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Understanding the Process

The Dependency Process, Step by Step

If CPS has entered your life, you're probably overwhelmed, scared, and unsure what comes next. This guide walks you through every stage of the California dependency process in plain English — so you know what to expect, when to expect it, and what your rights are at every step.

Step 1 — The CPS Report

Day 0

Someone — a teacher, doctor, neighbor, or family member — calls the Child Protection Hotline to report concerns about your child's safety. This is called a referral.

What happens

A social worker reviews the report. Not every report becomes an investigation — the hotline worker decides whether the allegations are serious enough to warrant a response.

Your rights at this stage

You don't have to let a social worker into your home without a court order. You can ask for their ID, their supervisor's contact info, and what specifically was reported. Stay calm. Be polite. Take notes.

Step 2 — The Investigation

Within 10 days

If the hotline accepts the report, a social worker opens an investigation. They may visit your home, interview your children (sometimes at school without you present), and ask you questions.

What happens

The social worker gathers information to decide whether the report is 'substantiated' (believed to be true) or 'unfounded.' They may also contact teachers, doctors, or family members.

Your rights at this stage

You have the right to remain silent. Anything you say can be used against you in court. You can and should consult an attorney before answering detailed questions. You can request that interviews of your children happen with you present (though the law doesn't always require it).

Step 3 — Detention Hearing

Within 48 hours of removal

If the social worker believes your child is in immediate danger, they can remove your child before any court hearing. If that happens, the first court date — the detention hearing — must happen within 48 hours (excluding weekends and holidays).

What happens

The judge decides whether your child stays in foster care or can come home while the case is open. The court also appoints attorneys — one for each parent and one for each child.

Your rights at this stage

You have the right to an attorney at this hearing. If you can't afford one, the court will appoint one for you. You have the right to ask for your child to be placed with a relative rather than in foster care. You have the right to disagree and tell your side of the story.

Step 4 — Jurisdiction Hearing

Within 15 days of detention

This is the first true trial in the case. The judge decides whether the allegations in the petition — the document that lists what CPS says happened — are true.

What happens

The county presents evidence. You and your attorney can cross-examine witnesses, present your own evidence, and call witnesses on your behalf.

Your rights at this stage

You have the right to a contested hearing — the county must prove the allegations. You have the right to confront and cross-examine witnesses. You have the right to present evidence in your defense.

Step 5 — Disposition Hearing

After jurisdiction

If the judge found the allegations true, the disposition hearing is where the court decides what happens next — what services you need, what you must do, and where your child will live while the case is open.

What happens

The judge reviews a case plan — a written plan outlining what services you'll receive (parenting classes, counseling, drug treatment, etc.) and what you must do to get your child back. The court may order your child to remain in foster care, or may return them home with services in place.

Your rights at this stage

You have the right to a written case plan within 60 days. You have the right to participate in creating it. You have the right to ask for services that will help you. You have the right to ask for your child to be placed with a relative.

Step 6 — Review Hearings

Every 6 months

Every six months, the court holds a review hearing to check on progress. The judge reviews whether you're following the case plan, how your child is doing, and whether the plan needs to change.

What happens

The social worker submits a report. Your attorney and your child's attorney can present evidence. The judge may make changes to the case plan, visitation, or placement.

Your rights at this stage

You have the right to attend every hearing. You have the right to have your attorney there. You have the right to ask for more visitation if you're meeting your case plan. You have the right to ask for your child to be returned home.

Step 7 — Reunification or Termination

12–18 months

California law gives parents a limited window — generally 12 months (up to 18 in some cases) — to reunify. If you complete the case plan, the court can dismiss the case and return your child. If not, the county may move to terminate parental rights.

What happens

If reunification is working, the court increases visitation and eventually dismisses the case. If the county believes reunification services have failed, they may file a section 366.26 petition — the hearing where the court can terminate parental rights and free the child for adoption.

Your rights at this stage

You have the right to show you're making progress. You have the right to fight termination. You have the right to appeal. Termination of parental rights is the most serious outcome — and you have the right to an attorney throughout.

A note on timelines: The dates above are statutory deadlines — the law says these hearings must happen within these timeframes. In practice, courts may grant continuances (delays), so your actual timeline may vary. Your attorney can explain how this applies to your specific case.

You don't have to face this alone

Have questions about your case?

Reading about the process is a start — but every case is different. Talk to a California dependency attorney who can explain what applies to your situation. Your first questions are free.

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