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Detention Rehearing (WIC 321)

January 14, 2022

father hugging son after a DETENTION REHEARING (WIC 321)

DETENTION REHEARING (WIC 321)

A Detention Hearing may be held when the parents did not have notice of the dependency hearings and were not there. Once an affidavit is filed with the court asserting lack of notice, the hearing needs to be held in 24 hours (excluding non-court days).

Parents may also request a Detention Hearing under the California Welfare and Institutions Code (WIC) 321 if a rehearing on the prima facie showing is requested. The court can choose to allow this rehearing within three judicial days OR can choose to have a trial within ten days. If a rehearing is permitted and a witness is unavailable, the rehearing can be continued for an additional five judicial days. The decision to utilize this provision is not without risks that may affect the future projection of the case, so parents should carefully consider this strategy only after discussing it with their attorney.

If Child Protective Services (CPS) feels that their case is strong enough, they may submit the matter on the reports again. In addition, some courts may require the social worker to come in and testify and be subject to cross-examination.

If you are dealing with a Juvenile Dependency or CPS case, you need the juvenile dependency attorneys at ALL Trial Lawyers by your side. Call now for your free consultation. Call us at (866) 811-4255.

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