Legal Question in Family Law in California
Children removed from home by DCFS
In response to a call, DCFS removed my children from my home and justified this action with BASELESS allegations and unsubstantiated assumptions.
QUESTION: After child court determines that kids should be detained with relatives, is there an appeal process of any kind? We don't deserve to have our children taken. Please let me know.
2 Answers from Attorneys
Re: Children removed from home by DCFS
This is more complicated than can be resolved by an answer on this forum without all the facts. And this kind of action should be handled with kid gloves. Please contact an attorney. They also have public defenders at the court if you cannot afford an attorney.
Re: Children removed from home by DCFS
It is difficult to answer your question based on your statement of facts.
The juvenile court procedure is on a very short time schedule. The first court hearing is to determine whether the children should be detained by DCFS or returned home. Then there is a hearing to determine whether the court has jurisdiction over the children. If the court determines that it has jurisdiction over the children a reunification plan is set in place. You are then put through a rather rigorous reunification plan.
You have 10 days after the hearing to file a writ and 30 days after the judgment to appeal. Writs and appeals are seldom successful. Your best approach is to resist this matter at the trial court level.
Court appointed counsel generally recommends that you submit the petition and then proceed with the reunification plan.
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