To physically take custody, the court must also find that removal from the home is necessary for the children’s safety and well-being; otherwise, if it makes one of the above findings, the court can grant CYS legal custody over the children but allow the children to remain in the home.

Without this court order, you do not have to consent to letting CYS remove your children. However, accepting the services they offer can be beneficial to you and your family. These services may help you avoid the extensive time, difficulties and stress of dealing with Juvenile Court, and they can help you and your children.

The amount of required evidence is extensive, as they would have to prove the following:

• another family is ready and able to adopt;
• termination of your parental rights will best serve the children’s needs and promote the children’s welfare; and
• you:
  • have not attempted to contact or parent the children for at least six months;
  • have demonstrated abuse, neglect, refusal or incapability to parent, and that cannot or will not be fixed;
  • have been unable to be found by CYS after at least 3 months of diligent searching for you;
  • have remained unlikely to fix conditions that led to placement of your children after at least a 6 month trial period;
  • have not had custody or progress towards custody after 12 months;
  • have been convicted of homicide, serious assault or an attempt or conspiracy to commit either; or
  • have committed sexual abuse, as determined by a court.

In Juvenile Court dependency cases, before that occurs, the court must find that reunification is no longer the primary goal and that adoption is now the goal. After at least 15 months have passed in a Juvenile Court case, CYS must make a “permanency” recommendation to the court – that is, whether to recommend a final order of reunification or adoption.

In the specific case of an investigation into suspected abuse, a caseworker will investigate and make a determination within 30 days. There are three possible findings, where abuse is listed as:

• Indicated: there is substantial evidence of abuse
• Founded: a court has found abuse in a criminal, dependency or Protection From Abuse (PFA) action
• Unfounded: there is not substantial evidence of abuse or a court finding of abuse

If the finding is “indicated,” you can appeal to Department of Human Services’ Bureau of Hearings and Appeals.  You should closely review all paperwork and contact us for advice.

If CYS were to take your children, stay calm and try to work closely with your CYS caseworker.  Follow reasonable recommendations for services and cooperate with those services.  Showing your willingness to comply and work towards a solution will go a long way in resolving your case.

Meanwhile, make sure you are closely following the court’s requirements. You will have multiple opportunities to present your case to the court about why your children should be returned to you.  Finally, remain in close contact with your juvenile dependency lawyer and follow their advice.