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Child Welfare

In Child Welfare

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

  1. 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.

  2. Show Up for Everything
    Every visit, every test, every meeting counts. Your consistency builds credibility with the judge and caseworker.

  3. Keep Detailed Records
    Log every interaction, appointment, and completed task. Save certificates of completion, sign-in sheets, and progress notes.

  4. 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.

  5. 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.

  6. Maintain a Safe Home
    Secure housing with enough space for your child, working utilities, and a clean, stable environment.

  7. 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.

In Child Welfare

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

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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.

📞 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.

In Child Welfare

Can CPS Interview Your Child at His/Her School?

Discover the best strategies for handling Child Protective Services interviews with your child at their school, including legal rights and empowering tips for parents.

Can CPS Interview Your Child at His/Her School?

It depends. Generally, CPS cannot interview your child at their school.  However, three exceptions apply.  

Child Protective Services (CPS) may conduct interviews with your child at their school as part of their investigation process if one of the following exceptions applies:

  1. A parent has given CPS consent to interview the child at school.
  2. CPS has a obtained a Court Order, allowing CPS to interview the child at school
  3. Exigent circumstances exist.
  4. If none of the above apply, CPS may conduct a brief interview with the child if there is a reasonable suspicion of child abuse of the child being interviewed, or a sibling of the child being interviewed.

Parental Consent

CPS may interview a child at school, if a parent with legal custody of the child provides consent for the interview to be conducted at school.  

If one parent does not have legal custody of the child, the consent of that parent is not enough to meet this requirement.

If a parent gives consent once, that does not give CPS the ability to repeatedly interview the minor. The consent is only good for the specific interview request at that time and place.

Additionally, parental consent must not be obtained through threat, coercion, or undue influence.

The parent may also state the terms in which the interview can take place (for example, during morning recess, with Ms. Jackson present, for less than 20 minutes). Parental consent may have limitation which should be respected.

Law enforcement cannot be present unless the parent has also given permission for law enforcement to be present.

Court Order

For this requirement, CPS must have attained a valid Court Order prior to conducting the interview. If CPS is in the interview, CPS must have an Order giving CPS permission to conduct the interview.  If law enforcement has an Order, the Order does not necessarily apply to CPS.

Exigent Circumstance

An exigent circumstance is a circumstance where there is reasonable cause to believe the child would likely experience serious bodily harm or other abuse in the time it would take to obtain a court order, attain parental consent and the terms of the terms of the brief interview cannot be met.

In this instance, law enforcement may be present. 

Brief Interview

In this instance, CPS may only conduct an interview if there is reasonable suspicion that the child or a sibling of the child is a victim of abuse or at significant risk of abuse. The brief interview should be “brief”, which should be as short as possibly to attain key information, but should generally be less than 30 minutes long. Law enforcement may not be present during the brief interview.

Additionally, several safeguards must be in place, to satisfy the requirements of the brief interview:

  • The interview must be conducted in a neutral setting.
  • The child must be given the opportunity to have a teacher or other school administrator be present for the interview.
  • The child must be told that it is ok if s/he does not answer the questions.
  • The child must be told that if s/he does answer some questions, not all need to be answered and the child can decide to stop providing answers at any time.
  • The child must be told that s/he is free to leave the interview and interview room at any time.
  • The interview must be conducted in a manner consistent with the child’s age and abilities (for example, if a ten year old has autism, the interview should be very different than an interview for a ten year old without autism). Age and ability must be considered.

 

When an Interview is Conducted

These interviews are typically conducted when there are concerns about the child’s safety or well-being. It is important to understand the purpose of these interviews and how they may impact your child’s experience.

During these interviews, a CPS worker will speak with your child to gather information about their living situation, any possible abuse or neglect, and their overall well-being. The interviews are conducted in a sensitive and age-appropriate manner to ensure the child feels comfortable and safe.

It is crucial for parents to understand that these interviews are a part of the CPS investigation process and are not meant to be punitive towards the child or the parent. The goal is to ensure the child’s safety and well-being. By understanding the purpose and process of these interviews, parents can better navigate the situation and support their child.

Legal Rights and Regulations

As a parent, you have legal rights when it comes to CPS interviews at school. It is important to be aware of these rights to protect yourself and your child throughout the process. Some of the legal rights and regulations related to CPS interviews at school include:

  1. Right to be informed: You have the right to be informed about the CPS investigation and any interviews conducted with your child.
  2. Right to be present: In most cases, parents have the right to be present during the CPS interview at school. This allows you to support your child and ensure their best interests are being considered.
  3. Right to legal representation: You have the right to consult with an attorney and have legal representation during the CPS investigation process, including any interviews conducted at school.
  4. Right to privacy: Your child’s privacy should be protected during the interview. CPS should ensure that the interview is conducted in a private and confidential setting.

