How Fairfax County explains the child protective services court process

Speaker 1, presenting an informational overview, described how the Fairfax County child protective services (CPS) process unfolds when an allegation of abuse or neglect is made.

The overview said CPS investigates every allegation and, if it finds the claim credible, “a CPS social worker will prepare a petition to be filed with the court, alleging that the child is abused and neglected.” The presentation emphasized parents’ rights: “Parents have a right to due process,” and the court will appoint an attorney for any parent who cannot afford counsel. The presenter also said “an attorney called a guardian ad litem will be appointed for the child to represent their best interest” and that the court will appoint a Court Appointed Special Advocate (CASA) to work with the family during the foster care process.

The speaker explained the steps that can follow a finding of credible allegations: CPS will try first to place the child with a family member. If no family placement is available, CPS may ask the court to remove the child from parental custody and place the child in CPS custody or foster care. If CPS judges removal unnecessary but wants to prohibit certain parental conduct, it may ask the court for a preliminary child protective order that limits specific behaviors.

The presentation outlined the sequence and timing of required hearings. The court’s stated primary goal is to “return the child to their parents no later than a year from when CPS removed the child from their parents.” Key deadlines the presenter identified: a preliminary hearing must be held within five business days of removal; an adjudicatory hearing must occur no more than 30 days after removal to decide whether abuse or neglect occurred; and a dispositional hearing must be held no more than 60 days after removal to set conditions for a child’s return.

Speaker 1 said required attendees at the preliminary and adjudicatory hearings include each parent, the guardian ad litem or CASA, the CPS social worker and the county attorney who represents CPS. The parties may also reach agreements without a hearing; if the court conducts a hearing, the presenter said CPS, parents and the guardian ad litem may present evidence and make arguments.

The CPS social worker is responsible for preparing and filing a foster care plan if the case proceeds. That plan identifies goals for moving the child back to the parents or to another permanent placement. The court will hold a foster care review hearing within four months of the dispositional hearing to check parents’ compliance with the plan and CPS’s provision of services, and within five months after that review the court will hold a permanency planning hearing to determine whether the child can safely return home. If the judge finds return is not safe, “the foster care plan will be changed to a goal that the child be adopted or remain in foster care until they are an adult,” the presenter said.

The speaker closed with a procedural note: the information is not legal advice and listeners are encouraged to consult an attorney. For additional questions the presenter directed people to the self-help resource center in the Fairfax County Courthouse Law Library on the first floor.

The presentation is informational rather than a record of a particular case; it lists procedures, attendees and statutory-like timing requirements as described by the presenter and does not itself establish or modify legal rights.