My child was placed in foster care while i was incarcerated. what can i do to reconnect?
As we explained on PG. 761, a child is placed in foster care when Child Protective Services takes custody of a child due to a concern that the child’s parents or caregivers are unable, unwilling or unfit to care for the child. The goal of foster care is to reunify with their parent(s) or guardian or find another suitable permanent living arrangement. CPS files a juvenile dependency petition in dependency court when the child is removed from his/her home and placed in a foster home.[2450] You can make sure you are involved in every step of the legal process as your child is placed in foster care.
First, you should get in contact with Child Protective Services (“CPS”) as soon as you are incarcerated and tell them where you are and that you want to be involved as soon as there is a case regarding your child.Second, you have a right to be present and represented by a lawyer at all of the following hearings:
- Detention Hearing
- Jurisdiction Hearing
- Disposition Hearing
- Status Review Hearing
- Permanent Plan Hearing
Remember! California Penal Code section 2625(d) gives incarcerated parents the right to be transported to court for jurisdictional and dispositional hearings in dependency court. [2451] This means you have the right to be physically present at all the hearings involving CPS and your child in dependency court. See PG. 742 for more information about asserting your right to be present at such hearings.
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Third, most important for you will be the disposition hearing, where the court will decide what you need to do to reunify with your child. CPS will write a case plan that you must follow if you want to reunify with your child upon your release.. At this hearing you can request that the court order several ways to keep in contact with your child including:
- Collect phone calls between you and your child on a regular basis
- Visits with your child
- A plan to transport your child for visits
- Counseling for you
- Counseling for your child
- Other services for you or your child
- Services for extended family or Family Preservation Services. [2452]
Finally, the court will be more likely to return your child to you during Status Review Hearings if you:
- Follow the case plan (reunification requirements)
- Visit your child as often as possible
- Live in a safe place
- Get a job that you can support your family on
- Follow all probation or parole rules.
- 2450
Cal. Welf. & Inst. Code § 300 (CPS will file a petition in juvenile dependency court if it believes that "there is a substantial risk that the child will suffer serious physical harm or illness by the inability of the parent or legal guardian to provide regular care for the child."). ↑
- 2451
Cal. Penal Code §2625(d). See also Manual on Transportation to Court for Hearings Affecting Prisoners’ Parental Rights, available at http://www.prisonerswithchildren.org/wp-content/uploads/2013/07/Transportation-to-Court-2013.pdf. ↑
- 2452
Cal. Welf. & Inst. Code § 361.5(e)(1) ↑