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When Child Protective Services (CPS) takes your child in California, you have the right to a court hearing within 48 hours (excluding weekends and holidays) under Welfare and Institutions Code Section 313. At that first hearing (called the detention hearing) a judge decides whether your child comes home or stays in protective custody. Parents have a right to hire an attorney, the right to see the petition filed against them, and the right to challenge the allegations. Acting quickly is critical: decisions made in the first 72 hours often shape the entire case.
If a social worker has just removed your child from your home, you are likely in the worst hours of your life. You may be confused about what you were accused of, unsure who to call, and terrified about whether you will see your child again. This guide exists to give you clarity (step by step, in plain language) about what the California juvenile dependency system does next, what your rights are, and how to protect your family.
The information below reflects the actual procedural framework under California law, including the Welfare and Institutions Code (WIC) sections that govern every stage of a dependency case.
A child may be removed from the home in two ways under California law. The first is a warrantless protective custody under WIC Section 305, which allows a social worker or law enforcement officer to take a child without a court order if there is reasonable cause to believe the child is in immediate danger. The second is a court-ordered removal under WIC Section 340, where the court has already signed a protective custody warrant.
So what happens when CPS takes your child in California? In either case, the agency — typically called Children and Family Services (CFS), the Department of Children and Family Services (DCFS), or the Social Services Agency (SSA), depending on the county — is required to take several immediate steps:
Critical deadline: Under WIC Section 313, if the agency does not file a petition within 48 hours, your child must be released back to you. This is one of the reasons retaining a dependency attorney immediately is so important — an attorney can monitor whether the agency is meeting its deadlines.
The detention hearing is the first court appearance in your case. It happens fast — usually within one to two business days of the removal — and the decisions made here shape everything that follows.
At the detention hearing, the juvenile court judge must decide three things:
You have several important rights at this hearing:
If CPS has removed your child and the detention hearing is approaching, the decisions made in the next 48 hours can shape the entire case. Our firm has handled more than 2,000 juvenile dependency matters. Call (866) 811-4255.
The jurisdiction hearing is the trial of the allegations. At this hearing, the court decides whether the allegations in the petition are true by a preponderance of the evidence — the same standard used in most civil cases, meaning “more likely than not.”
This is the first real opportunity to fight the allegations on the merits. At the jurisdiction hearing, your attorney can:
If the court sustains the petition (finds the allegations true), the case moves to disposition. If the court does not sustain the petition, the case is dismissed and the child is returned home.
If the court has taken jurisdiction, the disposition hearing determines what happens next. At this stage, the court decides:
Under California law, parents are generally entitled to 6 to 18 months of reunification services, depending on the age of the child and the circumstances. This is governed by WIC Section 361.5. During this period, the court holds review hearings (typically every 6 months) to monitor progress.
Every six months, the court holds a status review hearing to assess progress. At these hearings, the court decides whether the child should be returned home, whether reunification services should continue, or whether the case should move toward permanency planning (such as long-term guardianship, adoption, or another permanent arrangement).
Parents who actively engage with their case plan, maintain consistent visitation, and work with their attorney have significantly better outcomes at these review hearings. Consistency matters — missed visits, missed court dates, and failed drug tests often become the reason cases move toward termination of parental rights.
Under California law, every parent in a dependency proceeding has these rights:
If your child has just been taken, the most important actions you can take in the first 72 hours are:
When our firm is retained during the investigation phase, approximately 90% of cases close before a petition is ever filed. Call (866) 811-4255 — available 24/7.
Yes. Under Welfare and Institutions Code Section 305, a social worker or law enforcement officer can take a child into protective custody without a warrant if they have reasonable cause to believe the child is in immediate danger. However, the agency must then file a petition within 48 hours (excluding weekends and holidays) or release the child back to the parents.
Under WIC Section 313, a detention hearing must be held within 48 court hours — excluding weekends and court holidays — of the removal. In practice, this usually means one to two business days.
Yes. Every parent in a California dependency proceeding has the right to counsel. This right attaches at the detention hearing under WIC Section 317. You also have the right to retain a private dependency attorney BEFORE the detention hearing.
California Welfare and Institutions Code Section 300 is the statute that defines the grounds on which a child may be declared a dependent of the juvenile court. It lists 10 specific categories, including serious physical harm, failure to protect, sexual abuse, severe emotional damage, and no provision for support.
Yes, and California law prefers this. Under WIC Section 361.3, when a child is removed, the court must give preferential consideration to placement with a qualified relative. Providing the names and contact information of available relatives at or before the detention hearing can significantly shorten the time your child spends in non-relative foster care.
Missing a hearing is one of the most damaging things a parent can do in a dependency case. The court may proceed without you, make decisions you have no input on, and the missed hearing becomes evidence that the parent is not engaged in the case. If you cannot attend for a legitimate reason, contact your attorney immediately.
Most California dependency cases resolve within 12 to 24 months, depending on the age of the child and whether the parent engages with reunification services. Under WIC Section 361.5, parents of children under 3 generally receive 6 months of services; parents of older children generally receive 12 months, extendable to 18 with good progress.
In almost all cases, yes. Visitation is a fundamental right of parents during a dependency case, and the court sets visitation at the detention hearing. Visitation may be supervised or unsupervised depending on the circumstances, but courts strongly prefer to maintain the parent-child relationship throughout the case.
CPS (or DCFS, CFS, or SSA depending on the county) is the government agency that investigates child welfare concerns and may remove children. Juvenile dependency court is the court that oversees the case once a petition is filed. CPS investigates; the court decides. A dependency case formally begins when CPS files a petition under WIC 300.
You have a right to have a lawyer present with you! Do not make admissions, speculate about what happened, or argue with the social worker. Anything you say — even innocent explanations — may be included in the petition and used against you in court. Politely decline to discuss the allegations and request that all further communication go through your attorney.
So what happens when CPS takes your child in California? A California dependency case is one of the most emotionally devastating experiences a parent can face, but it is not hopeless. The system has deadlines, procedures, and rights that protect parents at every stage — if those rights are exercised. Parents who act quickly, retain experienced counsel, engage with their case plan, and maintain consistent visitation dramatically improve their chances of reunification.
If you are in the first hours or days of a CPS case, the single most important step you can take is to retain counsel before the detention hearing. The decisions made in the first 48 hours shape the next 18 months.
Mo Abuershaid has handled more than 2,000 juvenile dependency matters. Former Orange County Public Defender. Certified Juvenile Dependency Practitioner. Call (866) 811-4255.
This article what happens when CPS takes your child in California is for informational purposes only and does not constitute legal advice. Every case is different, and outcomes depend on the specific facts and circumstances. Reading this article does not create an attorney-client relationship. If you are facing a CPS investigation or dependency petition in California, consult a licensed California dependency attorney about your specific situation. Statutory references are current as of publication but may change; always verify current law with counsel.
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Mohammad Abuershaid, professionally known as Mo Abuershaid, is the founding partner of ALL Trial Lawyers and one of California’s most trusted authorities in dependency law, juvenile dependency cases, CPS defense, and high stakes CPS cases.