When the Department of Social Services, Child Protective Services, (“CPS”), receives an allegation that a child has been abused and neglected, the agency investigates the claim.  If, after investigating the allegation, CPS decides the claim is credible, a CPS social worker will prepare a petition to be filed with the court, alleging that the child is abused and neglected.

Parents have a right to due process throughout the process.  The court, therefore, will appoint an attorney for a parent that cannot afford to hire their own.  An attorney called a guardian ad litem will be appointed for the child to represent their best interest.  The court will also appoint a court appointed special advocate, or CASA, to work with the family during the foster care process and report their observations to the court.

Step 1: Pre-Trial Emergency Removal of a Child or Preliminary Child Protective Order

If the CPS social worker believes that the child will continue to be subjected to abuse in the custody of their parent or guardian, they will first try to find a family member that can take custody of the child.  If a family member is not available, they can ask the court to order the child removed from their parents' physical custody and placed in the custody of CPS, or foster care.  If CPS does not believe that the child needs to be removed from their home, but believes that parents need to stop certain abusive or neglectful behavior, CPS will ask the court to enter a preliminary child protective order, which prohibits the parent from engaging in certain behavior.

Step 2: Court Process 

The court will hold several hearings to determine whether the child is abused and neglected and if they can return to their parents' care.  Most child abuse and neglect cases have at least five different court hearings:  a Preliminary Hearing,  Adjudicatory Hearing, Dispositional Hearing, Foster Care Review Hearing  and  Permanency Planning Hearing.  Throughout the process, the court's primary goal is to return the child to their parents no later than a year from when CPS removed the child from their parents.

• Hearing 1. Preliminary Hearing
  A preliminary hearing must be held within 5 business days of when CPS removed the child from their parents' custody.  At the preliminary hearing, the court will decide whether the CPS had sufficient basis to remove the child from their parents and whether the child can return home.  Each parent is required to attend the preliminary hearing, along with the guardian ad litem for the child, CASA, CPS social worker and a county attorney who represents CPS.  The parties can have a hearing or reach an agreement without hearing.  If the court conducts a hearing, CPS, the parents and the guardian ad litem for the child can present evidence and make arguments to support their position.
   
• Hearing 2: Adjudication
  No more than 30 days later, the court will have another hearing to determine whether the child has been abused and neglected.  Each parent is required to attend the preliminary hearing, along with the guardian ad litem for the child, CASA , CPS social worker and a county attorney who represents CPS.  The parties can have a hearing or reach an agreement without hearing.  If the court conducts a hearing, CPS, the parents and the guardian ad litem for the child can present evidence and make arguments to support their position.  If the judge concludes that the child is abused and neglected, they will schedule a dispositional hearing and decide if the child can be returned to their parent.
   
• Hearing 3: Disposition
  No more than 60 days from the day CPS removed the child from their parents, the court will hold a dispositional hearing to determine what conditions parents must meet to have the child returned to their custody.  The CPS social worker will prepare and file a foster care plan with the court.  The plan will identify a goal for timely moving the child out of foster care and back with their parents or with another family member or friend.
   
• Hearing 4: Foster Care Review
  Within 4 months of the dispositional hearing, the court will hold a foster care review hearing.  The judge will review the case to make sure that the parents are doing what the foster care plan requires and that CPS is providing services to the family.
   
• Hearing 5:  Permanency Planning
  No more than 5 months after the foster care review hearing, the court will hold a permanency planning hearing. The judge will decide whether the child can be safely returned home. If the judge decides that the child cannot return home, the goal contained in the foster care plan will be changed to adoption of the child or that the child will remain in foster care until they are an adult.