It is important to familiarize yourself with the specific legal rights and regulations in your jurisdiction, as they may vary. Consulting with an attorney who specializes in family law can help you understand your rights and navigate the CPS interview process more effectively.

Preparing Yourself and Your Child

Facing a CPS interview at school can be stressful for both parents and children. However, if you have agreed to CPS interviewing your child, there are steps you can take to prepare yourself and your child for the interview:

  1. Stay calm: It is important to remain calm and composed when discussing the interview with your child. This will help them feel more at ease and ensure open communication.
  2. Explain the process: Take the time to explain to your child what the interview will entail and why it is happening. Use age-appropriate language. Do not coach the child as to what to say, but you may stress the importance of telling the truth.
  3. Reassure your child: Let your child know that you are there to support them and that the purpose of the interview is to ensure their safety and well-being. Reassure your child that they are not in trouble and did nothing wrong.

By taking these steps, you can help alleviate some of the anxiety your child may feel and ensure they are prepared and as comfortable as possible for the CPS interview at school.

Communicating with School Officials

Open and effective communication with school officials is essential when dealing with CPS interviews at school. If you have agreed for CPS to interview your child at school, let the school know as soon as possible.  Clearly communicate all details (such as, if you have agreed for law enforcement to also be present). Here are some tips for communicating with school officials:

  1. Notify the school: Inform the school about the CPS investigation and the possibility of an interview taking place. This will allow them to coordinate with CPS and make appropriate arrangements.
  2. Request to be present: Exercise your right to be present during the CPS interview at school. Communicate this request to both CPS and the school to ensure your presence is accommodated.
  3. Share relevant information: Provide any relevant information to the school officials that may assist them in the interview being conducted in the matter you have agreed upon. This can include details about a specific time of interview (for example, after water polo practice), who must be present (for example, Father must be present), who may be present or who may not be present (for example, if Coach Roberts is available, she may be present, however Coach Nicols is not to be present), and the location of the interview (for example, Coach Robert’s Office).
  4. Maintain open communication: Keep the lines of communication open with school officials throughout the process. This will help ensure that everyone is on the same page and working together to support your child. Provide your cell phone number and request you are called if any details change or if CPS contests any of the details you provided.

Remember, school officials are there to support your child’s well-being. By maintaining open communication, you can work together to navigate the CPS interview process more effectively.

Communicating with CPS

Effective communication with Child Protective Services is crucial.

Here are some tips for communicating with CPS:

  1. Know Your Rights: Before you choose to speak with CPS, know your rights. Consult an attorney.
  2. Ask for clarification: If you have any questions or concerns about the interview or the investigation, don’t hesitate to ask CPS for clarification. Understanding the process will help you better navigate it. If there are terms you do not understand, ask for clarification before answering. Make sure you understand each question clearly, before responding.
  3. Keep a written record: Maintain a written record of all communication with CPS, including dates, times, and the names of the individuals you speak with along with their contact details. Your record should be recorded as close in time to each communication as possible, to ensure the upmost accuracy. This can be helpful for reference and documentation purposes.
  4. Express that the concerns are important: Listen to the concerns closely and carefully. Let CPS know that the concerns are important to you and that your child’s health and safety is also important to you. Advocate for your child’s best interest and show that you are keeping your child safe.

By maintaining open and respectful communication with CPS, you can ensure that your voice is heard and that your child’s well-being remains the priority throughout the process.

Seeking Legal Advice and Support

Seeking legal advice and support is essential when dealing with CPS interviews at school. Here are some reasons why consulting with an attorney can be beneficial:

  1. Understanding your rights: An attorney specializing in juvenile dependency law can help you understand your legal rights and navigate the CPS interview process more effectively.
  2. Providing guidance: An attorney can provide guidance and support throughout the investigation, ensuring that you take the necessary steps to protect yourself and your child. An attorney can also assist you with helpful terminology and insights as to questions that may be asked.
  3. Representing your interests: If necessary, an attorney can represent your interests during the CPS interview and any subsequent legal proceedings. They can ensure that your voice is heard and that your rights are protected.
  4. Exploring options: An attorney can help you explore all available options and strategies to resolve the CPS investigation in the best possible way for you and your child. It may not be in your best interest to speak to CPS.

Conclusion

By seeking competent legal advice and representation, you will navigate the CPS process with clarity and confidence to ensure your rights and interests are protected.

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The attorneys at Minella Law Group are skilled in new or existing cases involving child welfare / CPS.  Please call our family law office today to schedule a complimentary consult with one of our attorneys.   619.289.7948