Child Protective Services Process
Protective Custody Hearing
When a CPS worker takes your child into protective custody because they think there is an immediate threat to their safety, a hearing is scheduled to take place within 72 hours. At this hearing, you and your lawyer will counter the accusations of the CPS and hopefully convince the judge to end the action and return your child to you.
Hearing upon Petition
If CPS still believes that intervention is necessary after the protective custody hearing, they will petition for a second hearing. This hearing is intended to establish whether or not you admit to the charges of abuse or neglect. You may either admit to the charges, decline to contest them, or deny them and push the process to a contested hearing.
A contested hearing is like a trial. The CPS worker provides evidence supporting the state’s case, and you may do the same in support of your own case. Weiner Law Firm has the resources necessary to quickly build an effective opposition, pulling together witnesses to vouch for your character and scrutinizing the state’s case to identify mistakes.
The judge normally makes a final decision about custody, or “disposition,” at the contested hearing if the process has proceeded that far. The disposition could be restoration of custody to you; permanent loss of custody; or one of a number of possibilities in between.
Review and Permanency Hearings
After six months and a year, there are hearings to determine whether the court-mandated actions have accomplished their intended purposes. The permanency hearing, held a year after the disposition, is the last step in the CPS process and closes the case. If you have satisfied the court’s requirements, you will most likely regain custody of your child, but if the court decides to deny custody, that decision is final.
As you can see, the process is a complex and confusing one. Working with a great lawyer is your best chance of cutting the process short and ending CPS involvement in your home.
Call 702-202-0500 to learn more about the CPS process.