Once upon a time, I have always pondered why some cases take forever to start and others start so reasonably and abnormally fast. I have seen lots of delays before caseworkers even start(by the court) a detention/shelter hearing and I have seen pretty fast ones as well. From numerous cases I have read about, heard about and personally experienced while assisting others, I have seen detention or other hearings range apart so widely in time frame.
The fastest I have seen so far for a detention hearing was the next day after caseworkers removed a child from his home(typically within 24 hrs), in contrast, I have seen a detention hearing being held 25 days after a child was removed from the comfort of her home. These varying times bugs my mind and I thought it was normal during the early stage of me being involved with CPS matters. As a matter of fact, the act of varying times is hugely unconstitutional and also unsupported by court rules. What troubles me more greatly aside its unconstitutionality, is that parents who are being preyed upon by CPS do not know the limit to the delays caseworkers can make, for the most part, such parents are hugely ignorant of their fundamental rights thereby being cheated and knocked off their right to so many things(e.g preparation for a case).
For a detention/shelter hearing, jurisdictional hearing or a dispositional hearing, the right to a "speedy hearing/trial" that is fundamental to a criminal case is also fundamentally grounding in CPS cases. This is what the Sixth Amendment Right treated. Caseworkers might want to argue this fact, but you can point out that this is also hard-nailed into the "due process of law". One other dust that might arise is that of a case being "speedy". Caseworkers might want to argue what constitute a "Speedy hearing", and make you believe that they are legally permitted to vary the time as they deem fit. Yes!, the term "Speedy" is subject to varying time, but despite all that, the interpretation of the term is strongly contextual in the legal world.
Oh wait, when it comes to the world of CPS, the legal implication of "speedy hearing/trial" is well spelled out in black and white. The term speedy is guided by Court rules and even spelled out in State statutes. Even some CPS handouts contains the length of days before a detention, jurisdictional or dispositional hearing. It is well spelled out and they must keep to this statutes and court rules else they risk infringing on your right to a speedy trial or your entitlement to due process and risk being prosecuted.
Time Frames After Removal
Caseworkers MUST file a petition of child abuse within 48 hrs(2 days) after child removal and a shelter hearing MUST be held within the next court day. This is because your child can't be held without a ruling of detention for more than 72 hrs.
You have the right to have your trial/ jurisdictional hearing within 15 days of detention hearing if CPS won the detention hearing. But if your child remains under your care, you have the right to hold your trial hearing within 30 days of the shelter hearing.
A little deviation in the timing might be caused by court holidays or weekends. For example, invoking the right to a not-more-than 72 hrs before detention hearing would be void if this merges up with a weekend. When a child is taken on Monday, the detention hearing must take place not more than the end of the next court day after the 2 day period of petition filing, whereas, a child taken on a Thursday would mean a detention hearing would take place on Monday(More than 4 days!). The trick is that of "Next Court Day".
Are you wondering why you need to know all this? many families have been cheated, children held for weeks and kept in constant pain without the right to do so in the first place. Let this be known, the sooner you get your children off CPS the better for your family, your pocket, your children and most especiall, your HOME!. Control your time and don't be bullied..
Fight For The True Interest Of Every Child Worldwide
Peace to you all,
MakeBloom
( @kryptocoin )
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