Practice Area
Initial Detention Hearing
After the child has been removed from their parent or guardian’s custody, the juvenile court will hold an initial court hearing the following court day after the petition is filed. The initial hearing is referred to as the “detention hearing”. During the detention hearing, the judge will have a chance to review the facts of the case and decide whether it is in the best interest of the child to be removed from their home and be placed either in custody with relatives, be placed in temporary custody of the Department of Social Services, or returned home to their parent(s) or guardian(s).
It is important to note when a child is removed from the physical custody of his or her parents, preferential consideration is given to a request by a relative of the child such as an aunt, uncle, or grandparent (Welfare and Institutions Code Section 361.3). The social workers must make a diligent effort to locate appropriate relatives and investigate anyone who is recommended by the family as caretakers.
However, it is not required that the court place the child with a relative. In determining whether placement with a relative is appropriate, the county social worker and court will consider many different factors including, the child’s best interest, the parent’s wishes, and the safety of the relatives home (Welfare and Institutions Code Section 361.3(a)(1)-(8)).
If you know of a relative or a trusted individual who can provide your child with a safe and temporary home let your lawyer know immediately and provide your lawyer with their name and contact information.
