DCFS Took My Child in Los Angeles: The First Steps to Bring Them Home

When the Los Angeles County Department of Children and Family Services removes a child, the law moves fast, and so must you. DCFS has 48 hours, not counting weekends and court holidays, to file a petition or return your child. A detention hearing at Edmund D. Edelman Children’s Court in Monterey Park follows. The steps you take in that window decide how strong your position is when a judge first looks at your case.

Hour by hour: what is happening right now

1. Your child is placed. DCFS places the child with an approved relative if one is ready, or in an emergency foster home. Children removed from a hospital may stay there until medically cleared.
2. The CSW writes the detention report. This report tells the judge why DCFS believes removal was necessary. It is written quickly, often from limited information.
3. County counsel prepares the petition. Under Welfare and Institutions Code section 313, the petition must be filed within 48 hours of removal, excluding nonjudicial days.
4. The detention hearing is set. Under section 315, it must be held by the end of the next court day after the petition is filed.

Five things to do before the detention hearing

1. Get the facts in writing. Ask the CSW for their name, supervisor, regional office, where your child is placed (or why that is being withheld), and the hearing date.

2. Give DCFS relative names now. California gives relatives preferential consideration (sections 309, 319 and 361.3). Grandparents, aunts and uncles, adult siblings and close family friends should call the CSW directly, offer their home, and agree to a home check and background clearance.

3. Do not discuss the allegations with anyone involved. Not with your child during a call or visit, not with the other parent, and not online. Statements end up in reports.

4. Gather proof of stability. Pay stubs, a lease or mortgage, school and pediatric records, letters from a therapist or physician, and proof of any program you have started.

5. Retain counsel. The court will appoint a lawyer at the hearing if you qualify. Many families retain private counsel so someone is working on the case before the hearing: contacting DCFS about relatives, gathering evidence, and preparing your testimony.

What happens at the Edelman detention hearing

The judge decides whether your child will remain out of your home while the case moves forward. Under section 319, the child must be released unless DCFS shows a substantial danger and no reasonable means to protect the child without removal.

At the hearing the judge also:

• Appoints counsel for you and your child if needed
• Sets visitation
• Addresses relative placement
• May release the child home under conditions
• Sets the next hearing date

If your child stays detained, the jurisdiction hearing is generally set within 15 court days (section 334). That is where the court decides whether the petition’s allegations are true.

A guide to the courthouse itself is available at Edelman Court CPS Lawyer, and the official court page is at lacourt.ca.gov.

Hospital removals

Many LA County removals start in a hospital emergency room or NICU. A positive newborn toxicology screen, an unexplained fracture, or a head injury can lead to a hospital hold and a DCFS referral the same day. These cases often involve a forensic exam at one of the county’s Medical HUB clinics. Medical explanations, including conditions that mimic abuse, need to be raised early, ideally before the detention hearing.

The path home

Most children who are removed are eventually returned. The fastest path usually combines three things: an early, well-supported challenge at the detention hearing, steady compliance with visitation and services, and counsel who keeps pressure on DCFS to move from monitored to unmonitored visits and then to return. For how the investigation phase works, see how long a DCFS investigation takes in Los Angeles, and for the rights you keep throughout, see your rights when DCFS is investigating you.

Frequently asked questions

How fast will I see a judge after DCFS takes my child?
DCFS must file a petition within 48 hours of removal, excluding weekends and court holidays. The detention hearing follows by the end of the next court day.

Can my child stay with family instead of foster care?
Often, yes. Relatives get preferential consideration. Have them contact the CSW immediately.

Will I be able to see my child?
The judge sets visitation at the detention hearing. Visits are often monitored at first.

Can DCFS take my child without a court order?
Only in an emergency where there is reasonable cause to believe the child faces imminent danger of serious harm. Otherwise DCFS needs a removal order.

Call now, before the detention hearing

Call 866-811-4255 to speak with a Los Angeles DCFS defense lawyer. Learn more on the Los Angeles CPS Lawyer home page.

This article is general information about California child welfare law and is not legal advice. Reading it does not create an attorney-client relationship. Every case is different; speak with a licensed California attorney about your situation. Attorney advertising.