Parents and the Court
Listed below is a selection of frequently asked questions about the dependency court process and brief, informative explanations
-
When DCFS receives a complaint in a referral, a social worker is obligated under the law to make a “wellness check” on the children to make sure they are not in immediate danger. A wellness check requires that a person physically see and speak to the child(ren) to ensure the child(ren) is(/are) safe. When trying to speak with you, a social worker may call you ahead of time to schedule a time to talk or can show up at your home unannounced.
Refusing the social worker access to your home or your child(ren) will not make the investigation go away.
No parent should have to face a DCFS investigation alone. If you want help with your DCFS investigation, call our HOPELINE at 323-790-LADL (5235).
DCFS will then attempt to investigate the referral to determine if there is a risk to the child(ren).
-
In general, you can take the following actions. Because every family is different, you should carefully weigh your decision to take any action from this list. Cooperation with the social worker is generally beneficial the investigation. On the other hand, outright refusing the social worker access to your home or children will not help and will likely be used against you in court.
What Can I Do and Not Do?
• Can call our HOPELINE at 323-790-LADL (5235)
• Can ask to see the social worker’s ID card and write down their information
• Can ask to audio-tape the interaction with the social worker’s permission, but if the social worker refuses, you are not allowed to audio-tape
• Can ask for specific details of the accusation, rather than “neglect/abuse”
• Can have someone with you for support or as a witness during your interaction
• Can ask for another adult to be present while your child(ren) is being interviewed
o Request an adult that the child(ren) know(s) be present during a physical examination
o Take your child(ren) to your pediatrician to conduct an exam and have the doctor submit the report to DCFS
• Can request your child(ren)’s school not allow your child(ren) to be interviewed without your consent or without another adult your child(ren) know(s) present
• Can provide family member contact information for placement if the social worker tells you they are detaining your child(ren)
• Can refuse to sign paperwork from the social worker; The four most common documents are the “release of medical information”, “release of educational information”, “preferred language form”, and “Indian Ancestry Questionnaire”
o Can ask to go over paperwork with your lawyer once you have one
o Can ask for copies of all paperwork that you sign
• Can ask for an interpreter if English is not your primary language
• Can speak with the social worker outside of your home without allowing them in
• Can refuse to answer questions about your past or childhood
• Can refuse to drug test if the allegations are hypothetically for domestic violence, unless there is previous history of substance abuse for you, there is paraphernalia visible or you look impaired
• Can offer to bring your child(ren) to DCFS office to be interviewed rather than in your home
• Cannot refuse to let DCFS into home or take custody of your child(ren) if the social worker shows you a signed warrant for your child(ren)’s removal
What Can the Social Worker Do and Not Do?
• Can refuse to allow audio-recording of the interview with you
• Can report to the court that you refused to cooperate
• Can interview your child(ren) without your knowledge at their school
• Can refuse to allow audio-recording of the interview with your child(ren)
• Can refuse to tell you who filed the original complaint against you
• Can refuse to tell you where your child(ren) is placed if they are detained from you
• Can ask if you have Native American Indian heritage
• Can speak to your neighbors or extended family even if you ask them not to
• Can encourage you to enroll in a 6 month voluntary case plan of services, where you will not have a judge or lawyer to advocate for you
• Cannot lie or intimidate you to gain access to your home
• Cannot refuse to obtain an interpreter in your primary language
The above is not a complete list of all the rights of parents and social workers – the above does not constitute legal advice, and does not form a lawyer-client relationship.
On most occasions the social worker will attempt to discuss your case with you before a petition is filed in court. The social worker is tasked with investigating the referral and deciding among several possible approaches to resolving the issues or concerns that have been raised. You do not have a right to a court-appointed lawyer at this stage, but you can hire a private lawyer.
In an attempt to cooperate with the social worker you may elect to discuss matters with the social worker, but you should be aware that anything you say may be used against your interests if the matter ever goes to court.
You do not have to discuss any aspect of the referral with the social worker, if you do not want to. Some social workers will tell you that you must discuss the referral with them and some may even tell you that unless you discuss the allegations with them they will remove your child(ren) from your custody. The social worker may decide to request a judge’s permission to remove your child(ren) from you and file a petition with the court if you do not cooperate with the social worker. With that in mind, if you decide not to speak to a social worker, you should tell the social worker of your decision in a respectful manner.
