When will I get my child back?

STEP 1: Child is Removed

STEP 2: 72-hour Hearing

STEP 3: Court Investigation

STEP 4: Investigation Report Filed

STEP 5: Pre-Trial Conference

STEP 6: Permanency Plan Filed

STEP 7: Permanency Hearing

STEP 8: Trial (“Hearing on the Merits”)

STEP 9: Findings & Judgment (judge’s decision)

The court will automatically assign you a lawyer as soon as the judge approves the removal of your child. It is the responsibility of the lawyer to reach out to you as soon as they get your information. It is important that you answer the phone calls or return numbers during this time. The lawyer will only have 72 hours for the 72-hour hearing, which will be the first time you will be able to tell your side of the story. At this point, the judge can keep the family court child. If not, this will be the beginning of a much longer Care & Protection trial process.

You may go to court without a lawyer. This is called appearing “pro se” (for yourself). It is our experience that it is very hard to represent yourself in care and protection cases because you typically need a legal background to be successful.

When you go to court, you will need a lawyer to speak on your behalf and help you navigate this complicated situation. A lawyer can help you have a voice in deciding what happens to your child.

Your lawyer has experience working with DCF and juvenile court judges, and they know how to negotiate with DCF and speak for you in court. Your lawyer will give you advice and talk to you about the different choices you have. You should make sure that you understand your lawyer’s advice so that you can make the best decisions for yourself and your family.

There will be many lawyers involved in your case (your lawyer, your child’s lawyer, DCF’s lawyer at minimum). Grandparents and other family members often do not get lawyers unless they ask the court and the court allows it.

Your lawyer may give you advice that is different from the judge. They might work well together in the same courtroom, for example. This does not mean your lawyer works for anybody but you.

There are five potential outcomes to your Care and Protection court case:

• Custody is returned to you or to the child’s other parent

• Custody of your child is returned to you or another caretaker when DCF supervision ends

• Another person is given guardianship of your child

• DCF maintains custody of your child

• Your parental rights are terminated and your child is freed for adoption