Reunification Plans: What Are They and How Do They Affect Custody

Understanding Reunification in California Juvenile Dependency Cases

When a child is removed from a parent’s care by Child Welfare Services (CWS), the immediate concern for most parents is whether they will ever regain custody. In California, the juvenile dependency system is designed not just to protect children—but to help families repair, rebuild, and reunify when it is safe to do so.

That’s where reunification plans come into play. These legally mandated service plans give parents the opportunity to address the issues that led to removal, with the ultimate goal of bringing their child home. But not all parents understand how reunification plans work, how they relate to custody rights, or what happens if the plan isn’t successful.

This article breaks down what a reunification plan is, how it impacts custody and visitation, and how parents can navigate the process effectively in California dependency court.

What Is a Reunification Plan?

A reunification plan—sometimes called a “case plan” or “family reunification services”—is a court-ordered program created after a child is removed from a parent’s care in a juvenile dependency case. These plans are designed to correct the issues that led to the child’s removal so that the parent can regain custody safely.

Under California’s Welfare and Institutions Code §361.5, reunification services are offered to most parents when a court finds that:

A child has been abused, neglected, or is at risk of harm, and
The court believes reunification is possible with appropriate intervention

The services in the plan are tailored to the specific needs of the case and typically include steps like:

Parenting education
Substance abuse treatment or testing
Domestic violence counseling
Mental health evaluations or therapy
Anger management
Case management and social worker visits

The court may also include requirements for consistent visitation, safe housing, employment, or participation in the child’s school or medical care.

Who Gets a Reunification Plan?

In most cases, both parents are offered reunification services, even if only one was the subject of the original allegations. The law presumes that keeping families together is in the child’s best interest whenever possible.

However, reunification services may be bypassed under certain conditions—especially if the parent has a history of severe abuse, a prior failed reunification case, or has been convicted of specific violent crimes. In those situations, the court can move directly toward permanency planning, such as guardianship or adoption.

If you’re unsure whether you’re eligible, a dependency court attorney can review your case and determine whether reunification is the appropriate path forward.

How Long Does Reunification Last?

Reunification plans are time-sensitive. California law sets strict time limits for how long a parent can work toward reunification before the court must consider alternative permanent plans for the child.

The general timelines are:

6 months for children under age 3
12 months for children age 3 and older
Up to 18 months in exceptional cases, if reunification is likely

These deadlines begin on the date of the child’s removal, not when the parent starts participating. If you delay services or miss court hearings, you may lose precious time in the reunification window.

That’s why early compliance is critical. Parents who jump into services, attend every hearing, and build a record of participation are more likely to regain custody within the court’s timeframe.

What Happens at Review Hearings?

Once the reunification plan is in place, the court will schedule regular review hearings—typically every 6 months. At each hearing, the judge will consider:

Is the parent complying with the case plan?
Has the parent made measurable progress?
Is the child’s safety ensured?
Is reunification likely within the next review period?

The court relies heavily on reports from the assigned social worker, the minor’s attorney, and any involved therapists or evaluators. Your behavior between hearings matters—missed appointments, failed tests, or late visits can all be cited as lack of progress.

If the court finds that progress is sufficient, it may expand visitation or begin trial placements where the child returns home part-time. If progress is not made, the court may terminate services and move to a permanent plan such as guardianship or termination of parental rights.

How Reunification Affects Custody

During the reunification process, custody is suspended or significantly restricted. The child may be placed with the other parent, a relative, or in foster care while the court evaluates each parent’s ability to safely resume care.

Your goal is to use the reunification plan to demonstrate that you can meet your child’s physical, emotional, and developmental needs. Custody may be restored gradually—beginning with supervised visits, moving to unsupervised time, overnights, and eventually full reunification.

At the end of a successful reunification case, the court will issue what’s called an “exit order,” which creates a custody and visitation structure for the future. That order becomes enforceable in family court.

However, if reunification fails, the court can:

Award custody to the non-offending parent
Place the child in long-term foster care or guardianship
Terminate parental rights and move toward adoption

This is why engaging with the plan early and consistently is so important. The reunification plan is not just a checklist—it’s your legal opportunity to preserve your parental rights and regain custody.

What If Only One Parent Is Reunifying?

In many cases, only one parent is accused of abuse or neglect. If the other parent is deemed safe and suitable, the child may be placed with that parent under California Welfare and Institutions Code §361.2.

Even if you are the non-custodial parent at the time of removal, you may gain full physical custody while the other parent works through reunification. That said, the court may still expect you to:

Support the reunification process
Ensure the child attends court-ordered visitation
Cooperate with services if concerns arise

If the other parent is successful, custody may be shared again. If not, the court may convert your physical placement into a permanent custodial arrangement.

What Happens If You Fail the Reunification Plan?