The social worker investigating your referral may offer you Voluntary Family Maintenance (VFM) services to prevent a court petition from being filed. You do not have a right to lawyer while you are receiving VFM services.
-
Yes. In Los Angeles County, every parent has a right to a lawyer at every stage in your Juvenile Dependency case. When you first appear in court, the court will appoint a LADL lawyer to represent you, unless you have hired a private attorney. Each parent is appointed a lawyer to prevent any conflicts of interest between the parties, and this is done even when parents remain a couple throughout the case.
Your court-appointed LADL lawyer is well-experienced in Juvenile Dependency proceedings. They will guide you through the process. They will represent you at all of your court hearings.
-
Lawyer Contact Prior to the Initial Hearing
If the social worker decides to open a court case, your lawyer will reach out to you to introduce themself and give you their contact information. Generally speaking, your assigned lawyer will attempt to reach out to you as early as possible before the Initial Hearing.
If the social worker is seeking detention of your child(ren), your assigned lawyer will likely not be aware of your case until the evening before it is heard in court, and your first opportunity to speak with your lawyer may not be until the day of the Initial Hearing.
If your child(ren) is/are to remain released to you at the time of your Initial Hearing, your assigned lawyer will have more notice of your upcoming hearing and can reach out to you sooner.
Contacting Your Lawyer After the Initial Hearing
After you meet your lawyer, use their contact information to reach them!
Remember, though, that your lawyer is in court throughout almost every day. So, if they don't answer your call, leave them a message with your name, case number, and a way to contact you, either through phone or email. Your case number can be found in your court documents, and will look like XXCCJPXXXXXA, XXLJJPXXXXXA, XXPSJPXXXXXA. If you can't find the case number, leave your kids’ names and dates of birth so we can find your case. Your lawyer will return your call as soon as they can.
-
It is important that the court has a good impression of you. After all, that is the person making the important decisions regarding your case. Dress appropriately for court, as you would for a job interview. Also, speak respectfully to the judge and others in the court, even if you do not agree with what they are saying.
You are being judged on how you conduct yourself with others, and not just what it says in the petition and the allegations. Others in court are going to say things that you do not want to hear, or they may say things that are not true or that are disrespectful to you. It is very important that you do not react to these words, and that you remain calm and be respectful. Let your lawyer do the speaking for you in court. After court, you can let your lawyer know what it is that you disagreed with, and discuss options to address your concerns moving forward.
-
1. Discuss the Case With Your Lawyer
Time permitting, your lawyer should have contacted you prior to the court date. It is critical that you discuss the case with your lawyer so that proper decisions can be made about how to handle your case. You should bring with you any documents that will assist your lawyer with your case and you should bring with you the names, addresses and telephone numbers of any person you believe is a potential witness.
Your lawyer will have other cases on that day’s calendar so he or she will attempt to spend as much time with you as possible but may not be able to spend as much time as you would like. If that happens, ask that your lawyer contact you at a later time so that all of your questions and concerns can be addressed.
At or before the Arraignment/Initial Hearing, your lawyer will go over with you all the documents that the social worker filed (usually a social worker’s report, a copy of the petition, and any removal warrants that a judge already approved). The social worker should give you a copy of these documents before the hearing. If you have not been given the documents before the Initial Hearing, then request them from your lawyer at the first court hearing.
2. Participate in the Hearing
At the Arraignment/Initial Hearing, the court will decide temporary custody of the child(ren) while the case is being further investigated. If the court detains your child(ren) from you (meaning that you temporarily lose your custody until the next hearing), visitation should be ordered. The visits may require a monitor, and the monitor can be a person you know personally and who can pass a basic background check (see below, “Do I get to visit with my child(ren)?”). Also, the judge may refer you to some programs.
Parents should make every effort to attend hearings in-person. If you have a child six years or older, and you have your child in your custody on the date of the hearing, you may be required to attend the hearing in-person at the courthouse, and you will need to bring your child(ren) with you.
