Juvenile Dependency Process in San Bernardino County, California: Key Steps and How Shaw 3 Law Firm Can Help
In California, the San Bernardino juvenile dependency process is designed to protect children from abuse, neglect, or exploitation. It involves several key hearings and decisions that can significantly impact a family’s future. If you are facing a San Bernardino juvenile dependency case, our San Bernardino CPS Lawyers are here to provide the legal support and guidance you need to defend your parental rights and work toward reunification with your child. Below is an easy-to-follow breakdown of the San Bernardino juvenile dependency process, along with how Shaw 3 Law Firm can assist you every step of the way.
1. Initial Investigation and Removal
What Happens:
Child Protective Services (CPS) investigates reports of suspected abuse or neglect.
If there is immediate danger, CPS may remove the child from the home.
A dependency petition is filed in San Bernardino County juvenile court to formally initiate the case.
How Shaw 3 Law Firm Can Help:
Shaw 3 Law Firm and their San Bernardino CPS Lawyers can help you understand the investigation process and ensure that your rights are protected. We can assist in challenging the removal if there are grounds to do so and work to have your child returned home as quickly as possible.
2. Detention Hearing
When: Typically within 48 hours of the child’s removal. Purpose: The court will decide whether the child should remain in temporary foster care or be returned to the parents’ custody while the case continues.
What to Expect:
CPS will present evidence justifying the child’s removal.
Parents can dispute the removal and request that the child be returned.
The court may decide that the child stays in foster care or return them home under conditions (e.g., CPS supervision).
How Shaw 3 Law Firm Can Help:
Our San Bernardino CPS Lawyers will vigorously defend your case during the detention hearing, helping you contest the removal of your child. If the child remains in foster care, we will fight for conditions that allow for reunification, such as supervised visits or family services.
3. Jurisdictional Hearing
When: Within 15 court days after the detention hearing. Purpose: The court decides whether the child is a dependent of the court by determining if the allegations of abuse or neglect are true.
What to Expect:
CPS files a petition outlining the allegations.
Parents have the option to admit or deny the allegations.
If denied, the case moves to trial, where evidence and witness testimony are presented.
How Shaw 3 Law Firm Can Help:
At the jurisdictional hearing, our San Bernardino CPS Lawyers will assess the allegations and work to challenge them. If appropriate, we can help negotiate a settlement to avoid a trial, or we can defend you in court to ensure the allegations are not substantiated, potentially leading to the return of your child.
4. Disposition Hearing
When: Typically 7 to 10 days after the jurisdictional hearing or at the same time of the jurisdictional hearing (if the child is found to be a dependent). Purpose: The court decides the next steps—whether the child should remain in foster care or be returned home and what services should be provided.
What to Expect:
The Social Worker will present a report with recommendations regarding the child’s placement and the services the parents need.
The judge will decide what services (e.g., parenting classes, drug treatment) are required to work toward reunification.
How Shaw 3 Law Firm Can Help:
Our San Bernardino CPS Lawyers will advocate for the best possible outcome at the disposition hearing. If reunification services are ordered, we will assist in ensuring they are reasonable and that you are given every opportunity to complete your case plan and regain custody of your child.
5. Review Hearings (6-Month, 12-Month, 18-Month)
When: Every 6 months following the disposition hearing. Purpose: The court reviews progress made by the parents in the reunification plan and determines if the child can be safely returned home.
What to Expect:
CPS will submit progress reports.
The judge will review whether reunification services should continue or be modified.
Parents and their attorneys can present their progress and any concerns.
How Shaw 3 Law Firm Can Help:
Shaw 3 Law Firm will help you track and document your progress, ensuring that CPS reports accurately reflect your efforts. If reunification services are at risk of being limited or terminated, we will fight to continue services and keep the focus on reunification with your child.
6. Permanency Planning Hearing (18-Month Hearing)
When: After 18 months if reunification efforts have not been successful. Purpose: The court focuses on finding a permanent solution for the child, such as adoption, guardianship, or long-term foster care.
What to Expect:
If reunification efforts fail, the court may prioritize adoption or move forward with another permanent placement.
If the court determines reunification is not possible, they may terminate parental rights.
How Shaw 3 Law Firm Can Help:
Shaw 3 Law Firm will fight to prevent termination of parental rights and work to demonstrate your ability to reunify with your child. We can also assist in exploring alternatives like guardianship if reunification is no longer an option.
7. Adoption or Guardianship Hearing
When: After the court decides to pursue adoption or guardianship. Purpose: To finalize the child’s permanent placement with adoptive parents or legal guardians.
What to Expect:
The adoption or guardianship petition is filed, and the court reviews the child’s needs.
If adoption is the goal, a pre-adoption home study is conducted.
How Shaw 3 Law Firm Can Help:
Shaw 3 Law Firm can assist in navigating the adoption or guardianship process, ensuring your rights are represented, and fighting for the best possible outcome for your child.
8. Post-Adoption/Post-Guardianship Review
When: After adoption or guardianship is finalized. Purpose: To monitor the child’s adjustment to their new home and ensure they are thriving in their permanent placement.
What to Expect:
Adoptive parents may need to provide updates on the child’s well-being.
Guardians may be required to report to the court periodically.
How Shaw 3 Law Firm Can Help:
While this stage typically involves the child’s new family, Shaw 3 Law Firm can help you understand your ongoing rights and responsibilities.
Key Points to Remember:
Reunification is the primary goal in most juvenile dependency cases, and CPS will work with parents to help them safely regain custody of their children.
If reunification is unsuccessful, the focus will shift to permanency planning, such as adoption or guardianship.
Legal representation is critical throughout the dependency process to ensure that your rights are protected.
Our San Bernardino CPS Lawyers can provide the skilled legal advocacy you need to fight for your family’s future. We will help you navigate the dependency system, advocate for your rights, and support you in your efforts to reunify with your child.
Timeliness is crucial—California law requires permanency decisions to be made within 18 months of a child’s removal.
The juvenile dependency process can be overwhelming, but with the help of Shaw 3 Law Firm, you have an experienced ally who can guide you through every step. Our team is dedicated to defending your parental rights and helping you achieve the best possible outcome in your case. We have helped parents all across California, including but not limited to Riverside County, Los Angeles County and Orange County.
Learn more about our success storiesof other families we have helped facing CPS.
Shaw 3 Law Firm is conveniently located in the heart of Southern California, providing easy access for clients across the region. Our office is situated near major highways and public transportation, making it simple to visit us for your legal needs. We’re here to serve you!
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