What Parental Rights Do I Have Once CPS Removes My Children in California?

Question from Livy, What Parental Rights Do I Have Once CPS Removes My Children in California?

Answer from AI:

When Child Protective Services (CPS) removes your children in California, it can be a distressing experience. However, it’s important to know that you still have certain parental rights and options available to you. Understanding these rights can help you navigate the process more effectively.

Understanding Your Parental Rights

Once CPS removes your children, you retain several key rights:

• Right to Be Informed: You have the right to be informed about the reasons for the removal of your children. CPS must provide you with a written explanation of the allegations and the reasons for their actions.
• Right to a Court Hearing: You are entitled to a court hearing, typically within 72 hours of the removal, to determine whether your children should remain in CPS custody. This is known as a “detention hearing.”
• Right to Legal Representation: You have the right to be represented by an attorney. If you cannot afford one, the court will appoint an attorney for you.
• Right to Participate in the Case Plan: You have the right to be involved in creating a case plan that outlines the steps you need to take to reunify with your children.
• Right to Visitation: You generally have the right to visit your children unless the court determines that visitation would be harmful to them.
• Right to Appeal: If you disagree with the court’s decision, you have the right to appeal the decision.

Steps to Take After Removal

If your children have been removed by CPS, consider taking the following steps:

1. Attend All Court Hearings: It is crucial to attend all scheduled court hearings to stay informed and involved in the process.
2. Work with Your Attorney: Collaborate closely with your attorney to understand your rights and develop a strategy for reunification.
3. Follow the Case Plan: Adhere to the case plan developed by CPS and the court, which may include attending parenting classes, therapy, or substance abuse treatment.
4. Maintain Communication: Keep in regular contact with your CPS caseworker and your attorney to stay updated on your case’s progress.
5. Document Everything: Keep detailed records of all interactions with CPS, your attorney, and any services you participate in.

When to Seek Legal Advice

Given the complexity and seriousness of CPS cases, it is highly recommended to seek legal advice. An attorney specializing in family law or child welfare can provide personalized guidance and help protect your rights throughout the process.

Additional Resources

For more information, you can refer to the following resources:

– [California Department of Social Services – Child Welfare Services](https://www.cdss.ca.gov/inforesources/child-welfare-protection)
– [California Courts – Self-Help Guide on Child Custody and Visitation](https://www.courts.ca.gov/selfhelp-custody.htm)

Remember, while this information provides a general overview, each case is unique, and consulting with a legal professional is crucial for personalized advice.