What You Can Do If Your Child Is Removed
📞 Staffing Meeting
You will be asked to attend a "staffing meeting" - a phone call with Children and Family Services. They will discuss with you the decisions they are going to make on behalf of your child. You are entitled to bring support people (family, friends, etc.) to this meeting. These meetings can be very stressful and overwhelming.
🏠 Where Your Child May Be Placed
Your child may go to live temporarily with:
- The child's other parent (if you are not together)
- A relative or close family friend
- A foster home
Important: Give the social worker information about your family members and close people in your life. This may help them place your child with someone you know and trust.
📞 Pre-petition Representation
You can seek advice from a lawyer from the very start of your case and when your child is removed, even if you haven't been given an attorney yet. Call your local Public Defender's office or Legal Aid society for "pre-petition representation".
⏰ First Hearing Timeline
Attent the first court hearing. This is sometimes called the Shelter Care Hearing and will happen within 24 hours of when your child was removed. Your social worker will tell you when and where the hearing is going to take place.
At the hearing you will be assigned an attorney and can ask them any questions you might have. Before and after court, your attorney can answer all questions you may have.
When Can I Get My Child Back Home?
👨👩👧👦 Visitation
- Ask the social worker to set up frequent visits with your child
- Your social worker will help you have time each week to see your child
- If appropriate, you may be able to see your child while waiting for your court date
📋 Case Plan Requirements
If the court finds it's currently unsafe for your child to be at home, you'll need to complete a Case Plan before your child can return.
- The Case Plan will include services you're asked to participate in
- You are entitled to be part of deciding which services will help you
- Participating in services helps you get what you need to bring your child home
- Your social worker will help you get connected to these services
🤗 Remember
Getting help through services does not mean you are a bad parent! It means you are going the extra mile so that your child can be as safe as possible and have all their needs met.
What Does the Court Process Look Like?
1. Shelter Care Hearing (First hearing - within 24 hours of removal)
You'll be assigned an attorney and can ask questions. The court decides where your child will stay temporarily. After your hearing two things will happen:
- Your social workers will tell you about your Case Plan and connect you to necessary services. They will also set up time each week to see your child - called visitation.
- You will get a date to come back to Court.
2. Arraignment (Second hearing)
The Judge tells you all your legal rights. This hearing is usually short.
3. Adjudication and Disposition
Adjudication: Judge decides if there's enough evidence that your child was unsafe
Disposition: Judge decides what needs to be done and where your child should continue to live
4. Review Hearings (Ongoing)
Regular court dates where the Judge looks at the progress you have made on your case plan.
Your Rights and Responsibilities
⚖️ I have the right to...
- Know why my child was removed and what needs to happen for them to be returned.
- Have an attorney who represents my rights and interests in court.
- Have my child placed with a relative if that relative can care for my child safely.
- Know where my child is placed and have frequent, meaningful interactions with my child.
- Know that efforts are made to place my child close to my home and allow them to continue in their same school.
- Be consulted in decisions on my child's religion, health care, and education and participate in my child's care as agreed upon.
- Request a Parent Partner when available for support from someone who has walked in my shoes.
- Be informed of services my child receives and medical emergencies.
- Expect that my child is safe in their placement and their needs are met.
- Have my child returned home after court and case plan conditions are met.
- File for an appeal against the following: child abuse report determination, termination of parental rights, or removal of my child.
- Have information about me and my family kept confidential, unless I agree to share it.
📝 I have the responsibility to...
- Meet with and stay in contact with my social worker, report changes to phone or address.
- Participate in creating my family's and my child's case permanency plan, keep appointments / make agreed upon changes.
- Discuss the petition with my attorney and stay in contact with them.
- Provide my social worker with names of relatives who might care for my child.
- Develop and stay consistent with my plan for visits and communicate with my child regularly.
- Keep my child's best interest at heart and try to see things from my child's perspective.
- Ask about upcoming appointments that my child may have.
- Communicate any concerns I have to the social worker and my attorney.
- Inform DCFS, my attorney, and the court if DCFS has not provided me with the services listed in my case permanency plan, or if I need additional services.
- Give permission for release of information necessary for my child's health and welfare.