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Can a CPS Case Be Dismissed? The judge can dismiss a CPS case if it determines CPS has not provided enough evidence to substantiate the allegations. In such cases, CPS cant continue its investigation unless the family gives their consent.
JV-100 Juvenile Dependency Petition (Version One) (Welfare and Institutions Code, 300 et seq.) Page 1. JV-100. For counties filing a separate dependency petition for each child or for counties using Additional Children Attachment (form JV-101(A)) ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address
Family reunification order This order grants parental responsibility for the child to the Secretary of the Department of Health and Human Services (the department), with the limitation that parents agreement is needed about major long-term issues. It will usually include conditions.
Parents and guardians have the right to deny any allegations made by CPS. Parents always have the right to an attorney throughout the entire process, including a court-appointed one if a family cannot afford one on their own. Parents also have the right to attend all court hearings pertaining to their case.
Court Resolution: Within 12 months of giving CPS temporary legal responsibility (temporary managing conservatorship) for a child, the court will either return your child to you or give permanent custody to a relative, a close family friend, or to CPS.
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How long will the case stay open? If CPS files a court case, you have only 12 months to show the court that your children can be safely returned to you. Safety Plans and Family Based Safety Services can be from 60 90 days or longer, depending on what is needed.
In order to get a child back from CPS, it may serve an individual well to adhere to the following tips: Remain calm. Provide necessary information to the investigator regarding friends or family that can temporarily take your child. Be sure to get a proper statement as to why your child is being taken out of your care.
In most cases the prosecutor will tell you their decision within 30 working days (about six weeks). If the review is likely to take longer than this, for example if there is a lot of evidence to consider, then we will let you know how long the review is likely to take and keep you updated with our progress.
A parent must use this if they are giving up their right to get services to help their child live with them again.
States a courts decision on the request to change a court order, without holding a hearing on the request.

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