Once DHS Takes Your Children, You Are Set for a Show Cause Hearing
Video Transcribed: Timing is everything. Hello, my name is Ryan Cannonie, I’m an DHS investigation attorney with the CPS Investigation Law office. And today I’m going to talk to you a little bit about deadlines and timelines in a deprived case.
Now, once Oklahoma DHS is taking your children, you are set for a show cause hearing or a temporary emergency custody hearing. That’s something I’ve discussed in other videos, so I’m just going to talk to you about the timeline of it. Once your children are removed from you, you have 48 hours for that hearing.
That means the court has to set it within 48 hours. Now if during that hearing the court is satisfied with state’s evidence and believes that your children need to be removed from your care, then the court will give the state seven judicial days, or 15 calendar days, to do its investigation and to file a petition in your case.
Now a petition is a piece of paper that alleges everything the state wants to say against you. It’ll all be related to child abuse, child neglect, or your own history, such as a substance abuse history, or domestic violence from somewhere in your past.
Now, from that being filed, there’s an additional 90 days up to 180 days before you actually get your day in court. Now the court will try to set this as quickly as possible, but sometimes courts will pass cases, and you don’t want to be in a situation where you’re waiting six months to have your child come back into your care.
If you’re innocent, that’s still up to six months. So it’s good to have an attorney who knows not only the laws surrounding deprives, but the timelines and will zealously advocate for you and on your behalf to get your children back in your care where they need to be. So if that’s the type of attorney you want, please give us a call today.