Stability Can Help Speed Up Your DHS/CPS Case

The juvenile court system can be overwhelming and confusing for parents. The reality is that this division of the court is probably the most universally frustrating that I’ve encountered.

It’s often too adversarial to be productive. The system that may be fine in theory rarely functions as designed. This leads to cases getting drug out longer than the children involved need. So, I have found that one of the best ways to understand these courts, particularly for parents with no legal expertise, is to shift the focus to the primary goal: getting your children back. The guiding question my clients and I must go always back to is, what do we do to get the kids back as soon as possible.

With that broad idea in mind, I want to share some advice based on an article from a local juvenile judge that I recently read. He emphasized the need to take actions to stabilize the juvenile and family. Truthfully, he wrote it in a way I had not heard it spoken by anyone before. In reading it, I considered all of my previous cases, and it was clear how his statement fit with what I had observed. Whether the juvenile courts recognize it or not, whether it’s correct or not, it is apparent to me that the stability factor is generally of highest priority.

The sooner a parent can prove to the court that they not only have rehabilitated themself but have done so in a way the court can trust is permanent, the sooner the children come home. What does this mean from a practical standpoint? It means that if you are not keeping a stable life, it will negatively impact your goal of getting your children back as soon as possible. E.g. changing homes frequently; changing jobs frequently; changing significant others (or even non-romantic serious relationships). These types of things may not seem like that big of an issue when it comes to fitness of a parent, but it matters to the court. The court needs to know what kind of home it is sending a child back into, not just who is getting custody. In my experience, the parents that follow the case plan AND have stable living situations and stable relationships almost always have a faster path to getting their children back. Parents that follow the case plan but still have stability issues are much more like to go a year or more before regaining custody.

To be clear, I’m not advocating as to whether this is the right or the wrong approach for the courts. In advocating for my clients it is best that we are realistic about the system in which we are operating and to help my clients understand it for what it is.