DCFS Took My Child in Los Angeles. What Do I Do in the First 48 Hours?

Call a dependency lawyer now, write down exactly what happened, and give DCFS the names of relatives who can take your child. The law moves quickly after a removal, and the first court hearing can happen within days.

The deadlines that control the next few days

Under Welfare and Institutions Code section 313, DCFS generally must release a child within 48 hours of taking custody unless a dependency petition is filed. Weekends and court holidays do not count in that period.

Once a petition is filed, section 315 requires a detention hearing as soon as possible, and no later than the end of the next court day. In Los Angeles County, that hearing takes place at the Edmund D. Edelman Children’s Court in Monterey Park.

Six things to do now

1. Get the worker’s information. Write down the name, office, supervisor, and case number.
2. Write your timeline. Record who came, what was said, what was signed, and who was present.
3. Do not give a statement alone. Anything you say can appear in the detention report. It may also reach law enforcement.
4. Name relatives immediately. Give DCFS the names and phone numbers of family members who can care for your child. Section 309 requires DCFS to assess relatives, and section 361.3 gives them placement preference.
5. Gather records. Pediatric records, school records, medication lists, and photos of the home can answer the allegation directly.
6. Preserve messages. Keep texts and emails. Do not contact the reporting party or post about the case.

What the court decides at the detention hearing

The question is narrow. Under section 319, the judicial officer decides whether there is enough evidence that your child falls under section 300 and whether your child must stay out of your home to be safe. The court must also consider whether services can make return safe now.

This is often the best early opportunity to bring your child home. A prepared lawyer can present a concrete safety alternative: a parent moving out temporarily, a relative in the home, or specific supervision terms.

Privately retained counsel

The court can appoint a lawyer under section 317, and appointed counsel do important work. Some families also choose a private lawyer so that counsel can act before the first hearing, speak with DCFS early, and coordinate with a pending custody case, licensing board, or employer issue. Dependency records are confidential under section 827, and your lawyer can help you avoid disclosing more than necessary.

FAQs

Can DCFS take my child without a warrant? Only in limited circumstances, generally when there is reasonable cause to believe a child is in immediate danger.

Can I see my child before the hearing? Ask right away. Your lawyer can press DCFS for a visit, and visitation can be addressed at the hearing.

Can my child stay with a grandparent? Often that is the first goal. Give DCFS the relative’s information immediately.

What if the other parent was not involved? A non-offending parent may be able to seek placement. Raise this before the hearing.

Has DCFS removed your child?

Call 866-811-4255 now. ALL Trial Lawyers answers 24/7 and can begin preparing before the detention hearing.

Disclaimer: This article is general information, not legal advice, and does not create an attorney-client relationship. Every case depends on its facts.