If the court determines that reunification is not possible within the allowed time, it may terminate services and schedule a WIC §366.26 hearing, where a permanent plan is selected. That may include:

Legal guardianship with a relative or foster parent
Adoption by a caregiver or relative
Long-term foster care (rare)

If the court moves to terminate your parental rights, your ability to seek custody later may be permanently lost.

However, parents who show late but meaningful progress can sometimes request additional time—especially in cases involving mental health recovery or substance abuse treatment. Your attorney can help you argue for more time if you can prove that reunification is likely soon.

Tips for Successfully Completing a Reunification Plan

Start Immediately
Don’t wait for your attorney or social worker to chase you. Sign up for classes, attend therapy, or get evaluated right away.
Show Up for Everything
Every visit, every test, every meeting counts. Your consistency builds credibility with the judge and caseworker.
Keep Detailed Records
Log every interaction, appointment, and completed task. Save certificates of completion, sign-in sheets, and progress notes.
Communicate Respectfully
Be polite and professional with all involved parties, even if you disagree. Avoid conflict with your ex, the social worker, or the monitor.
Stay Sober and Stable
If substance abuse or mental health issues were part of the case, prioritize recovery. Attend meetings, follow medication protocols, and document everything.
Maintain a Safe Home
Secure housing with enough space for your child, working utilities, and a clean, stable environment.
Work With Your Attorney
Be honest with your lawyer, follow advice, and prepare for each court hearing as if it’s your only chance to tell your story.

What Happens After Reunification?

If reunification is successful and your child is returned to your care, the court will usually keep the case open for a short time to monitor stability. If everything goes well, the case is closed and the custody order becomes permanent.

This exit order then transfers to family court and becomes enforceable under the Family Code. It can be modified in the future if circumstances change, but it is often treated as the new baseline for all custody decisions going forward.

If you were the non-custodial parent before reunification, and you now have custody, you’ll need to understand how to manage parenting time, co-parenting responsibilities, and transitions—all while maintaining the progress you demonstrated to the court.

Final Thoughts

Reunification plans are a powerful legal tool that gives parents a chance to address concerns, rebuild trust, and regain custody of their children. While the process is not easy, it is absolutely possible with the right mindset, support, and legal guidance.

At Minella Law Group, we help parents in San Diego and throughout California navigate every stage of the reunification process. Whether you’re just starting your case plan or are approaching a key review hearing, we’re here to advocate for you, protect your rights, and help you bring your family back together.

Ready to Reunify With Your Child?

Don’t leave your family’s future to chance. If you’ve been ordered to complete a reunification plan or are worried about losing custody, we can help you understand the system and build a strategy that works.

📞 Call Minella Law Group today at 619-289-7948 to schedule a confidential consultation with one of our family law specialists. We’ll listen to your concerns, assess the situation, and create a clear strategy tailored to your goals.

📝 Prefer email? Fill out our online contact form and a member of our legal team will get in touch with you promptly.

Kathy Minella In Child Welfare

What Happens When CWS Gets Involved in a Custody Case in California?

When Child Welfare Services (CWS) becomes involved in a custody case, it can be one of the most emotionally and legally disruptive events a parent can face. Whether you’re in the midst of a contested custody battle or co-parenting under an existing order, the arrival of CWS changes everything. Many parents are left confused, frightened, and unsure of what rights they still have. The good news is that understanding the process can help you regain control and protect your relationship with your child.

This article explains what triggers CWS involvement, how it affects custody orders, and what parents in California—especially in San Diego County—should expect when CWS steps in.

Why Does CWS Get Involved in Custody Matters?

Child Welfare Services is a government agency tasked with investigating reports of child abuse, neglect, or unsafe conditions in the home. CWS involvement is not always an indication of wrongdoing, but once a report is made, the agency is required by law to follow up and assess the child’s safety. In some cases, the allegations turn out to be unsubstantiated. In others, the findings may lead to serious changes in custody or even court intervention.

Referrals to CWS can be triggered by a wide range of sources. Mandatory reporters such as teachers, doctors, and therapists are required to report any suspected abuse or neglect. Reports also frequently originate from anonymous sources, neighbors, or—quite commonly during custody disputes—the other parent. Accusations might include physical abuse, emotional abuse, sexual abuse, neglect, substance use in the home, domestic violence, medical neglect, or chronic truancy. Even an isolated comment from a child at school can initiate an investigation.

What Happens When a CWS Investigation Begins?

After receiving a referral, CWS conducts a screening to determine whether the report meets the legal threshold for investigation. If it does, a social worker is assigned to the case. The investigation process typically begins with a visit to the child’s home, which may or may not be unannounced. The social worker will interview both parents (if available), the child or children involved, and sometimes additional individuals such as teachers, caregivers, or relatives.

