Parents and the Court

Listed below is a selection of frequently asked questions about the dependency court process and brief, informative explanations

    • Safeguard the child(ren)'s well-being. 

    • Coordinate essential services for family reunification. 

    • Reduce the number of placements for the child(ren) while separated from family. 

    • Aim for a secure, lasting home if returning home isn't feasible. 

    • Share pertinent family and child details with supporting professionals, including health, mental health, and educational records. 

    • Address the child(ren)'s health, mental, and educational requirements. 

    • Offer a just and accessible venue for families to address challenges. 

    • Uphold the family's right to a prompt and fair trial. 

  • In San Diego, a social worker or protective services worker from the Child and Family Well Being Department (CFWB) is obligated to investigate any referral they are assigned. This means investigating the specific allegations in the referral as well as doing a wellness check to make sure the child(ren) are not in immediate danger.

    A wellness check requires that a person physically see and speak to the child(ren) to ensure the child(ren) is(/are) safe. When trying to speak with you, a social worker may call you ahead of time to schedule a time to talk, or can show up at your home unannounced. 

    Refusing the social worker access to either your home or child(ren) may not make the investigation go away and may result in CFWB asking law enforcement to perform a welfare check. The CFWB may also get a warrant to remove your child(ren) for further interview or examination if they and the court believe it is necessary. 

    CFWB will then attempt to investigate the referral to determine if there is a risk to the child(ren).   

    • Can ask for notification of and a written list of your Civil Rights 

    • Can ask to see the social worker’s ID card and write down their information 

    • Can ask to audiotape the interaction with the social worker’s permission, but if the social worker refuses, you are not allowed to audiotape 

    • Can ask for specific details of the accusation, rather than “neglect/abuse” 

    • Can have someone with you for support or as a witness during your interaction 

    • Can refuse to allow your child(ren) to be interviewed – although not always advisable 

    • Can refuse to allow your child(ren) to be interviewed – although not always advisable 

    • Can ask for another adult to be present while your child(ren) is being interviewed 

    • Can request an adult that the child(ren) know(s) be present during a physical examination 

    • Can take your child(ren) to your pediatrician to conduct an exam and have the doctor submit the report to CFWB 

    • Can request your child(ren)’s school not allow your child(ren) to be interviewed without your consent or without another adult your child(ren) know(s) present 

    • Can provide family member or family friend contact information for placement if the social worker tells you they are detaining your child(ren) 

    • Can refuse to sign paperwork from the social worker; The four most common documents are the “release of medical information”, “release of educational information”, “preferred language form”, and “Indian Ancestry Questionnaire” 

    • Can ask to go over paperwork with your lawyer once you have one 

    • Can ask for copies of all paperwork that you sign 

    • Can ask for an interpreter if English is not your primary language 

    • Can speak with the social worker outside of your home without allowing them in 

    • Can refuse to answer questions about your past or childhood 

    • Can refuse to drug test, although not always advisable 

    • Can offer to bring your child(ren) to CFWB office to be interviewed rather than in your home 
       

    • CANNOT refuse to let CFWB into home or take custody of your child(ren) if the social worker shows you a signed warrant for your child(ren)’s removal 

    • Can refuse to allow audio-recording of the interview with you 

    • Can report to the court that you refused to cooperate 

    • Can speak with relatives, neighbors, school personnel, medical professionals, mental health professionals, and law enforcement without getting your approval or giving you notice 

    • Can refuse to allow audio-recording of the interview with your child(ren) 

    • Can refuse to tell you who filed the original complaint against you 

    • Can refuse to tell you the specific address where your child(ren) is placed if they are detained from you 

    • Can ask if you have Native American Indian heritage 

    • Can encourage you to enroll in a 6-month voluntary case plan, where the social worker will identify services for your family to participate in, and monitor the child(ren)’s well-being in the home, without court involvement 

    • CANNOT interview your child(ren) without your consent unless they have exigency or a warrant 

    • CANNOT lie or intimidate you to gain access to your home 

    • CANNOT refuse to obtain an interpreter in your primary language 

    The above is not a complete list of all the rights of parents and social worker.

    The above does not constitute legal advice and does not form a lawyer-client relationship.

