Foster Care and Dependency
How can I keep my family together while I'm in jail or prison?

If you are unable to arrange placement for your child, then CPS will attempt to place her with the other parent, or other relative. In the meantime, CPS may place your child in an emergency shelter or foster care. If CPS cannot place your child with relatives or believes your child is at risk of harm, CPS will file a Juvenile Dependency Petition.

Call or write CPS and let them know where you are and that you want a lawyer as soon as you know there is a case regarding your child. Even though you are in jail, you can protect your child and your rights.

Make sure you let CPS know the names of all relatives on both sides of the family (maternal and paternal) who may be available to care for your child. If your child's placement changes, this will help ensure that s/he remains in family care.

Important Suggestions:

• Ask to be present at every court hearing.
• Ask relatives and close friends who know your child to be present in court.
• Talk to your lawyer: tell her what you want for your child and ask questions.
• Give your lawyer all the information you can to support your child.
• Talk to your child's social worker: make sure s/he knows you care.
• Go to whatever parenting, counseling, AA/NA meetings, or other classes that are offered.

If a petition is filed, you have:

• A right to be notified,
• A right to be present, and
• A right to a lawyer at each of the following court hearings:
  • Detention
  • Jurisdiction
  • Disposition
  • Status Review
  • Permanent Plan

Detention Hearing

A Juvenile Dependency Petition is filed if CPS believes that "there is a substantial risk that the child will suffer serious physical harm or illness, by the inability of the parent or legal guardian to provide regular care for the child." Welfare and Institutions Code §300.

A Detention Hearing is scheduled within 48 hours (excluding weekends and holidays) of CPS making an emergency response to provide care and placement for your child. This hearing is to decide whether the child is to continue to be detained in custody. Rules of Court 1442(e).

At the Detention Hearing, the court will appoint lawyers for the parents, and sometimes for the child. The court will order a CPS social worker to write a report about your family. Make sure you talk to the Social Worker so that s/he can get to know you. The court will set a Jurisdiction Hearing date for 15 court days later. Rules of Court 1442(f). The court will also consider whether visitation should occur between the child and others, including the child's siblings. Rules of Court 1442(g).

At this hearing the parent, the child, and the guardian have the right to confront and cross-examine the people who prepared any police report, probation or social work report, or any other document submitted to the court. You cannot be forced to testify against yourself. Rules of Court 1444(c)(1).

The court may rely solely on the written reports mentioned above. Those reports must include:

• A statement of reasons why the child was removed from the parent's custody;
• A description of the services that have been provided, and of any available services that would prevent the need for the child to remain in custody;
• Identification of the need for the child to remain in custody; and
• Information about a non-custodial parent or any relative with whom the child might be placed.

Rules of Court 1445(b).

The court may consider detention alternatives including placement with a relative. If a relative is to be considered, the court will listen to the recom-mendations of the social worker who has made an emergency assessment of the relative (including a criminal records check). Rules of Court 1446(e).

Jurisdiction Hearing

At the Jurisdiction Hearing, the Juvenile Court reads the Dependency Petition and the social worker's report and decides whether or not to make your child a dependent of the court. Your child will become a dependent of the court if the judge finds that the allegations in the petition are true ("sustains the petition"), and that these allegations show that your child is at a risk of harm.

You have the right to disagree with the statements and:

1. Present your own evidence;
2. Cross-examine witnesses;
3. Bring witnesses to court; and
4. Remain silent.

If the judge finds the allegations to be true, the court takes legal custody of your child and decides where s/he should live and with whom—also known as disposition.

Disposition Hearing

The court decides where your child will live and what services CPS needs to provide to you and your child and what you need to do to reunify with her if s/he is not with you at a Disposition Hearing. At this hearing, CPS recommends a case plan for you and your child.

You have the right:

1. To review the CPS plan for you and your family, and for your lawyer to object to any false claims or unproven statements in the report. Welfare and Institutions Code §355.1; Rules of Court §1455(a).
2. To ask that your child be placed either in your home county, in the county where you are incarcerated, or in the county where your child's parent or guardian lives. Welfare and Institutions Code §§361.2(1) and (f)(1)(2).
3. To stay in touch with your child unless the court has specifically found otherwise. You can request that the court specifically order:
   • Collect phone calls between you and your child on a regular basis;
   • Visits with your child;
   • A plan to transport your child for visits;
   • Counseling for you;
   • Counseling for your child;
   • Other services for you or your child; and
   • Services for extended family or Family Reunification Services

   Welfare and Institutions Code §361.5(e)(1).

4. To say what you want about where your child should live.
5. To request Family Reunification Services, unless your child is placed with her other parent, or you fall under one of the listed exceptions found in the Family Reunification section of this manual.

If your child is under the age of 3 years old when s/he was removed from your physical custody, court-ordered services are limited to a period of six (6) months. Welfare and Institutions Code §361.5(a)(2).

If your child was 3 years old or older when s/he was removed from your physical custody, court-ordered services are limited to a period of twelve (12) months. Welfare and Institutions Code §361.5(a)(1).

Court-ordered services may be extended up to a maximum of 18 months from the date the child was removed from your physical custody, if it can be shown at the Status Review Hearing that there is a substantial probability that the child will be returned to the parent or guardian within the extended time period or you can show that reasonable services were not provided to the parent or guardian. Welfare and Institutions Code §361.5(a)(3).

NOTE: It is important to object to and refute any false allegations or unproven statements that are in the report because the information in the report is used as a basis to require a reunification plan.

Status Review Hearing
(Six/Twelve/Eighteen Month Review)

The court must review your child's case every six months. At this hearing, the social worker will write a progress report and make recommendations. The first review hearing is the most important because the court really looks at what you and your family have done to deal with the situation that brought you before the court. You have a right to read the report before the hearing. READ the report. Tell your lawyer if you do not agree with the report. The court may:

• Order six more months of services.
• Order family reunification services terminated and set a Permanent Plan Hearing.
• Continue the case.

The court will look at your progress to reunify with your child. The court considers how hard you have worked at meeting the reunification requirements in your case plan for past six months. The court is more likely return your child if you do ALL of the following during this six month period:

• Follow the case plan (reunification requirements).
• Visit your child as often as possible.
• Live in a safe place.
• Get a job that you can support your family.
• Follow all probation or parole rules.

Welfare and Institutions Code §366.21(e), Rules of Court 1460(e).

If the court does not return your child to you at this time, you have the right to a trial and a right to appeal that decision.

Permanent Plan Hearing

If you have not reunified with your child or were not offered Family Reunification, the court will set a Permanent Plan Hearing (also called a "26 Hearing"). At this hearing, the court will read the social worker's recom-mendations for a long-term plan for your child, so that she will have a permanent, stable place to live. This hearing usually takes place between 12 and 18 months after your child was detained. If no Family Reunification services have been offered, this hearing may take place much earlier.

The court will consider three permanent plans in order of legal preference:

1. Adoption: Ending your rights as a parent and beginning the adoption process. This may happen if a child has been in foster care for over 12 months and reunification efforts have failed. If your parental rights are terminated, you no longer have any right to care for or even visit your child in the future.
2. Legal guardianship with a relative, friend, or stranger. Welfare and Institutions Code §11362(a).
3. Long-term foster care.

Post-Permanent Plan Hearings