The Timeline Once CPS Decides to File

If CPS decides to file a dependency petition, the case moves quickly, and the timeline depends on whether your child was removed.

If your child stays home:

•       You may be asked to sign a written promise to appear (Welfare and Institutions Code 310).

•       The petition is filed, and the first hearing must be held within 15 court days after filing.

If your child was removed:

•       CPS has 48 hours (excluding weekends and holidays) to file a petition or release your child.

•       The detention hearing must be held by the end of the next court day after the petition is filed.

Notice you must receive:

•       The date, time and place of the hearing, your child's name, and a copy of the petition

•       Oral notice if you can't read, and notice in your language if you don't read English

•       Written notice can't be served by email

CPS must use due diligence to find and notify both parents, including alleged fathers, even if they live in another state.

These deadlines leave very little time to prepare. The work you do during the investigation, before any petition is filed, often shapes what happens at the first hearing. That's why I encourage parents to get legal help as soon as CPS makes contact, not after the petition arrives.

If CPS is investigating your family, call me at (855) 472-7368 for a free consultation.