    On most occasions the social worker will attempt to discuss your case with you before a petition is filed in court. A dependency petition is a legal request to the court to determine if the child needs protection due to abuse, neglect, or inability of the parents to care for them. The social worker is tasked with investigating the referral and deciding among several possible approaches to resolving the issues or concerns that have been raised. You do not have the right to a court-appointed lawyer at this stage, but you can hire a private lawyer.  

    In an attempt to cooperate with the social worker you may elect to discuss matters with the social worker, but you should be aware that anything you say may be used against your interests if the matter ever goes to court.  

    You do not have to discuss any aspect of the referral with the social worker, if you do not want to. Some social workers will tell you that you must discuss the referral with them and some may even tell you that unless you discuss the allegations with them, they will remove your child(ren) from your custody. The social worker may decide to request a judge’s permission to remove your child(ren) from you and file a petition with the court if you do not cooperate with the social worker. With that in mind, if you decide not to speak to a social worker, you should tell the social worker of your decision in a respectful manner.  

    The social worker investigating your referral may offer you a voluntary case to prevent a court petition from being filed. You do not have a right to lawyer while you are receiving voluntary services.

  • Yes. In San Diego County, every parent has a right to a lawyer at every stage in your Juvenile Dependency case. When you first appear in court, the Court will appoint a DLSSD lawyer to represent you, unless you have hired a private lawyer. Each parent is appointed a lawyer to prevent any conflicts of interest between the parties, and this is done even when parents remain a couple throughout the case.

    Your court appointed DLSSD lawyer is well-experienced in Juvenile Dependency proceedings. They will guide you through the process. They will represent you at all of your court hearings.

  • Lawyer Contact Prior to the Detention Hearing

    If the social worker decides to open a court case, your assigned lawyer will reach out to you as soon as possible before the Detention Hearing.

    Contacting Your Lawyer After the Detention Hearing

    After you meet your lawyer, use their contact information to reach them! If you don’t remember your lawyer’s name, you can call the main line at 619-398-2725 to find your lawyer’s contact information.

    Remember, though, that your lawyer is in court almost every day. So, if they don't answer your call, leave them a message with your name, case number, and a way to contact you, either through phone or email. Your case number can be found in your court documents, and will look like J#00#####, EJ######, NJ######. If you can't find the case number, leave your child(ren)’s names and dates of birth so we can find your case. Your lawyer will return your call as soon as they can.  

  • It is important that the Court has a good impression of you. After all, that is the person making the important decisions regarding your case. Dress appropriately for court, as you would for a job interview. Also, speak respectfully to the judge and others in the court, even if you do not agree with what they are saying.

    You are being judged on how you conduct yourself with others, and not just what it says in the petition and the allegations. Others in court are going to say things that you do not want to hear, or they may say things that are not true or that are disrespectful to you. It is very important that you do not react to these words, and that you remain calm and be respectful. Let your lawyer do the speaking for you in court. After court, you can let your lawyer know what it is that you disagreed with and discuss options to address your concerns moving forward.

  • 1. Discuss the Case With Your Lawyer  

    Time permitting, your lawyer should have contacted you prior to the first court date. It is critical that you discuss the case with your lawyer so that proper decisions can be made about how to handle your case. You should bring with you any documents that will assist your lawyer with your case and you should bring with you the names, addresses and telephone numbers of any person you believe is a potential witness.  

    Your lawyer will have other cases on that day’s calendar so he or she will attempt to spend as much time with you as possible but may not be able to spend as much time as you would like. If that happens, ask that your lawyer contact you at a later time so that all of your questions and concerns can be addressed.  

    At or before the Detention/Arraignment Hearing, your lawyer will go over with you all the documents that the social worker filed (usually a social worker’s report, a copy of the petition, and any removal warrant that a judge already approved). The social worker should give you a copy of these documents before the hearing. If you have not been given the documents before the Detention Hearing, you should request them from your lawyer when you speak with your lawyer for the first time.   

    What Can I Ask My Lawyer? [What Should I Ask My Lawyer?] 

    • How and when can I get my child back (if my child has been detained from me)? 