The home itself will be assessed for safety and adequacy. Caseworkers will look for obvious hazards like exposed wiring or unsanitary conditions, but they’ll also take note of things like whether food is available, whether children have proper sleeping arrangements, and if the utilities are functional. If there are visible injuries, photographs may be taken. The goal of the investigation is to assess whether the child is currently safe and whether there is a risk of harm moving forward.

During this period, you may be asked to provide documentation such as school attendance records, medical history, or proof of therapy. In some cases, the investigator may ask a parent to agree to certain safety measures—such as staying in a separate residence or participating in drug testing—while the investigation is ongoing. While many parents worry that cooperation will be seen as an admission of guilt, non-cooperation is often interpreted as evasive behavior. The safest approach is usually to comply with requests, while also seeking legal guidance immediately.

How CWS Impacts Existing Custody Orders

One of the most important and often misunderstood consequences of CWS involvement is how it affects legal and physical custody. In most family law cases, custody orders are handled through the family court system. However, when CWS determines that a child may be at risk of abuse or neglect, the matter can be referred to juvenile dependency court, which has the authority to override family court orders.

If a dependency case is filed under Welfare and Institutions Code §300, the dependency court becomes the controlling court for all matters related to the child’s safety and placement. This means that any existing custody order—whether temporary or final—becomes subordinate to the dependency court’s decisions. The family court judge cannot enforce or modify custody during the pendency of the dependency matter. This shift in jurisdiction is significant and often disorienting for parents who were in the process of litigating custody or visitation in family court.

In the early stages of a dependency case, the court may impose emergency changes to custody. For example, the child may be placed with the non-offending parent, a relative, or—if neither option is available—in foster care. Visitation may be limited to supervised settings, or paused altogether, depending on the severity of the allegations.

Can CWS Remove a Child?

Yes, but removal is a serious legal step and cannot be done arbitrarily. If the CWS investigator believes that the child is in imminent danger, the agency may remove the child from the home without first obtaining a court order. However, the law requires that a Detention Hearing be held within 48 hours (excluding weekends and holidays) to review the removal and decide whether continued out-of-home placement is necessary.

During this hearing, the court will evaluate whether there is sufficient evidence to support the allegations and whether there are safer alternatives. The child may be placed with the other parent if that parent is not implicated in the concerns, a concept known as non-offending parent placement under WIC §361.2. This is a preferred outcome whenever possible, as the law prioritizes family reunification and minimizing the trauma of removal.

What Parents Should Expect During the Process

Parents involved in a CWS investigation should prepare for ongoing scrutiny and multiple stages of review. The investigation is not a one-time event—it often unfolds over weeks or months. You may be interviewed several times, and the agency may conduct follow-up visits. If CWS files a formal petition in juvenile court, you will be assigned a court-appointed attorney if you cannot afford one, and the case will proceed through regular review hearings.

CWS may also offer or require services such as parenting classes, drug or alcohol treatment, therapy, or monitored visitation. These services are designed to support family reunification, but they also function as tools the court uses to assess whether a parent is making progress.

What If the Allegations Are False?

Unfortunately, false allegations are not uncommon during contentious custody battles. One parent may attempt to weaponize CWS to gain an advantage, discredit the other parent, or delay family court proceedings. While CWS investigators are trained to detect ulterior motives, the process can still result in disruption and stress—even when the claims are baseless.

If you believe you are the target of a false report, it’s important to remain calm and composed. Do not retaliate against the other parent or confront them about the report. Instead, focus on cooperating with the investigation, documenting all interactions, and enlisting the help of an experienced family law attorney who understands both the family and dependency court systems. A legal advocate can help ensure that your side of the story is heard and that you are not unfairly penalized for unsubstantiated claims.

How Does a Closed CWS Case Affect Custody?

Even if the investigation is closed and no further action is taken, CWS involvement can still impact your family court matter. The other parent or the court may cite the referral as evidence that a custody change is warranted—especially if the report was labeled as “inconclusive” rather than “unfounded.” While the family court is not bound by CWS findings, the judge will consider the totality of the circumstances when making custody decisions.

You may need to file a motion to reinstate joint custody or unsupervised visitation if changes were made during the investigation. Providing evidence that you fully cooperated with CWS, complied with safety plans, and demonstrated safe parenting will be crucial in these situations.

Moving Forward: Rebuilding Custody and Trust

Once the dependency matter has ended, or the CWS investigation is closed, parents often seek to restore the original custody arrangement. This can involve formal court filings, new hearings, and additional evaluations. Success in these efforts typically hinges on showing that you’ve addressed any concerns raised during the investigation and that the child is safe and thriving in your care.

Family court judges appreciate proactive efforts—completing counseling, attending co-parenting classes, and maintaining a stable living environment all demonstrate your commitment to the child’s well-being. If supervised visitation was ordered, you can request to transition to unsupervised contact and eventually resume your parenting time.

