Detention Hearing in San Bernardino CPS

Comprehension Guide to Detention Hearings

In San Bernardino County Child Protective Services (CPS) cases, the Detention Hearing in San Bernardino CPS is a critical early stage in the legal process. This hearing determines whether a child should remain in the custody of their parents or be removed from the home. For parents facing CPS intervention, understanding the legal requirements and how to fight for the child’s release is crucial.

Here’s a breakdown of what happens during this hearing, what the judge must determine, and how Shaw 3 Law Firm can help protect your rights and fight for your child’s release.

What Happens at an Initial/Detention Hearing?

The initial/detention hearing typically occurs within 72 hours of a child being removed from their home by CPS or law enforcement. The purpose of the hearing is to review whether there is enough evidence to justify the child’s removal from the parents’ care and whether the child should remain in foster care while the case proceeds.

Key Legal Requirements:

1. Timeliness: Under California law, the court must hold the detention hearing within 72 hours of the child’s removal. This ensures that decisions about a child’s custody are made quickly, allowing the family to address issues as promptly as possible.
2. Due Process: The parents must be notified of the hearing and have an opportunity to attend and contest the removal.
3. Reasonable Efforts: CPS is required to show that they made “reasonable efforts” to prevent removal. This means the social worker must demonstrate that alternatives (such as providing services, placing the child with relatives, or offering family counseling) were considered before removing the child from the home.
4. Immediate Safety: The court must consider whether the child is in immediate danger or is at risk of serious harm if returned home. This is typically based on CPS reports, witness testimony, and the child’s situation.

What Does the Judge Need to Determine?

At the Detention Hearing in San Bernardino CPS , the judge must make several key determinations:

1. Whether the child should remain in protective custody: The judge evaluates whether the child is at risk of harm or neglect if placed back in the home or if further investigation is needed.
2. Reasonable efforts by CPS: The judge assesses whether CPS has made reasonable efforts to avoid removing the child from their home. This could include:
   • Offering support services to the family
   • Attempting to place the child with relatives
   • Ensuring safety plans are in place to protect the child at home
3. Evidence of harm or risk: The judge will consider whether there is evidence of abuse, neglect, or failure to provide for the child’s basic needs that justifies removal.

The Issue of Reasonable Efforts to Prevent Removal

One of the critical points in any detention hearing is whether CPS has made “reasonable efforts” to prevent the child’s removal from the home. If CPS has not made reasonable efforts, the judge may order the child to be returned to the parents’ care.

Reasonable efforts may include:

• In-home support services
• Family preservation services
• Offering the family assistance with mental health, substance abuse treatment, or housing support
• Reunification services designed to address the issues that led to CPS intervention

In cases where CPS has failed to make such efforts or has not shown that they tried less intrusive measures, parents may have grounds to contest the removal and request the child’s return.

How Shaw 3 Law Firm Fights for Your Child’s Release

If you’re a parent facing a CPS case in San Bernardino County, Shaw 3 Law Firm is committed to protecting your family’s rights. Our experienced legal team will work tirelessly to ensure that the social worker has made reasonable efforts to prevent removal, and if not, we will fight for your child’s return.

How We Contest the Detention Hearing:

1. Investigating CPS’s Efforts: We will thoroughly review whether CPS made reasonable efforts to prevent removal, as required by law. If CPS failed to offer services or alternatives before taking your child, we will raise that issue in court.
2. Providing Evidence of Stability: If the child’s safety and well-being can be assured at home, we will present evidence to show that the child is not at risk and should not be removed. This might include testimony from family members, doctors, or other professionals involved with the family.
3. Exploring Alternatives to Foster Care: We will work to show that the child can be safely placed with relatives, such as grandparents or other family members, instead of entering foster care.
4. Fighting for Reunification Services: If removal was necessary, we will ensure that the family receives the necessary services to reunite as quickly as possible. We will advocate for reunification plans that focus on addressing the underlying issues (e.g., addiction, housing, domestic violence) and helping the family resolve these problems.
5. Protecting Parental Rights: We will make sure that the parents’ rights are respected throughout the process, ensuring they have proper notice and representation, and the opportunity to contest the allegations made by CPS.

Why Choose Shaw 3 Law Firm for CPS Cases?

• Experienced in CPS Law: Our attorneys specialize in child welfare and CPS cases in San Bernardino County and are highly familiar with the legal procedures surrounding detention hearings and child custody.
• Aggressive Representation: We are committed to fighting for your child’s release from foster care and making sure CPS follows the law when it comes to making reasonable efforts to prevent removal.
• Personalized Approach: Every case is unique. We take the time to understand your family’s situation and work with you to develop the best strategy for achieving a favorable outcome.

If you are facing a CPS case in San Bernardino County and need an attorney to fight for your child’s release, contact Shaw 3 Law Firm for a consultation today. We are here to help protect your family and advocate for your rights. Click here to review some of our success stories.