You may be able to participate in the hearing remotely by phone or video app, as this may be helpful if work or other personal obligations make in-person attendance difficult. You should discuss this issue carefully with your lawyer, however, as this is not the preferred way to appear before the court.
3. Follow-up With Your Lawyer
If you were unable to get all of your questions answered before the hearing or immediately after the hearing, make sure to contact your lawyer to ask any questions that you have. You should always know what the outcome of the proceeding was, and how to prepare for the next hearing.
At the Initial Hearing, after making temporary custody and visitation orders, the court will then set a future court date, most likely the Jurisdiction/Disposition Hearing (this is usually a combination of the Jurisdiction Hearing and the Disposition Hearing, which usually occur on the same day). At the Jurisdiction Hearing, the court will determine if the allegations of risk are true.
If the court finds at least one allegation to be true, the court will move to the Disposition Hearing to make further orders regarding custody. Basically, the court will decide whether any case plans need to be ordered for a parent to either maintain the custody they get at the Disposition Hearing, or to regain the custody that they lose at the Disposition Hearing. At this point, the court can also close the case.
-
In most cases, you will be allowed visitation with your child(ren). If the social worker does not assist you in setting up this visitation, or if the social worker fails to make sure that the visitation happens regularly and consistently, let your lawyer know.
When discussing your visits with the social worker, be sure to request all forms of contact with your child(ren). Visitation can include in-person contact, phone calls, or Facetime/video calls.
The judge should have made an order at the Initial Hearing as to where and how often your visits will occur, and whether someone must monitor that visitation. If your visits are monitored, you should provide your social worker with names and contact information for friends or family members that you want the social worker to approve as your monitor. The monitor must usually pass a background check to be approved. Once approved, you will usually be able to coordinate visits directly with the monitor and the caregiver, but be sure to check with the social worker.
If you can directly arrange the visits with the monitor and caregiver, be sure to spend time with your child(ren) as often as possible. It is very important to maintain a strong relationship with your child(ren) throughout this process.
-
One of the most important things you can do in your case is to keep a log in a notebook of all contacts and conversations you have had with persons involved in this case. This includes recording in the notebook some details related to when conversations occurred with the social worker, and what the conversations were about. It might be a good idea to keep a separate notebook as a log for specific issues (visits, program, participation, etc.) or persons (the social worker, the caregiver, a program provider), as needed under the circumstances.
When documenting conversations, it is important to note the date, time, name of the person you spoke with, and some details of the conversation. Also, include in the log any conversations that don’t happen, including when you have to leave a voicemail or a text message.
When documenting visitation efforts, you should include the date, time, location, and monitor name, with some details about what happened during your visits. Also record when visits didn’t happen, and the reason the visits doesn’t happen.
When documenting your services, it might be helpful to have a separate notebook for each program. Your log should include the date and time of your class, name of the instructor, topic, and brief description of what you learned. By writing all of this information down, it will help you retain what you learned and help you demonstrate changed circumstances.
-
After the Jurisdiction Hearing, the court moves on to the disposition portion of the case (“disposition” here means how the court intends to resolve the matter after finding one or more allegations true). During the Disposition Hearing, the court determines if the child(ren) should be named a dependent of the court. If so, the court determines what will happen with the child(ren)’s custody and visits with the parents, and what programs, if any, the parents will need to complete.
The court considers all evidence presented by parties, including the social worker’s report and any evidence or testimony presented by the child(ren)’s or parents’ lawyers. The burden of proof at this hearing is the highest of any in dependency, as the social worker must present clear and convincing evidence that the child(ren) is/are at risk if the child(ren) stays in the parent’s custody. This standard of proof requires more evidence than the Jurisdiction Hearing’s “preponderance of the evidence” standard, but less than the criminal court’s burden of “beyond a reasonable doubt” standard.
The court can either return the child(ren) to the parent’s custody or remove the child(ren) from the parent’s custody and place the child(ren) in another home. If the child(ren) is/are removed from the parent’s custody, the court can either order the parent to receive family reunification services or bypass the parent’s services and set a Permanency Hearing (discussed below.)
