Protecting Families in CPS Dependency Cases

What Is a CPS Dependency Case?

Child Protective Services (CPS) investigates reports of child abuse or neglect. If CPS believes a child may be at risk of harm, the agency can seek court involvement and, in some situations, remove the child from the home while the court evaluates the circumstances. This process usually begins with a dependency petition, where a judge determines what steps must occur before a child can safely return home.

During a dependency case, CPS, parents, and other parties may disagree about placement, services, or what is necessary to resolve the case. These issues are addressed through court hearings and ongoing review by the judge.

If CPS contacts you, it is important to remember that statements made to investigators are not confidential and may later be used in court proceedings. Navigating a CPS investigation often requires both cooperation with the process and careful protection of your legal rights.

What to Expect During a CPS Dependency Case

Investigation

CPS investigates allegations of abuse, neglect, or unsafe living conditions.

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Shelter Care

A shelter care hearing occurs within 72 hours of child's removal. The court determines whether it is safe to return child and visitation before the Fact-Finding trial.

Dependency Fact-Finding

At the fact-finding hearing, the judge listens to evidence and testimony to decide whether the State has proven the allegations in the dependency petition. The court will either rule that the child is legally dependent or dismiss the case.

Reunification or Permanency

The goal is typically to reunify families, but the court may consider other permanent plans if reunification is not possible.

Frequently Asked Questions

Can CPS remove my child from my home?

In certain situations, CPS may remove a child if they believe the child is at immediate risk of harm. Shortly after removal, the court will hold a shelter care hearing to determine whether the child should remain out of the home while the case proceeds.

Can I get my child back during a dependency case?

In many cases, the goal of a dependency case is reunification between the parent and child. The court may require parents to complete services or meet certain conditions before the child can safely return home.

How long does a CPS dependency case last?

Dependency cases can last many months and sometimes longer depending on the circumstances of the case. The court will regularly review progress and determine whether the case should continue or move toward reunification or another permanent plan.

What should I do if CPS contacts me?

If CPS contacts you, it is important to understand your rights and the potential legal consequences of the investigation. Statements made to CPS investigators may be used in court proceedings, so it is often helpful to seek legal guidance early in the process.

Will I be allowed to see my child during the case?

In many cases, parents are allowed visitation with their child while the dependency case is pending. The court will decide the type and frequency of visitation based on the circumstances of the case and the child’s best interests.

Do I need a lawyer for a CPS dependency case?

Dependency cases involve court hearings, legal standards, and evidence that can significantly affect a family’s future. Having an attorney can help ensure your rights are protected and that you understand the process at every stage.

How Our Firm Helps Parents

Get Help With Your Dependency Case

Navigating dependency and dealing with DCYF can be complicated, but you do not have to do it alone. Complete our intake form so our office can review your case and determine how we may be able to help.