Why Legal Representation Matters

If CWS becomes involved in your custody case, do not wait to seek legal help. These cases are complex and emotionally charged, and they require an attorney who understands how to navigate both family court and dependency court systems. A skilled attorney can help protect your parental rights, challenge unfounded allegations, and ensure that your voice is heard during every stage of the investigation.

Contact Minella Law Group for Help with CWS and Custody Matters

At Minella Law Group, we’ve helped countless parents in San Diego County defend their parental rights in the face of CWS investigations. We understand the emotional toll these cases take and offer compassionate, strategic representation to guide you through the process.

If your family is facing CWS involvement—whether due to false allegations, a school report, or a misunderstanding—don’t navigate it alone. Contact us today for a confidential consultation. Together, we’ll build a path forward.

📝 Prefer email? Fill out our online contact form and a member of our legal team will get in touch with you promptly.

Kathy Minella In Child Welfare, Family Law Blog

Frequently Asked Questions About Juvenile Dependency

What is Juvenile Dependency Court?

Juvenile Dependency Court was formed to address five important goals:

To ensure all children have a safe home

To assist to preserve the family unit whenever possible by providing services which enhance and improve the physical and emotional wellbeing of children, while identifying and addressing potential issues which could lead to an unsafe environment

If a child cannot be in his or her home of origin, to place children first in a safe home with relatives or friend, and if not, a safe approved foster home

When a child cannot be returned to his or her parent because it would not be safe to return the child, to identify a permanent home for each child, or if a permanent home cannot be identified, a safe long term foster placement
To do items 1-4 in a way which keeps all records confidential to protect the privacy of children, their families, and others who assist in meeting items 1-4 on this list

When Can The Government Remove My Child From My Home?

The State of California allows for removal of children from their homes when there is actual or immediate danger to the child, and no reasonable services could be put in place to ensure the safety of the child. The first step the County of San Diego, Juvenile Dependency Until (also know as Department of Children and Family Services, DCSF, Child Protective Services, CPS, or Child Welfare Services, CWS) is to file a petition with the Juvenile Court alleging that the child fall under Welfare and Institutions (WIC) Code Section 300.

The filing of a petition under WIC 300 triggers the court to set Detention Hearing in Juvenile Court. This hearing MUST be set within five (5) business days from the child’s removal.

As such, you must act fast to secure qualified representation. At the hearing, the court will determine whether the allegations in the petition meet the legal standard set in WIC 300 and if the allegations are true. The Court will also determine if reasonable services can be provided to the home which would allow the child to remain in the home. Thus, even if your child was removed before the detention hearing, there is a chance (albeit in experience, a small chance) that your child may be returned to your home after the hearing.

The government can remove your child from your home and place the child outside the family and into protective custody, when the safety of the child cannot be assured in the home. Many times, parents feel the child is safe in their home, but CWS feels differently. When this occurs, the issues is set for a bench trial in front of a Juvenile Court Judge.

In this hearing the County will have an attorney present, known as a Deputy County Counsel, the child will be appointed an attorney from Children’s Legal Services of San Diego (a non-profit agency with a government contract), and parents can appointed an attorney from Dependency Legal Services of San Diego (a non-profit agency with a government contract), OR you can hire a private firm, such a Minella Law Group. At MLG, our caseloads are small and manageable.

At the government contracted non-profits, attorney often have 150 cases OR MORE! To most parents, their children are their #1 priority, and they want an attorney who is easily accessible to them who has the time and ability to go the extra mile.

Times are hard right now and many families struggle with finances, job security, reliable transportation, anxiety, and so many other issues. CWS cases are almost always an extremely traumatic experience for everyone involved. Many people are fearful and distrustful of CWS. Parents are put in an adversarial position to defend against the government’s allegations of abuse and/or neglect. This adds more stress and anxiety to an already painful ordeal.

This is when it is absolutely imperative that you have a seasoned child welfare attorney with strong trial experience on your side. Hiring Minella Law Group gives you a fighting chance. MLG’s Julie O. Wolff is not only a seasoned trial attorney who has been practicing Juvenile Dependency for over ten (10) years, she is a Child Welfare Legal Specialist, a designation through the California Bar Association, National Association of Counsel for Children, and the American Bar Association.

Common reasons for juvenile dependency cases include:

Physical, emotional, or sexual abuse.
Neglect, such as failure to provide basic necessities like food, shelter, or medical care.
Abandonment.
Parental substance abuse or other issues that impair their ability to care for the child.

••••••

MLG also has several other attorneys with notable experience in Juvenile Court. At MLG you will have a TEAM of attorneys with Juvenile Court experience on your side. For more information or to schedule an appointment or call us at (619) 289-7948. We look forward to helping you.