If the parent receives reunification services, for a child under the age of three years old, a parent is entitled to a minimum six (6) months of reunification services from the date of the Disposition Hearing, but not more than 12 months from the date the child entered foster care. For a child over the age of three years old, a parent is only guaranteed up to twelve (12) months to complete their court ordered programs. To receive more than 12 months of reunification services, the juvenile court has to find that there is a substantial probability that the child will be returned to the parent by the next court date after 12 months. Status Review Hearings are generally held about every six months during this period.
The court also determines if the child(ren) is/are or can be a registered member of a tribe under the Indian Child Welfare Act. The court may order the social worker to inquire further of the parent or of any remaining relatives and family members if there is any Native American (American Indian) ancestry in the family.
During the Disposition Hearing, the court can do any of the following:
Dismiss the Petition: the court can dismiss the petition and close the case, however this outcome is very rare in dependency proceedings. The parent retains all rights.
Order Informal Supervision: the court can order the child(ren) to remain in the parent’s custody and order the social worker to provide services to the family under informal supervision for 6 to 12 months. If the family completes the programs assigned without further incident, the case is closed. The parent retains all rights.
Order Supervision with Family Maintenance Services: the court can order the child(ren) to remain in the parent’s custody and order the parent to participate in family maintenance services. The court reviews the status of the case at least every 6 months, and if the parent completes the case plan, the court can close the case. Parent retains all rights.
Release the Child to the Non-Custodial Parent: the court can place the child(ren) in the home of the parent who previously did not have custody and close the case. The court can also place the child(ren) with the non-custodial parent and keep the case open, to provide the other parent with either reunification services or enhancement services. The previously non-custodial parent retains all rights, and has physical custody rights; the other parent’s parental and visitation rights are retained, but this parent has no physical custody rights.
Remove the Child from Parental Custody:
• Establish Legal Guardianship and Close the Case: the court can take a waiver of reunification services from a parent in order to place that child(ren) into a legal guardianship following a specialized assessment. The case is closed with the legal guardianship, and the parent’s parental and visitation rights remain intact; custodial rights are with the legal guardian.
• Place the Child with a Family Member or Non-Relative Extended Family Member and Offer Reunification Services: the court can place the child(ren) in the home of a relative and provide the other parent with reunification services. Parental rights and visitation rights retained; custodial rights with the social worker.
• Place the Child in a Home with the Sibling and Offer Reunification Services: if the child(ren) has/have a sibling who has previously been placed out of the parent’s home, the court can place the child(ren) in the sibling’s home and provide the other parent with either reunification services. Parental rights and visitation rights are retained; custodial rights are with the social worker.
• Place the Child in a Foster Home and Offer Reunification Services: if the parent does not provide any family members or non-related extended family members, and there are no sibling homes, the court can place the child(ren) in a foster home and provide the other parent with either reunification services. Parental rights and visitation rights are retained; custodial rights are with the social worker.
Deny Reunification Services and Set the Case for Permanency Planning: if the parent falls under one of 17 provisions in the law, the court can bypass the parent’s reunification services and set a hearing to select a permanent plan for the child(ren) without allowing the parent to reunify with the child(ren); the parent can avoid bypass if the parent can show that reunification services would be in the best interest of the child(ren).
The Bypass Provisions Include the Following Circumstances:
1) The parent’s whereabouts are unknown after the social worker made a diligent search to find them.
2) The parent suffers from a mental disability that prevents the use of reunification services.
3) The child or a sibling was previously found to be a dependent because of physical or sexual abuse, was returned to the parent after a period of removal, and has once again been removed because of additional physical or sexual abuse.
4) The parent caused the death of another child through abuse or neglect.
5) The conduct of the parent resulted in severe physical abuse of the dependent child before the child’s fifth birthday. If the parent did not commit the abuse, then the parent knew or reasonably should have know about the abuse.
6) The child was declared a dependent because of severe physical harm or sexual abuse to the child, a sibling, or half-sibling by a parent and reunification services would not benefit the child.
7) The parent has been denied reunification services for a sibling because of reabuse of the sibling, severe physical abuse of the sibling when less than five years old, or severe physical or sexual abuse of the sibling.
8) The child was conceived as a result of incest or continuous sexual abuse of a child, for denial of reunification services for the perpetrator.
9) The parent willfully abandoned the child, thereby creating a serious danger to the child; or the child was voluntarily surrendered under the safe-haven/safe-surrender statute.