    • How long will the court process take to finish my case? 

    • What can I do to make my case end faster? 

    • What is my case plan? 

    • Do I need a case plan? 

    • What if I can't complete a task in my case plan? 

    • Can I visit my child? Can they see other family members? 

    • What if there's a problem during a visit? 

    • Can I call my child? 

    • Can I send letters to my child? 

    • Can I still go to school meetings and be involved in my child's education? 

    • What should I bring to court? 

    • How can I contact you? 

    • What happened at today's hearing? 

    • What will happen at the next hearing? 

    2. Participate in the Hearing  

    At the Detention/Arraignment Hearing, the court will decide temporary custody of the child(ren) while the case is being further investigated. If the court detains your child(ren) from you (meaning that you temporarily lose your custody until the next hearing), visitation should be ordered. The visits may require a supervisor. The  supervisor can be someone  you know personally who can pass a basic background check (see below, “Do I get to visit with my child(ren)?”). Also, the judge may refer you to some programs.   

    Parents should make every effort to attend hearings in-person.  

    You may be able to participate in the hearing remotely by phone or video app, as this may be helpful if your work, personal obligations, or financial circumstances make in-person attendance difficult. You  may discuss this issue with your lawyer..   

    3. Follow-up With Your Lawyer  

    If you were unable to get all of your questions answered before the hearing or immediately after the hearing, make sure to contact your lawyer to ask any questions that you have. You should always know what the outcome of the proceeding was, and how to prepare for the next hearing.  

    At the Detention Hearing, after making temporary custody and visitation orders, the court will then set a future court date, most likely the Jurisdiction/Disposition Hearing (this is usually a combination of the Jurisdiction Hearing and the Disposition Hearing, which usually occur on the same day). At the Jurisdiction Hearing, the court will determine if the allegations of risk are true.   

    If the court finds at least one allegation to be true, the court will move to the Disposition Hearing to make further orders regarding custody. Basically, the court will decide whether any case plans need to be ordered for a parent to either maintain the custody they get at the Disposition Hearing, or to regain the custody that they lose at the Disposition Hearing. At this point, the court can also close the case.  

  • The court determines whether or not the allegations in the petition are true. You have the right to set this for trial and may present evidence including calling witnesses if they are relevant. In dependency court the judge need only find the allegations to be true by a preponderance of the evidence (more likely than not.) This is much different from a criminal proceeding where a judge or jury needs to find the allegations to be true beyond a reasonable doubt. 

  • In most cases, you will be allowed visitation with your child(ren). If the social worker does not assist you in setting up this visitation, or if the social worker fails to make sure that the visitation happens regularly and consistently, let your lawyer know.   

    When discussing your visits with the social worker, be sure to request all forms of contact with your child(ren). Visitation can include in-person contact, phone calls, or video calls.   

    The judge should have made an order at the Detention Hearing as to where and how often your visits will occur, and whether someone must supervise that visitation. If your visits are supervised, you should provide your social worker with names and contact information for friends or family members that you want the social worker to approve as your visit supervisor. The visit supervisor must usually pass a background check to be approved. Once approved, you will usually be able to coordinate visits directly with the visit supervisor and the caregiver, but be sure to check with the social worker.   

    If you can directly arrange the visits with the visit supervisor and caregiver, be sure to spend time with your child(ren) as often as possible. It is very important to maintain a strong relationship with your child(ren) throughout this process. 

  • One of the most important things you can do in your case is to keep a log in a notebook of all contacts and conversations you have had with persons involved in this case. This includes recording in the notebook some details related to when conversations occurred with the social worker, and what the conversations were about. It might be a good idea to keep a separate notebook as a log for specific issues (visits, program, participation, etc.) or persons (the social worker, the caregiver, a program provider), as needed under the circumstances.   

    When documenting conversations, it is important to note the date, time, name of the person you spoke with, and some details of the conversation. Also, include any conversations that don’t happen, including when you have to leave a voicemail or a text message.   

    When documenting visitation efforts, you should include the date, time, location, and visit supervisor name, with some details about what happened during your visits. Also record when visits didn’t happen, and the reason the visits doesn’t happen.   

