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| Days Approximate |
Action | Description of Action |
| 0 | Removal | Actual physical removal of the child from a (suspected) dangerous situation |
| 3 | Petition Filed (72 hours) | The Court's involvement in dependency proceedings begins when a petition is filed. "Any interested party" may file a dependency petition. Usually the petitioner is CPS but it may also be a grandparent, a non-custodial parent, or any person who is concerned for the welfare of the child. The petition must be verified and (if the child has been removed from the physical custody of the parent) be filed within 72 hours. |
| 5-7 | Pre-hearing conference | The preliminary protective hearing shall be preceded by a pre-hearing conference occurring out of the presence of the court. The preliminary protective hearing shall occur immediately following the pre-hearing conference. The pre-hearing conference shall be conducted with the objective of maximizing the opportunity for non-adversarial resolution of issues. The pre-hearing shall be conducted by a person designated as a facilitator by the court to discuss the primary issues. The primary issues are temporary custody and placement; visitation, if appropriate, and the provision of services to the child and family. At the conclusion of the pre-hearing conference the participants shall attend the preliminary protective hearing. At the preliminary protective hearing the court may consider any agreements reached by the parties during the pre-hearing conference and, if approved, order them into effect. |
| Preliminary protective hearing | The first hearing in the dependency proceedings is the preliminary protective hearing (PPH). This hearing must be held five to seven working days after the child has been taken into custody. The hearing may be continued once for no more than five days. At the hearing, the Court shall enter orders regarding the placement of the child pending the determination of the dependency petition and visitation, if any, if the child is not returned to the parent or guardian. The Court shall also determine if the tasks and services set forth in the case plan are reasonable and necessary to carry out the case plan. | |
| 30 | Initial Dependency Hearing | This hearing is held only for parents or guardians who did not appear at the preliminary protective hearing, and must be held within 21 days after petition is filed. If the parent does not appear and the court finds that the parent was properly served, the court may enter a default judgment. If the parent appears, the court must advise him or her of the right to counsel and appoint a lawyer if requested and the parent is indigent. The court must also advise the parent of his or her right to trial on the petition. |
| Settlement Conference / Mediation | Before an adjudication hearing can be held, the law requires that the parties attempt to reach a non-trial resolution of the case through a settlement conference, mediation or pretrial conference. No specific procedure is required, and the court has the discretion to pursue what it believes to be the appropriate course. Whatever method is chosen, however, the court must adhere to the 90 day time limit for adjudication in setting the dates. |
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| 160 | Dependency Adjudication Hearing Completed (90 days from service) | If the parties are unable to achieve a non-trial resolution of the case, a contested dependency adjudication hearing must be set. This hearing must be completed within 90 days after service. The hearing may be "extended" for up to 30 days for good cause or in extraordinary cases as prescribed by the Supreme Court. |
| 188 | Disposition Hearing (no more than 30 days after adjudication) | Once a child has been adjudicated dependent, state law requires the court to enter certain orders regarding "the proper disposition of the case." These orders set the direction of the case and outline what is expected of all the parties. They include:
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| 365 | Dependency Review (6 months after disposition and every 6 months thereafter) | The purpose of the review hearing is to determine (in CPS cases) whether CPS is making reasonable efforts to provide services to the child and the child's family to facilitate reunification or, if ordered, to achieve another permanent plan for the child. In all cases, the court must review the parents' participation in services. Ultimately, the court must determine whether the child can be returned home safely and if the dependency can be dismissed. |
| 365 | Permanency Hearing (no more than 12 months from removal) | At this hearing, the court must decide what "permanent legal status" is the appropriate permanent plan for the child. If the court ordered at disposition that reunification services not be provided to the parents, this hearing must be held within 30 days. |
| 407 | Initial Termination / Guardianship Hearing (30 days from Permanency Hearing) |
At this hearing, the court must determine whether the parents have been timely and properly served, and whether they intend to oppose the motion or petition to terminate their parental rights. Initial Termination Hearing: If the court finds that parents have been properly served but fail to appear at the hearing, the court may find that the parents have waived their rights and are deemed to have admitted the allegations of the motion or petition. Initial Guardianship Hearing: The court must order an investigation of the factors which the court must consider in determining whether a permanent guardianship should be established. This investigation must also consider whether the prospective guardian is a fit and proper person and whether the best interests of the child would be served by establishing a guardianship. |
| 537 | Termination / Guardianship Hearing (90 days from Permanency Hearing) |
At this hearing, the court will hear evidence from the parties and consider the investigative report prepared pursuant to the court's order. Termination Hearing: If the court grants the petition or motion, it must enter an order setting forth specific findings regarding jurisdiction and grounds. The court must appoint a guardian for the child and fix responsibility for the child's support. If the court does not terminate the parent's rights, it must dismiss the petition. However, the court may enter appropriate orders regarding the care and supervision of the child. Where a dependency case is pending, the court must also ensure that a review hearing has been set. Guardianship Hearing: At this hearing, the court will hear evidence from the parties and consider the investigative report prepared pursuant to the court's order. The court must also consider the wishes of any minor 14 years or older. If the court finds that grounds for the guardianship have been proven and that guardianship is in the child's best interest, it may grant the motion. |