foster care.

Why are Detention Hearings Important?

Detention hearings are essential for several reasons:

  1. They provide a safeguard against unjustified and prolonged removal of children from their homes.
  2. They allow children to be released from foster care and return to their families while awaiting further court proceedings.
  3. They ensure that children are not subjected to unnecessary trauma and deprivation while in foster care.

WHAT SHOULD YOU IF YOU NEED A CPS LAWYER FOR A DETENTION HEARING IN CALIFORNIA?

If you have been accused of abuse or neglect, it is crucial to get a CPS lawyer as soon as possible.

You deserve to have a CPS lawyer who will help you fight to get your children back. If you are dealing with a juvenile dependency case, child-welfare services case, or CPS case in California,  you need the juvenile dependency attorneys at ALL Trial Lawyers by your side.

Don’t risk calling the wrong lawyer. If CPS is investigating you, you do not have to deal with them alone. 

We know how the juvenile court process in California works. We have handled hundreds of juvenile dependency cases in Orange CountySan Diego CountyLos Angeles CountySan Bernardino County, and Riverside County.

Whether you are in New Port BeachIrvineFullertonLaguna HillsMission ViejoGarden GroveAnaheim, or any city in California, we are here to help.

We have an office located near you, and we’re ready to start working on your case.

Call us now to speak to a CPS lawyer and for your free consultation. Call (866) 811-4255.

Dealing with a CPS case can be scary. You don’t have to face a CPS case alone.

California Detention Hearing Lawyers

Detention hearings are an essential aspect of the juvenile dependency system in California.

They provide a critical safeguard against unjustified and prolonged removal of children from their homes, and they allow children to be released from foster care and return to their families while awaiting further court proceedings.

If you are facing a detention hearing in a juvenile dependency case, it is essential to understand your rights and to seek the advice of an experienced attorney.

Contact Us Today

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