10) The court ordered termination of reunification services for a sibling and the parent has not subsequently made a reasonable effort to treat the problems leading to that sibling’s removal.
11) Parental rights were terminated over a sibling and the parent has not subsequently made a reasonable effort to treat the problems leading to that sibling’s removal.
12) The parent was convicted of a violent felony as defined in Penal Code section 667.5(c).
13) The parent has a history of chronic use of drugs or alcohol and 1) Resisted prior court-ordered treatment in the three preceding years; or 2) Failed or refused to comply with a treatment case plan at least two prior times.
14) The parent waives reunification services.
15) The parent abducted the child or a sibling from placement and refused to disclose the child’s whereabouts or return the child.
16) The parent has been required to register as a sex offender.
17) The parent participated in, or permitted, the sexual exploitation of the child.
-
When your child is removed from your custody and the court orders reunification services, the court will hold hearings called Status Review Hearings to assess your progress in programs and whether the child(ren) is/are safe to return to your custody. These Status Review Hearings occur approximately six months after you are ordered to participate in reunification services, twelve months after the start of services, and eighteen months after the child(ren) was/were first taken out of your care.
During your reunification period, the social worker should be meeting with you at least once a month, providing you with program referrals, drug testing instructions (if drug testing was ordered by the court), and a visitation schedule (if ordered by the court) so that you can see your child(ren). If this is not happening, do not wait the full six months to let your lawyer know! If you have not spoken with your social worker in the last two months, call your lawyer.
You should sign the release of information forms so the social worker can speak with your service providers and verify your progress or completion in programs. You should request written documentation of your enrollment, participation in, and completion of all programs you attend, and email that documentation to your lawyer and the social worker as soon as you get the documents.
Depending on the specific circumstances of your case, you may only have six months to show the court your progress. Talk with your lawyer to understand how this may apply to you and your family. It is critical that you meaningfully participate in your court-ordered services, and frequently participate in visitation with your child(ren) to show the court that you can safely and appropriately parent your child(ren).
If you do not show significant progress, the court may decide to not offer any more services and place your child(ren) onto a track that may include adoption, legal guardianship, or another planned living arrangement. The judge will tell you at the end of each Status Review Hearing when the next Status Review Hearing will be, if the court orders that another one be set on calendar.
The Six-Month Status Review Hearing (the “21(e) Hearing”)
The first Status Review Hearing is typically six months after the dispositional hearing. At this hearing, the court reviews the progress you have made and decides if it is safe for your child(ren) to return home.
If your child(ren) was/were under the age of three years old when the child(ren) was/were taken out of your care, you are only be entitled to six months of services, but it is possible to receive more time. The court will terminate your services at this hearing if you have not made substantial progress or completed the programs.
If your child(ren) was/were over the age of three when they were initially removed from your care, you are typically entitled to twelve months of reunification services, unless, for example, you do not participate in visits with your child(ren).
The Twelve-Month Review Hearing (the “21(f) Hearing”)
The second Status Review Hearing is typically twelve months after the initial removal of the child(ren). If your child(ren) was/were over the age of three years old when the child(ren) was/were taken out of your care, you may be entitled to only twelve months of reunification services.
The court will terminate your services at this hearing if you have not made substantial progress or completed the programs.
The Eighteen-Month Review Hearing (the “22 Hearing”)
The third Status Review Hearing is typically eighteen months after the initial removal of the child(ren) and is typically the last Status Review Hearing held, even for child(ren) over the age of three.
The court will terminate your services at this hearing if you have not made substantial progress or completed the programs and exceptional circumstances do not exist to continue services. Exceptional circumstances include where, after a parent has completed all case plan programs, the parent lacks appropriate housing where the child(ren) can reside under the parent’s custody, and the court finds that housing creates the only barrier to return of the child(ren). Other facts may also show exceptional circumstances, but this is rather rare.
