What Happens After CPS Removes My Child in California?

If your child was just taken by Child Protective Services, you are probably terrified right now. You may not know where your child is, what you are allowed to do, or whether you will ever get them back. This guide walks you through exactly what happens next — and what you need to do immediately to protect your family.

The First 72 Hours: What CPS Must Do By Law

California law gives CPS and the court a very tight timeline after a child is removed from the home. Understanding this timeline is critical because the decisions made in the first few days have an enormous impact on the rest of your case.

When CPS removes a child, they must file a petition with the Juvenile Dependency Court within 48 hours — excluding weekends and court holidays. This petition formally begins the legal process and outlines the allegations against you. You will receive a copy of this petition.

The Detention Hearing

Within 72 hours of the child's removal (again, excluding weekends and holidays), a Detention Hearing must take place in Juvenile Dependency Court. This is the first court hearing, and it is one of the most important moments in your entire case.

At the Detention Hearing, a judge decides whether your child will remain in protective custody or be returned home while the case moves forward. The judge will consider:

• Whether returning the child home poses an immediate risk
• Whether there are relatives or close family friends who could safely take the child
• What services or safety plans could make it safe for the child to return home

This is why you need an attorney before the Detention Hearing. The Detention Hearing often happens within days of removal — sometimes within 48 hours. Parents who appear without an attorney at this hearing are at a significant disadvantage. An experienced dependency attorney can argue for your child's immediate return at this hearing. Family First Law Firm provides 24/7 emergency representation for exactly this situation. Call (323) 777-7776 immediately — do not wait until the day of the hearing.

Where Will My Child Be Placed?

After removal, CPS is legally required to try to place your child with a relative or someone your family knows before placing them with a foster family. This is called a "relative or non-related extended family member" (NREFM) placement.

If you have a family member — a grandparent, aunt or uncle, adult sibling, or close family friend — who could take your child, notify your attorney and CPS immediately. Relative placements are preferred by law and are often more comfortable for the child.

If no appropriate relative is identified, your child will be placed in a licensed foster home. You should be given information about how to contact your child and arrange supervised visitation, which typically begins within a few days.

The Court Process: What Comes After the Detention Hearing

If the judge at the Detention Hearing determines your child will remain in protective custody, your case moves into the full Juvenile Dependency Court process. Here is what that looks like:

1. The Jurisdiction Hearing

This hearing typically takes place 15–30 days after the Detention Hearing. At the Jurisdiction Hearing, the court determines whether the allegations in the CPS petition are true. You have the right to contest the allegations and present evidence at this hearing. This is a critical stage where a skilled attorney can challenge the basis of CPS's case.

2. The Disposition Hearing

If the court finds that the allegations are true at the Jurisdiction Hearing, a Disposition Hearing follows — usually held on the same day. At this hearing, the judge decides what services and requirements you must complete to get your child back. This typically includes things like parenting classes, counseling, drug testing, or other services depending on the allegations.

3. Review Hearings

Every six months after the Disposition Hearing, the court holds a Review Hearing to assess your progress in completing the required services. These hearings are critical — showing consistent progress significantly increases the likelihood of reunification.

4. The Permanency Hearing

If reunification has not occurred within 12 to 18 months, the court holds a Permanency Hearing. At this point, the judge considers whether to continue working toward reunification, establish a legal guardianship, or — in the most serious cases — terminate parental rights and pursue adoption. Getting to this stage without an attorney is extremely dangerous for parents who want to keep their family together.

Your Rights as a Parent Throughout This Process

California law gives parents significant rights in dependency proceedings. Many parents don't know these rights exist or are too overwhelmed to exercise them. Here are the most important ones:

• You have the right to an attorney at every hearing. If you cannot afford one, the court must appoint one for you.
• You have the right to be present at all court hearings related to your child.
• You have the right to receive copies of all reports filed by CPS with the court.
• You have the right to participate in the development of your case plan.
• You have the right to request that your child be placed with a relative.
• You have the right to regular visitation with your child unless the court specifically prohibits it.
• You have the right to appeal court orders you disagree with.

Knowing your rights is important — but exercising them effectively requires experience with how the dependency court system actually works. California's juvenile dependency courts operate under different rules and procedures than regular family court, and many general practice attorneys are unfamiliar with them.

The Most Important Things You Can Do Right Now

If CPS has just removed your child, every action you take in the next few days matters enormously. Here is what experienced dependency attorneys recommend:

• Call a dependency attorney immediately — before speaking to CPS again, before the Detention Hearing, and before signing anything.
• Do not make any statements to CPS social workers without your attorney present. Anything you say can be used in court.
• Start documenting everything — write down dates, times, names of social workers, and what was said in every interaction.
• Contact relatives who might be willing and able to take your child as a placement. Notify your attorney and CPS of their names right away.
• Begin following any safety plan or case plan requirements immediately. Early compliance demonstrates good faith to the court.
• Attend every court hearing. Missing a hearing, even once, can seriously damage your case.

The window to get your child home is narrow. California's dependency system moves quickly. The decisions made in the first weeks of a case often determine whether families are reunited within months or separated for years. Parents who have experienced dependency attorneys from the very beginning consistently achieve better outcomes — faster reunifications, fewer service requirements, and stronger court presentations.

How Family First Law Firm Can Help

Family First Law Firm represents parents and families in DCFS and CPS cases throughout Orange County, Los Angeles County, Riverside County, and San Bernardino County. Attorney Mitchell Krems has extensive experience in juvenile dependency proceedings and understands that speed matters — which is why we offer 24/7 emergency consultations for families in crisis.

We have helped hundreds of families navigate the dependency court system, fight false allegations, and reunite with their children. We know how CPS social workers build their cases, how judges make decisions at each hearing, and what it takes to demonstrate to the court that your child belongs at home with you.

If CPS has taken your child or contacted you about a potential investigation, do not wait. The sooner you have legal representation, the better your chances of getting your child back quickly.

This article is for informational purposes only and does not constitute legal advice. No attorney-client relationship is formed by reading this content. Every CPS and DCFS case is unique and the outcome depends on the specific facts and circumstances involved. Please consult a qualified California family law attorney regarding your specific situation.