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What Is a Family Maintenance Case in Juvenile Dependency Court?

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What Is a Family Maintenance Case in Juvenile Dependency Court?

Summary: This page covers How a Family Maintenance Case Works in Juvenile Dependency Court, What Is the Difference Between Family Reunification and Family Maintenance?, What Is Voluntary Family Maintenance?.

If you are dealing with Child Protective Services (CPS) and a juvenile dependency case, you may end up hearing terms like family maintenance tossed around. When it comes to CPS and family maintenance plans, the primary goal is ensuring the child’s well-being. However, family maintenance plans are also designed to help children remain with their families, which is why it’s so important to follow your plan and take advantage of all of the services you receive from CPS.

How a Family Maintenance Case Works in Juvenile Dependency Court

In some CPS cases, the child is completely removed from the family members. Family maintenance prioritizes returning the child to their family. However, a social worker is still assigned to supervise the home placement to ensure that the child is safe.

This family-centered program revolves around the idea that the best place for children is with their families. Rather than pull the family apart, CPS and family maintenance provide families with the services they need to become a stronger family. The following are just a few of the services that could be provided.

  • Counseling
  • Family preservation
  • Transportation support
  • Parent education
  • Homemaker classes
  • Respite care
  • Counseling
  • Emergency in-home caretakers
  • Case management
  • Substance abuse testing

What Is the Difference Between Family Reunification and Family Maintenance?

When dealing with family law and dependency cases in California, you may hear terms like family reunification and family maintenance. While these terms may sound the same, they are fundamentally different ideas.

Family reunification refers to the process parents have to go through after they lose custody in order to be reunited with their children. In comparison, a family court maintenance case doesn’t require the child to leave home at all. The entire purpose is for the child to remain home as parents improve their home life.

With family maintenance plans and family reunification, you will typically see a range of different services. This is because both case approaches involve concerns about the safety of the child, so the court requires specific programs and therapies.

What Is Voluntary Family Maintenance?

With voluntary family maintenance, CPS or the Department of Child and Family Services (DCFS) implements the same family maintenance plan as court-ordered family maintenance. The biggest difference is that the services are entered into voluntarily.

Voluntary family maintenance is provided for under WIC 301(a). To take advantage of this plan, you are required to consult with your attorney first so that you can understand exactly what you’re agreeing to. You are also not legally allowed to take part in these services if you are coerced into doing so through child removal threats.

Typically, voluntary family maintenance services last for six months. At this point, your family’s progress can be reevaluated. If you are making enough progress but still need added support, this six-month timeline can be extended by two separate three-month periods.

What Is a CPS Safety Plan?

CPS safety plans are also provided by CPS, but they have a different goal in mind. In general, these safety plans are a temporary way for CPS to address any safety concerns. While they may involve services, they could also include placing the child with a family member, foster home, or other temporary situation while CPS begins their case. CPS will often return the child if their investigation doesn’t turn up any evidence of a problem or if the family completes their maintenance plan during the timeframe.

Learn More About How to Follow Your Family Maintenance Plan

If you’re dealing with a CPS family maintenance plan, you need to reach out for professional help. Before you can even agree to your family maintenance plan, you will need to talk to your lawyer first. Then, you can make an informed decision about whether the therapy, education, supervision, or other requirements are the right choice for your family.

Whether you’re navigating family maintenance plans or trying to regain custody, our team of experienced juvenile dependency lawyers can help you understand all of the factors affecting your case. Learn more by giving us a call today.

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