The Twenty-Four Month Review Hearing (the “25 Hearing”)
In rare circumstances, the court can provide the parent with up to two years of reunification services if the parent is making consistent progress in a substance abuse treatment program, the parent was recently discharged from incarceration, institutionalization, or the custody of the Department of Homeland Security, or if the parent was a minor parent or nonminor dependent parent at the initial hearing and is making significant and consistent progress in establishing a safe home for the child(ren)’s return. The court must also extend services to this date if the social worker did not provide you with reasonable reunification services in the previous review period.
In those circumstances, the fourth and final Status Review Hearing must happen within twenty-four months, or two years, after the initial removal of the child(ren). This is your last chance to show the court you have completed your case plan programs and it would be safe for the child(ren) to return to your custody. If you are not able to prove to the court with documents or testimony that you completed and learned from your programs, then the court will terminate your reunification services and set the case on the path to permanency.
What Should Incarcerated Parents Do to Reunify With Their Child(ren)?
Being incarcerated does not prevent you from receiving reunification services, unless the length of our incarceration is longer than the minimum amount of time to reunify, which is usually six or twelve months depending on the age of your child(ren). Being incarcerated also does not necessarily prevent you from making progress with your case plan.
If you are or become incarcerated during the case, please consider the following options:
• You should ask the social worker and your facility staff about services and classes at your place of incarceration. Many incarceration facilities have in-house programs that you can participate in to address the case issues.
• You should ask your social worker to provide you with reading materials about parenting and other relevant topics.
• You should also ask your lawyer to assign a parent partner or social worker from their office to help you find programs to assist you in addressing your family’s needs.
• You may still be entitled to visits with your child(ren), as allowed by your facility.
It is important that you maintain regular contact with your social worker and your lawyer while incarcerated via collect phone calls, letters, or email.
If you have not spoken with your social worker in the last two months, call your lawyer.
-
There are limits on how much time you can take to reunify, and if you don’t reunify within that time, the court will terminate your reunification services, and set a Permanency Hearing (formally called the “Selection and Implementation Hearing,” but commonly known as the “26 Hearing”). In some cases, where no parent or legal guardian receives reunification services at the Disposition Hearing, the court will immediately set a Permanency Hearing after finding one or more petition allegation true.
At the Permanency Hearing, the court will select a permanent plan for your child(ren), which may include adoption, legal guardianship, or having your child(ren) remain in the current placement.
Adoption
If the court orders adoption as the best plan for your child(ren), your parental rights will be permanently terminated. Termination of parental rights is a court order that permanently ends the legal parent-child relationship. Visitation that occurs with your child(ren) prior to the termination of parental rights does not prevent the court from terminating your parental rights.
Legal Guardianship
If the court orders legal guardianship, you do not lose your parental rights, and you can generally continue to have visits with your child(ren). Make sure to ask your lawyer what your visitation rights are, because in some rarer cases, the court can order no visitation for the parents.
After the court orders a legal guardianship, you are still able to petition the court to reinstate your reunification services and request return of the child(ren). To submit this petition, you must show (1) a significant change of circumstances, such as completing case plan programs or continuously testing clean from drugs, and (2) that your request for further reunification services or return of your child(ren) is in the child(ren)’s best interest. If you can show significantly changed circumstances, contact the law firm that previously represented you.
Another Planned Permanent Living Arrangement
In some cases, for children older than 16 years old, adoption or legal guardianship may not be the best option. In these instances, the best plan for your child(ren) may be to stay in their current placement and work towards independent adulthood. No Permanency Hearing is set, and there is no risk of termination of parental rights in these cases.
This generally does not change your visitation rights. The social worker assists your child(ren) with continuing school or finding a job, and helps prepare your child(ren) to be a successful adult.
-
To better locate and care for children of Native American (American Indian) tribes, the court is required to ask you about any potential tribal ancestry. Your lawyer and the judge will ask you whether you ave any Native American (American Indian) ancestry, likely at every hearing, and the social worker will ask your family members if they know of any Native American (American Indian) ancestry. These questions are required under federal law and do not impact whether you receive services or what findings the court may make at trial about the allegations.
If you are part of a United States federally recognized tribe (a list can be found here), the court will contact the tribe and ask if they want to participate in the proceedings. If you are part of a non-federally recognized tribe, the court has the option to allow the tribe to participate in the hearings.
If you have proof of membership in any tribe, you should provide it to the social worker or your lawyer as soon as you can.