    When documenting your services, it might be helpful to have a separate notebook for each program. Your log should include the date and time of your class, name of the instructor, topics discussed, and brief description of what you learned. By writing all of this information down, it will help you retain what you learned and demonstrate changed circumstances.

  • After the Jurisdiction Hearing, the court moves on to the disposition portion of the case (“disposition” here means how the court intends to resolve the matter after finding one or more allegations true). During the Disposition Hearing, the court determines if the child(ren) should be named a dependent of the court. If so, the court determines what will happen with the child(ren)’s custody and/or visits with the parents, and what programs, if any, the parents will need to complete.  

    The court considers all evidence presented by parties, including the social worker’s report and any evidence or testimony presented by the child(ren)’s or parents’ lawyers. The burden of proof at this hearing is the highest in the children’s court system, as the social worker must present clear and convincing evidence that the child(ren) is/are at risk if the child(ren) stays in the parent’s custody. This standard of proof requires more evidence than the Jurisdiction Hearing’s “preponderance of the evidence” standard, but less than the criminal court’s burden of “beyond a reasonable doubt” standard.  

    If the parent receives reunification services, for a child under the age of three years old, a parent is entitled to a minimum six months of reunification services from the date of the Disposition Hearing, but not more than 12 months from the date the child entered foster care. For a child over the age of three years old, a parent is guaranteed up to only 12 months to complete a parent’s court-ordered programs. To receive more than 12 months of reunification services, the juvenile court has to find that there is a substantial probability that the child will be returned to at least one parent by the first court date after the 12-month Status Review Hearing. Status Review Hearings are generally held about every six months during this period.  

    During the Disposition Hearing, the court can do any of the following:  

    1) Dismiss the Petition: the court can dismiss the petition and close the case, however this outcome is very rare in dependency proceedings. If a petition is dismissed, your children’s court case and CFWB/social worker involvement are completely done.  

    2) Order Informal Supervision: the court can order the child(ren) to remain in both parents’ custody and order the social worker to provide services to the family under informal supervision for six to 12 months. If the family completes the programs assigned without further incident, the case is closed. The parents retains all rights.  

    3) Order Supervision with Family Maintenance Services: the court can order the child(ren) to remain in one or both parents’ custody and order one or both parent(s) to participate in family maintenance services. The court reviews the status of the case at least every six months, and if the parent(s) completes the case plan, the court can close the case. Parent retains all rights.  

    4) Release the Child to the Non-Custodial Parent: the court can place the child(ren) in the home of the parent who previously did not have custody and close the case. The court can also place the child(ren) with the non-custodial parent and keep the case open to provide the other parent with either reunification services or enhancement services. The previously non-custodial parent retains all rights, and has physical custody rights; the other parent’s parental and visitation rights are retained, but this parent has no physical custody rights.  

    Remove the Child from Parental Custody:  

    • Establish Legal Guardianship and Close the Case: the court can take a waiver of reunification services from a parent in order to place that child(ren) into a legal guardianship following a specialized assessment. The case is closed with the legal guardianship, and the parents’ parental and visitation rights remain intact; custodial rights are with the legal guardian. 

    • Place the Child(ren) with a Family Member or Non-Relative Extended Family Member and Offer Reunification Services: the court can place the child(ren) in the home of a relative and provide the parents with reunification services. Parental rights and visitation rights retained; custodial rights are with the social worker. 

    • Place the Child(ren) in a Home with a Sibling and Offer Reunification Services: if the child(ren) has/have a sibling who has previously been placed out of both parents’ home, the court can place the child(ren) in the sibling’s home and provide the parents with reunification services. Parental rights and visitation rights are retained; custodial rights are with the social worker. 

    • Place the Child(ren) in a Foster Home and Offer Reunification Services: if a parent does not provide any family members or non-related extended family members, and there are no sibling homes, the court can place the child(ren) in a foster home and provide the parents with reunification services. Parental rights and visitation rights are retained; custodial rights are with the social worker. 

