Child removed or detention hearing within 72 hours? Call now: 949-209-5033
Child removed or detention hearing within 72 hours? Call now: 949-209-5033
If CPS just removed your child in California, the next 72 hours are critical. This guide explains your legal rights, what happens at the detention hearing, and the five steps you must take immediately to give yourself the best chance of bringing your child home.
You are not powerless. What you do in the next 72 hours will shape whether your child comes home. Keep reading, then call an attorney immediately. 949-209-5033
If you are reading this, CPS may have just taken your child, or you fear they are about to. You are likely terrified. That fear is completely understandable.
This guide is written for California parents navigating an emergency CPS removal, also called a detention. It explains exactly what happens legally, what your rights are, and the five steps you must take immediately. It applies to all California counties, including:
When a CPS social worker takes your child on an emergency basis, California law sets strict deadlines designed to protect your constitutional rights. Here is what must happen.
Under Welfare and Institutions Code §§ 311 and 313, CPS has two court days, meaning days the court is in session, to file a juvenile dependency petition alleging abuse or neglect. If they fail to meet this deadline, they must return your child immediately.
Once the petition is filed, the clerk schedules a detention hearing no later than one judicial day after filing (WIC § 311). At this hearing, you and your attorney can argue for your child to come home.
CPS is legally required to notify you of when and where the detention hearing will occur, and to provide you a copy of the petition, no later than 24 hours before the hearing (WIC §§ 290.1, 290.2). If CPS fails to properly notify you, the court cannot accept the petition, and your child must be returned.
Friday afternoon. Your child is removed by CPS.
End of day Tuesday. CPS must file the petition, being the next two court days. You must also receive notice by this deadline.
Wednesday. Detention hearing is held. You and your attorney argue for your child to come home.
That is a narrow window. Every hour matters.
This is the single most important thing you can do right now.
Anything you say to a social worker can and will be used against you in court. CPS social workers are trained to gather information that supports their case. They may appear sympathetic. They are not your ally in this moment.
Social workers will sometimes use threats or promises to pressure you into:
You have the right to remain silent. Use it.
CPS is required to provide a legal basis for taking your child. Ask the social worker directly:
Under Welfare and Institutions Code § 305, CPS can only remove a child without a warrant when there is reasonable cause to believe the child:
If CPS removed your child without a warrant and without a legally sufficient reason, this may form the basis of a civil rights claim. Document everything. You have the legal right to film social workers while they are performing their official duties, just as you have the right to film police.
You have days, not weeks, before the detention hearing. A court-appointed attorney may not be assigned to your case until the morning of the hearing. By then, it is often too late to build an effective defense.
A private family defense attorney can:
Every day without an attorney is a day the other side is building their case against you.
You will not know the specific allegations until CPS serves you with the petition, no later than 24 hours before the hearing. But you can start gathering information now.
At the detention hearing, the court is not deciding whether the allegations are true. The court assumes the allegations are true, meaning worst-case scenario, and asks: can the children safely return home despite that risk?
The court must release your child unless it finds all three of the following:
There are two primary defense strategies at the detention hearing:
Once you understand the allegations, begin collecting evidence that directly responds to them. Common examples include:
If the court still orders removal, identify a trusted relative or close family friend who can take your child in immediately. Placement with a known, trusted adult, rather than a foster home, substantially improves the chances of reunification.
If your child is removed, you do not lose your right to see them. California Rules of Court, rule 5.670(c) provides that a detained child's parent has the right to regular visitation unless the court finds it would be detrimental to the child.
The instinct to explain yourself is understandable, and dangerous. "If I could just tell them what really happened, they'd understand." This almost never works and frequently makes things worse. Everything you say becomes a record CPS will use in court.
It takes a village. The support system you build in these first days, family members willing to provide childcare, character witnesses, people who can testify to your parenting, can make or break your case. Do not try to handle this alone.
Your CPS case is confidential. Not everyone who claims to support you has your best interests, or your child's, at heart. Be strategic about who you share information with. Make clear to your social worker that you do not consent to sharing case information with individuals outside your identified support circle.
CPS will sometimes ask parents to "voluntarily" place their child with CPS or a relative. This is rarely truly voluntary, and agreeing waives important legal protections. Decline, and let your attorney advise you.
CPS may still seek a warrant or detain your child on an emergency basis regardless. But requiring them to do so, rather than handing them your child, preserves your constitutional rights and your ability to challenge their actions in court, including through a potential civil rights lawsuit.
The legal framework governing CPS removals exists for one reason: to protect your constitutional rights as a parent. The California Court of Appeal was unambiguous.
Before a child is removed from his or her parent's care, the parent has the fundamental right to adequate notice and the opportunity to be heard. In re R.O. (2022) 83 Cal.App.5th 586
This means:
If any of these rights were violated in your case, those violations matter, both for your defense in juvenile court and for potential federal civil rights claims under 42 U.S.C. § 1983.
CPS has two court days (days the court is in session) to file a juvenile dependency petition. Failure to file within this window requires CPS to immediately return your child. (WIC §§ 311, 313)
At the detention hearing, a judge decides whether your child will remain in CPS custody until trial, or return home. You have the right to appear with an attorney, present evidence, and argue for your child's return. The hearing must occur no later than one judicial day after the petition is filed.
Yes. CPS generally cannot enter your home without your consent or a warrant. You have Fourth Amendment rights. You can decline entry and ask whether they have a warrant. If they do not, ask them to state their legal basis for any emergency entry.
Strongly yes. The dependency court process is complex, deadlines are tight, and what happens at the detention hearing sets the trajectory of your entire case. A private attorney who starts working immediately, not the morning of the hearing, gives you the best chance of getting your child home.
A safety plan is an agreement between you, CPS, and sometimes the court that outlines measures to keep your child safe at home rather than placing them in foster care. Examples include having another adult reside in the home, regular drug testing, or enrolling in a treatment program. While safety plans can be effective tools, they should always be negotiated with an attorney. What appears to be a voluntary agreement can have legal consequences you may not anticipate.
You have already taken the most important first step: arming yourself with knowledge. The second step is securing experienced legal representation before the clock runs out.
At K. Adeniyi Law, we represent parents in CPS investigations and juvenile dependency cases throughout California, including Los Angeles, Orange County, San Bernardino, Riverside, Sacramento, and San Francisco.
949-209-5033Call or text. Urgent calls answered after hours.
A California family defense practice for parents in Los Angeles, Orange, San Bernardino, and Riverside Counties.
K. Adeniyi Law, APC
Orange County Office18650 MacArthur Blvd, Suite 300
Irvine, CA 92612
5800 S. Eastern Ave., Suite 500
Commerce, CA 90040