Overview

As Americans, we enjoy the freedom from government intrusion into our families. But what happens when a child is abused, abandoned, or neglected by the very people that are supposed to protect her? When the abuse or neglect is serious enough, the state can intervene to protect the child.

Here is an overview of the process, from first contact to final review.

Child Welfare Services Agency investigates
The first step toward getting the state involved generally involves a call to Child Protective Services. Each of the 58 counties in California operates a Child Welfare Services Agency (Agency) that is charged with responding to reports of child abuse.

When a report comes in, the Agency has a limited amount of time to respond. By investigating, the Agency determines whether further involvement is necessary to ensure the child’s safety.

The Agency’s recommendations can include:

Services to help the family. For milder cases, referrals to community resources may suffice.

Involving Juvenile Court. If the child is at risk, the courts need to get involved. The Juvenile Court has the authority to intervene if the child has been abused or neglected.

Immediate removal from home. If the child is in immediate danger, the Agency may request a warrant to take the child out of the home.

Removing a Child from the Home
When a child is removed from the home, the Agency must file a "petition" with the Juvenile Court, informing the Court of the removal and possibly asking for authorization to detain the child further. If there is no immediate danger, then the Agency can still remove the child, but must have a warrant form the Court allowing the removal.

Placement in Foster Care
Foster care is defined as "out-of-home care", meaning that the child is not in the home of his or her parent or legal guardian. Out of home placements can be in the home of a relative, a friend, a foster home, or group home. If a child cannot be reunified with his or her parent(s) or legal guardian(s), then the court will need to decide what the best permanent placement will be.

Dependent of the Court
The Agency may file a petition that declares the child a "dependent of the court".

A dependent of the court is a child requires protection. Once the child has been declared a dependent, then the Court has the ability, indeed the duty, to ensure that the child is protected and has a safe place to live.

Whether a child has suffered the serious level of abuse or neglect required to bring them under the protection of the Court is a legal question that can only be answered by the Court hearing the case.

Because the government is interfering with constitutionally protected liberties, each party to the case (the child, parent(s) or legal guardian(s), Agency, and any other parties) have a right to notice (to know when the case is going before the Court) and must have an opportunity to be heard. They also have the right to have an attorney represent them, either their own or one appointed if they cannot afford one.

Court’s Process
The Court will hear the case, review evidence, and make a decision. Depending on the circumstances, the Court can do what’s necessary to protect the child, including: 1) find that the child has not suffered serious abuse or neglect and dismiss the case, 2) find that the child has, and declare the child a dependent of the Court. If the Court declares the child a dependent of the Court, then the Court will then open the case and decide what is in the best interests of the child (based on information and evidence).

One decision will be whether the child can safely return home with services from the Agency. If the child can, then the Court will order the Agency to provide the services and most likely keep the case open and set another hearing within six months to determine if circumstances have changed enough such that the child is safe, and if so dismiss the case.

If the dismissal is not in the child’s best interest, then the Court can order more services and check the case every six months until the child is safe enough — when circumstances no longer exist to justify initial assumption of jurisdiction — and once it is safe enough, dismiss the case.

If the child cannot safely return home, then the Court will order the Agency to take (or keep) the child in custody and provide services to the child and the parent(s) or legal guardian(s). Likewise, the Court will also order the parent(s) or legal guardian(s) to cooperate with the Agency. The Agency will work to find the best home for the child, and that can include relatives, friends, a foster home, or a group home. The Agency can make arrangements to place the child with relatives pending approval; however, any placement will need to pass an approval process.

Child Welfare Services
When a child has suffered serious abuse or neglect the Agency will develop a "case plan" that outlines the services directed at making the home safe enough for reunification. These services are usually limited to 18 months — and can be much less depending on the circumstances.

Therefore, when a child is placed in foster care, it is a race against time to either get the home safe or find a long term alternative that is best for the child. After child welfare services to the parent(s) or legal guardian(s) are stopped, then the child can join another family through adoption, a legal guardianship. Sometimes no permanent placement is found, and the child remains in foster care.

Child Welfare Services can include:

therapy
drug treatment
domestic violence classes
visitation
referrals to community resources

Review
Once the Court orders services, it will hold a hearing about every six months to review any progress. If the parent(s) or legal guardian(s) can demonstrate the problems that caused the removal have been resolved, the Court can dismiss the case. The best way to demonstrate that the home is safe is by making consistent progress in the services required by the Agency. Once it becomes clear that the child can return home safely, then the court will order that the child be allowed to go home.

Permanent Plans
The ideal permanent plan for the child is to return home. However, there are circumstances where this is not possible. If it is still unsafe to return home, then the Agency and the Court will work to find the child a permanent home. This can be under a legal guardianship with a caring relative or other adult, adoption, or if no other options are available, continuing in foster care for the long term.

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