    • Deny Reunification Services and Set the Case for Permanency Planning: if both parents fall under one of 17 provisions in the law, the court can bypass the parents’ right to reunification services and set a hearing to select a permanent plan for the child(ren) without allowing the parent to reunify with the child(ren); a parent can avoid bypass if the parent can show that reunification services would be in the best interest of the child(ren). The Bypass Provisions Include the Following Circumstances:  

    1) The parent’s whereabouts are unknown after the social worker made a diligent search to find them.  

    2) The parent suffers from a mental disability that prevents the use of reunification services.  

    3) The child or a sibling was previously found to be a dependent because of physical or sexual abuse, was returned to the parent after a period of removal, and has once again been removed because of additional physical or sexual abuse.  

    4) The parent caused the death of another child through abuse or neglect.  

    5) The conduct of the parent resulted in severe physical abuse of the dependent child before the child’s fifth birthday. This also includes a parent who knew or reasonably should have known about such abuse but did not take action to protect the child.  

    6) The child was declared a dependent because of severe physical harm or sexual abuse to the child, a sibling, or half-sibling by a parent and reunification services would not benefit the child.  

    7) The parent has been denied reunification services for a sibling because of re-abuse of the sibling, severe physical abuse of the sibling when less than five years old, or severe physical or sexual abuse of the sibling.  

    8) The child was conceived as a result of incest or continuous sexual abuse of a child, for denial of reunification services for the perpetrator.  

    9) The parent willfully abandoned the child, thereby creating a serious danger to the child; or the child was voluntarily surrendered under the safe-haven/safe-surrender statute.  

    10) The court ordered termination of reunification services for a sibling and the parent has not subsequently made a reasonable effort to treat the problems leading to that sibling’s removal.  

    11) Parental rights were terminated over a sibling and the parent has not subsequently made a reasonable effort to treat the problems leading to that sibling’s removal.  

    12) The parent was convicted of a violent felony as defined in Penal Code section 667.5(c).  

    13) The parent has a history of chronic use of drugs or alcohol and 1) Resisted prior court-ordered treatment in the three preceding years; or 2) Failed or refused to comply with a treatment case plan at least two prior times.  

    14) The parent waives reunification services.  

    15) The parent abducted the child or a sibling from placement and refused to disclose the child’s whereabouts or return the child.  

    16) The parent has been required to register as a sex offender.  

    17) The parent participated in, or permitted, the sexual exploitation of the child.

  • Being incarcerated does not prevent you from participating in your court ordered treatment plan, unless the court declines to order reunification services because the length of  your incarceration is longer than the minimum amount of time to reunify, which is usually six or twelve months depending on the age of your child(ren).  

    If you are or become incarcerated during the case, please consider the following options:  

    • You should ask the social worker and your facility staff about services and classes at your place of incarceration. Many incarceration facilities have in-house programs that you can participate in to address the case issues.   

    • You should ask your social worker to provide you with reading materials about parenting and other relevant topics.   

    • You should also ask your lawyer to assign social worker from their office to help you find programs to assist you in addressing your family’s needs.  

    • You may still be entitled to visits with your child(ren), as allowed by your facility.   

    It is important that you maintain regular contact with your social worker and your lawyer while incarcerated via phone calls, letters, or email.  

    If you have not spoken with your social worker in the last two months, call your lawyer.  

  • When your child is removed from your custody and the court orders reunification services, the court will hold hearings called Status Review Hearings to assess your progress in programs and whether the child(ren) is/are safe to return to your custody.  

    These Status Review Hearings occur approximately six months after you are ordered to participate in reunification services, twelve months after the child was legally considered to be in foster care, and eighteen months after the child(ren) was/were first taken out of your care. The Status Review Hearings are commonly called the (1) Six-Month Hearing, AKA the 21e Hearing; (2) the Twelve-Month Hearing, AKA the 21f Hearing; and (3) the Eighteen-Month Hearing, AKA the 22 Hearing. (Please see the Dependency Flow Chart for specific information of the standard at each hearing.) 

    During your reunification period, the social worker should be meeting with you at least once a month, providing you with program referrals, drug testing instructions (if drug testing was ordered by the court), and a visitation schedule (if ordered by the court) so that you can see your child(ren). If this is not happening, do not wait the full six months to let your lawyer know! If you have not spoken with your social worker in the last two months, call your lawyer.  

