Detention Hearing in Los Angeles DCFS

Detention Hearing in Los Angeles DCFS Cases: Your Guide to Protecting Your Rights

If you are facing a Los Angeles DCFS (Department of Children and Family Services) case, the detention hearing is a critical moment. This hearing decides whether your child stays in your custody or is removed to foster care. Understanding the legal process and how to fight for your child’s return is essential. Shaw 3 Law Firm is here to help you navigate this process and protect your family.

What Happens at the Detention Hearing?

The detention hearing usually occurs within 72 hours of the child being removed from their home by DCFS or law enforcement. The hearing’s goal is to determine if there’s enough evidence to justify keeping the child in foster care or if they can return home.

Key Legal Requirements:

1. Timeliness: California law requires the hearing within 72 hours of removal to ensure timely decisions on the child’s custody.
2. Due Process: Parents must be notified of the hearing and have the right to attend and challenge the removal.
3. Reasonable Efforts: DCFS must show that they made reasonable efforts to prevent removal, like offering services or placing the child with relatives.
4. Immediate Safety: The court will evaluate whether the child is at immediate risk of harm if returned to the home.

What Does the Judge Need to Decide?

At the Detention Hearing, the judge must determine:

1. Child’s Safety: Should the child remain in protective custody, or is the home safe?
2. Reasonable Efforts by DCFS: Has DCFS tried to prevent removal by offering services or placing the child with family members?
3. Evidence of Risk or Harm: Is there proof of abuse, neglect, or a failure to meet the child’s basic needs that justifies removal?

Reasonable Efforts to Prevent Removal

A key issue in many detention hearings is whether DCFS has made “reasonable efforts” to keep the child at home. If DCFS has not made these efforts, the judge may order the child’s return to the parents’ care.

Reasonable efforts might include:

• Offering in-home support services
• Providing family counseling or therapy
• Placing the child with a relative
• Giving the family assistance for mental health, housing, or substance abuse issues

If DCFS has failed to show reasonable efforts, parents may have grounds to contest the removal and ask the court to return the child.

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

Shaw 3 Law Firm is dedicated to defending parents’ rights and fighting for the release of your child from foster care. Our experienced attorneys will ensure that DCFS has made the required reasonable efforts and will take aggressive action if they haven’t.

How We Contest the Detention Hearing:

1. Investigating DCFS’s Efforts: We will thoroughly review whether DCFS made reasonable efforts to avoid removal. If they failed to do so, we will raise this issue in court.
2. Providing Evidence of Stability: If the child’s safety can be assured at home, we will present evidence to show that the child is not at risk. This may include testimony from family members or professionals.
3. Exploring Relatives for Placement: We will show that the child can be placed safely with relatives (e.g., grandparents or other family members) instead of foster care.
4. Fighting for Reunification Services: If removal was necessary, we will work to ensure that you get the support you need to reunite with your child quickly. This could include services to address substance abuse, housing, or mental health.
5. Protecting Parental Rights: We will ensure that your parental rights are respected, including your right to contest DCFS’s allegations and attend the hearing with proper legal representation.

Why Choose Shaw 3 Law Firm for DCFS Cases?

• Experienced DCFS Lawyers: Our attorneys are highly skilled in handling DCFS cases in Los Angeles County. We know how to navigate the legal complexities of detention hearings and child custody matters.
• Aggressive Advocacy: We fight hard for your child’s return and for ensuring DCFS meets its legal obligations. If DCFS hasn’t made reasonable efforts to prevent removal, we’ll challenge their actions.
• Personalized Representation: We understand that every case is different. We take the time to fully understand your situation and work with you to develop the best possible strategy.
• Successful Track Record: We have a history of success in protecting families and ensuring children’s rights are respected in CPS cases.

If you are facing a DCFS case in Los Angeles, Shaw 3 Law Firm is here to fight for your child’s release. Contact us today for a consultation and let us protect your family’s future.