Detention Hearing in Orange County CPS

Guide to Detention Hearings in Orange County CPS Cases

If you’re facing a CPS case in Orange County, the detention hearing is a crucial step in the legal process. This hearing decides whether your child stays in your custody or is removed to foster care. Understanding the legal requirements and how to fight for your child’s release is essential. Shaw 3 Law Firm is here to help you navigate the process and protect your rights.

What Happens at the Detention Hearing?

The detention hearing typically takes place within 72 hours of CPS removing the child from their home. The court reviews whether there is enough evidence to justify the removal and whether the child should remain in foster care while the case moves forward.

Key Legal Requirements:

1. Timeliness: California law requires the detention hearing to be held within 72 hours of removal. This ensures timely decisions about your child’s custody.
2. Due Process: Parents must be notified of the hearing, attend, and have the chance to contest the removal.
3. Reasonable Efforts: CPS must show they made reasonable efforts to prevent the removal, such as offering services or placing the child with relatives before taking them from the home.
4. Immediate Safety: The court must determine if the child is in immediate danger if returned home. This is based on CPS reports and other evidence.

What Does the Judge Decide?

At the detention hearing, the judge must make key decisions:

1. Child’s Custody: Should the child remain in protective custody, or can they safely return home?
2. Reasonable Efforts: Has CPS made reasonable efforts to keep the child at home? This includes offering services, placing the child with relatives, or ensuring safety plans are in place.
3. Evidence of Harm or Risk: Does the evidence show abuse, neglect, or failure to meet the child’s basic needs, justifying the removal?

Reasonable Efforts to Prevent Removal

A key issue in the detention hearing is whether CPS made “reasonable efforts” to prevent removal. If CPS didn’t make reasonable efforts, the judge may order the child’s return.

Reasonable efforts might include:

• In-home support services
• Family counseling or therapy
• Placing the child with relatives
• Providing assistance with mental health, substance abuse, or housing issues

If CPS failed to try these measures, you may have grounds to contest the removal and ask for the child’s return.

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

Shaw 3 Law Firm is dedicated to protecting your family’s rights. Our legal team will ensure CPS has made reasonable efforts to prevent removal. If they haven’t, we will fight for your child’s return.

How We Contest the Detention Hearing:

1. Investigating CPS’s Efforts: We will carefully review whether CPS made reasonable efforts to prevent removal. If they failed to offer services or alternatives, we will challenge that in court.
2. Providing Evidence of Stability: If the child’s safety can be assured at home, we will present evidence showing they are not at risk. This may include testimony from family, doctors, or other professionals.
3. Exploring Alternatives to Foster Care: We will show that the child can be safely placed with relatives instead of foster care, such as grandparents or other family members.
4. Fighting for Reunification Services: If removal was necessary, we will ensure the family receives the support needed to reunite. This includes services to address issues like substance abuse, housing, or domestic violence.
5. Protecting Parental Rights: We will protect your parental rights throughout the process, ensuring you receive proper notice, representation, and the opportunity to contest CPS’s allegations.

Why Choose Shaw 3 Law Firm for CPS Cases?

• Experienced in CPS Law: Our attorneys specialize in CPS cases in Orange County. We know the legal procedures surrounding detention hearings and child custody.
• Aggressive Representation: We fight for your child’s return and make sure CPS follows the law when it comes to reasonable efforts to prevent removal.
• Personalized Approach: Every family is unique. We take the time to understand your situation and create the best strategy for a favorable outcome.

If you’re facing a CPS case in Orange County, Shaw 3 Law Firm is here to fight for your child’s release. Contact us today for a consultation. Let us protect your family and advocate for your rights.