    You should sign the release of information forms so the social worker can speak with your service providers and verify your progress or completion in programs. You should request written documentation of your enrollment, participation in, and completion of all programs you attend, and email that documentation to your lawyer and the social worker as soon as you get the documents.  

    Depending on the specific circumstances of your case, you may only have six months to show the court your progress. Talk with your lawyer to understand how this may apply to you and your family. It is critical that you meaningfully participate in your court-ordered services, and  that you frequently participate in visitation with your child(ren) to show the court that you can safely and appropriately parent your child(ren).  

    If you do not show consistent, substantial progress, the court may not allow you more time to reunify and may instead look toward adoption, legal guardianship or another permanent plan outside of your custody. 

    Please See the Dependency Flow Chart for specific information of the standard at each hearing.

  • If you have complaints about your social worker, start by discussing your concerns directly with them to find a solution. If you're still not satisfied, contact the social worker’s supervisor. If the issue persists, contact your attorney and escalate the matter to the social worker’s office manager and then the deputy director. 

  • If you are unable to reunify with your children the court will set a Selection and Implementation Hearing, where the court will select a permanent plan for your child[ren] outside of your care and custody. The court can choose between (1) adoption, (2) legal guardianship, (3) placement with a fit and willing relative, or (4) another permanent planned living arrangement.  

    1) Adoption  

    If the court orders adoption as the best plan for your child(ren), your parental rights will be permanently terminated. Termination of parental rights is a court order that permanently ends the legal parent-child relationship. Visitation that occurs with your child(ren) prior to the termination of parental rights does not prevent the court from terminating your parental rights.    

    2) Legal Guardianship  

    If the court orders legal guardianship, you do not lose your parental rights, and you can generally continue to have visits with your child(ren). Make sure to ask your lawyer what your visitation rights are, because in some rarer cases, the court can order no visitation for the parents.   

    After the court orders a legal guardianship, you are still able to petition the court to reinstate your reunification services and request return of the child(ren). To submit this petition, you must show (1) a significant change of circumstances, such as completing case plan programs or continuously testing clean from drugs, and (2) that your request for further reunification services or return of your child(ren) is in the child(ren)’s best interest. If you can show significantly changed circumstances, contact the law firm that previously represented you.  

    3) Placement With a Fit and Willing Relative 

    This option is selected when the child is living with an approved relative who agrees to continue providing a stable and permanent living environment for the child, but where the relative is not willing to be an adoptive parent or legal guardian. The child is not removed from this relative if the court determines that removal would be seriously detrimental to the emotional well-being of the child due to the strong bond and psychological ties between the child and relative caregiver.  

    4) Another Planned Permanent Living Arrangement  

    In some cases, for children older than 16 years old, adoption or legal guardianship may not be the best option. In these instances, the best plan for your child(ren) may be to stay in their current placement and work towards independent adulthood. No Permanency Hearing is set, and there is no risk of termination of parental rights in these cases.  

    This generally does not change your visitation rights. The social worker assists your child(ren) with continuing school or finding a job, and helps prepare your child(ren) to be a successful adult.  

  • Anytime you have questions or any new information that you believe is relevant to your case. You should also notify your lawyer if you believe the court’s orders are not being followed by the social worker or anyone else in the case. Your lawyer can also provide you contact information for your social worker in the event you don’t know who they are or in case they are replaced with a new social worker. 

  • To better locate and care for children of Native American (American Indian) tribes, the court is required to ask you about any potential tribal ancestry. Your lawyer and the judge will ask you whether you have any Native American (American Indian) ancestry, likely at every hearing, and the social worker will ask your family members if they know of any Native American (American Indian) ancestry. These questions are required under federal law and do not impact whether you receive services or what findings the court may make at trial about the allegations. The Tribes notified may choose to participate in the hearings and provide input on potential placement of your child/children. 

    If you are part of a United States federally recognized tribe the court will contact the tribe and ask if they want to participate in the proceedings. If you are part of a non-federally recognized tribe, the court has the option to allow the tribe to participate in the hearings. 

    If you have proof of membership in any tribe, you should provide it to the social worker or your lawyer as soon as you can.