Disposition Hearing in San Bernardino CPS

What is a Disposition Hearing in San Bernardino CPS Case in California?

A Disposition Hearing in San Bernardino CPS in a California Child Protective Services (CPS) case is a critical part of the dependency court process that occurs after the Jurisdiction Hearing. The Disposition Hearing determines the most appropriate plan for the child’s care and whether the child will remain in the custody of their parents or be placed in foster care, with relatives, or in another form of care. This hearing also outlines the services and steps parents must take to work toward reunification with their child.

Relationship Between the Jurisdiction Hearing and the Disposition Hearing

1. Jurisdiction Hearing:
   • The Jurisdiction Hearing is the first step in a CPS case.
   • The court determines whether there is sufficient evidence that the child is at risk or has been harmed due to abuse or neglect under the provisions of California Welfare and Institutions Code (WIC) §300.
   • If the court finds that the child is a dependent of the court, the case moves to the Disposition Hearing.
2. Disposition Hearing:
   • The Disposition Hearing in San Bernardino CPS takes place after the Jurisdiction Hearing.
   • At this point, the court determines what should happen to the child. If the child has been removed from the home, the court decides whether the child should be returned to the parent or if other arrangements need to be made.
   • The focus of the Disposition Hearing is on what the best interests of the child are and what steps the parent(s) must take to demonstrate they can provide a safe environment for their child.

What Happens at a Disposition Hearing?

At the Disposition Hearing, the judge will make decisions regarding:

• Child Placement: Whether the child should be returned home, placed in foster care, or placed with a relative or other caregiver.
• Family Services: Whether the parent(s) need to engage in rehabilitative services, such as substance abuse treatment, parenting classes, or therapy. The court will order services to help the parent address the issues that led to the dependency.
• Case Plan: A reunification case plan is typically created, outlining specific steps parents must take to demonstrate they are capable of caring for their child.
• Visitation: The judge will determine whether the parent is allowed to have visitation with their child and under what conditions.

Legal Burden and Standard of Proof

In the Disposition Hearing, the focus is not on proving whether abuse or neglect occurred (that was established at the Jurisdiction Hearing), but rather on determining the appropriate plan for the child moving forward.

• Burden of Proof: The burden of proof at the Disposition Hearing is generally on CPS to show that the child’s removal from the parent’s custody was necessary for the child’s safety and well-being and/or clear and convincing evidence. The parent may also need to demonstrate that they are taking the necessary steps to address the issues that led to the dependency.
• Preponderance of the Evidence: As with the Jurisdiction Hearing, the court will make decisions based on the preponderance of the evidence (i.e., more likely than not). However, at this stage, the focus is on making determinations regarding the child’s future placement and safety, not on whether abuse or neglect occurred.

Common Outcomes of a Disposition Hearing

1. Child Remains with Parent(s): If the judge finds that the parent has made enough progress or that the risk to the child has been sufficiently mitigated, the child may be allowed to remain at home with the parent(s) under certain conditions, such as continued supervision by CPS or other protective measures.
2. Child is Removed from the Home: If the judge determines that the child’s safety is at risk, the child may be placed in foster care, with relatives, or in another appropriate placement while the parents work on the case plan outlined by the court.
3. Reunification Services Ordered: In most cases, the court will order reunification services designed to help the parent address the problems that led to the child’s removal. These services may include:
   • Substance abuse counseling
   • Parenting classes
   • Domestic violence counseling
   • Mental health counseling

How Shaw 3 Law Firm Can Help

If you are involved in a CPS case in California and are facing a Disposition Hearing, having an experienced lawyer can make all the difference. Shaw 3 Law Firm is committed to protecting your parental rights and ensuring the best possible outcome for your family. Here’s how we can assist:

1. Challenging CPS’s Evidence: We will thoroughly review the evidence presented by CPS at both the Jurisdiction Hearing and the Disposition Hearing to identify any weaknesses in their case or inaccuracies in the evidence.
2. Defending Your Parental Rights: We will represent your interests and challenge any actions by CPS that may be overly punitive or unjust. If you believe your child should not have been removed from the home, we will fight to have them returned to your care.
3. Helping You Meet Case Plan Requirements: If the court orders services for reunification, we will work with you to make sure you understand the requirements and help you complete them in a timely manner. We’ll help you develop a strong case for reunification with your child.
4. Visitation Rights: If your child has been removed from your home, we will advocate for your right to visitation and ensure that the visitation terms are reasonable and in the best interest of your child.
5. Courtroom Representation: At the Disposition Hearing, we will provide effective courtroom representation, ensuring that your voice is heard and that you are given every opportunity to demonstrate your ability to provide a safe, loving environment for your child.
6. Guidance Through the Process: We will guide you through each step of the process, from the Jurisdiction Hearing through the Disposition Hearing and beyond. Our goal is to help you navigate the complexities of CPS cases and work toward reunification with your child.

Contact Shaw 3 Law Firm Today

If you’re facing a Disposition Hearing in your CPS case, contact Shaw 3 Law Firm for expert legal advice and representation. We understand how stressful and overwhelming these proceedings can be. Our experienced team is here to support you and help ensure the best possible outcome for your family.

Shaw 3 Law Firm also handles cases in Riverside County, Los Angeles County and Orange County. Our attorneys are here to provide the legal guidance you need to protect your family.