During these cases, a Detention Hearing is held to determine whether the child should be detained or released to the custody of a relative or foster parent.
In this article, we will discuss the detention hearing process in Orange County, California, and provide valuable information to help you navigate these proceedings.
What is a Detention Hearing?
A Detention Hearing is a court proceeding held shortly after social workers have removed a child from their home by a child protective services agency.
The purpose of the detention hearing is to determine whether the child should be detained in a juvenile detention center or released to the custody of a relative or foster parent.
During the hearing, the judge will consider various factors, including the child’s safety and well-being, the risk of flight, and the risk of harm to others.
When Does a Detention Hearing Occur?
In Orange County, a detention hearing must occur within two business days of a child’s removal from their home.
If the child is removed on a Friday or Saturday, the hearing must occur on the following Monday or Tuesday. The hearing may be postponed for up to three additional business days if the court finds good cause.
Who Attends the Detention Hearing?
Several parties may attend the detention hearing, including the child’s parents or legal guardians, the child’s attorney, the attorney representing the child protective services agency, and any other relevant parties such as relatives or foster parents.
The child may also attend the hearing if they are age 12 or older and their presence is not detrimental to their safety or well-being.
What Happens at the Detention Hearing?
During the detention hearing, the judge will review the child’s case and hear arguments from both sides.
The child’s attorney may argue that the child should be released to the custody of a relative or foster parent, while the attorney representing the child protective services agency may argue that the child should be detained.
The judge will then make a determination based on the evidence presented and the child’s best interests.
What Happens After the Detention Hearing?
If the child is detained, they will be placed in a juvenile detention center until their next court appearance.
If the child is released to the custody of a relative or foster parent, the court may impose certain conditions, such as mandatory counseling or regular check-ins with a social worker.
WHAT SHOULD YOU IF YOU NEED A CPS LAWYER FOR A CPS CASE IN ORANGE COUNTY, 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 Orange County, California, or Southern California, you need thejuvenile 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.