Children’s Bureau/ACYF/ACF/HHS

800.394.3366 | Email: info@childwelfare.gov | https://www.childwelfare.gov

FACTSHEET 

FOR FAMILIES

October 2016

Understanding Child Welfare 

and the Courts

WHAT’S INSIDE

A parent’s rights and 

responsibilities

Court hearings in child 

welfare cases

Who should attend 

court hearings and 

reviews

Frequently asked 

questions about court 

proceedings

How to file an appeal 

Glossary of court terms

Helpful resources

Involvement with child protective services often 

includes the court system, especially if your child is 

removed from the home or at risk for removal. 

In most States, if a case requires court involvement, 

it will come before either a juvenile or a family 

court.1

1 Most cases dealing with children and youth under age 18 come before juvenile or family 

courts. Tribal citizen children are treated separately and come under the jurisdiction of the 

Indian Child Welfare Act, which empowers the child’s Tribe and family in decisions affecting 

the child. Visit the National Indian Child Welfare Association for more information at www.

nicwa.org.

 The court experience can be intimidating or 

overwhelming. This factsheet is designed to answer 

parent and caregiver concerns about the court 

process and provide resources regarding legal 

action and parental rights.
Understanding Child Welfare and the Courts https://www.childwelfare.gov

2

This material may be freely reproduced and distributed. However, when doing so, please credit Child Welfare Information Gateway. 

This publication is available online at https://www.childwelfare.gov/pubs/factsheets/cwandcourts/.

A Parent’s Rights and Responsibilities

When a parent or caregiver is contacted by child 

protective services (CPS) because of alleged child abuse 

or neglect, he or she may be asked to answer questions 

and attend court to determine the best course of action. 

The court decides whether the child will stay in the home 

or be removed. The child may be allowed to stay home if 

services can be provided or if other actions can be taken 

to ensure the child’s safety. It is important to remember 

that as a parent or primary caregiver, you have certain 

rights and responsibilities while your child welfare case is 

being investigated. It is also helpful to keep in mind that 

most cases do not result in a child being removed from 

the home and that services may be available to help your 

family.

Child welfare laws vary by State. It may be helpful 

to consult Child Welfare Information Gateway’s 

State Statute Search for your State’s specific 

requirements (https://www.childwelfare.gov/

systemwide/laws_policies/state/). 

Many court systems offer an alternative to traditional 

court proceedings, referred to as mediation. This may 

allow you to settle the issues and avoid court. For more 

information about mediation and other forms of 

alternative dispute resolution, visit Information Gateway at 

https://www.childwelfare.gov/topics/systemwide/courts/

specialissues/alternative/.

Your rights include the following:

 In most States, the right to an attorney (appointed by 

the court or hired by you) 

 The right to notice, which is a legal term referring to 

your right to be informed about the reason you are 

being investigated, the outcome of the investigation, 

and details regarding upcoming court hearings

 The right to ask questions (e.g., “Why am I being 

investigated?”)

 The right to a hearing

 The right to play an active role in planning for your 

case

 The right to suggest a relative or other placement if 

your child cannot remain in your care

 The right to appeal decisions within a certain 

timeframe

A directory of attorneys in each State and extensive legal 

resources are available on the American Bar Association’s 

website at http://apps.americanbar.org/legalservices/

findlegalhelp/home.cfm. 

Your responsibilities include the following:

 Asking questions to help you understand your role and 

the court process, including whether your area 

provides parent partners or peer advocates who have 

been in your position and can help you understand 

and navigate the legal process

 Attending and being well prepared for all 

appointments and court hearings (bring 

documentation, keep a personal journal of your 

progress during the case, etc.)

 Cooperating with the case plan you help develop and 

communicating any difficulties you may be 

experiencing 

Consult your caseworker or lawyer—or parent 

partner, if relevant—if you have specific questions 

about your case or the court process. Remember 

that asking for help is a sign of strength. A list of 

State parent advocacy groups is available on the 

Child Welfare Information Gateway website at 

https://www.childwelfare.gov/

organizations/?CWIGFunctionsaction=rols:main.

dspROL&rolType=Custom&RS_ID=138.

For more information, consult the National 

Coalition for Parent Advocacy in Child Protective 

Services at https://strengthening-families.org/

parentadvocacy/.
Understanding Child Welfare and the Courts https://www.childwelfare.gov

3

This material may be freely reproduced and distributed. However, when doing so, please credit Child Welfare Information Gateway. 

This publication is available online at https://www.childwelfare.gov/pubs/factsheets/cwandcourts/.

Court Hearings in Child Welfare Cases

The primary role of a juvenile or family court in child welfare cases is to protect children and help their parents provide a 

safe environment. This is a civil court, not a criminal court, and the hearings are often less formal than those you might 

have seen on TV. In most cases, everyone in court has the same goal—to make sure the child is safe. 

The case planning and court hearing processes work together to determine what changes need to be made to return a 

child home or reach some other goal, such as placement with a relative. Parents might be ordered to partake in specific 

services before children can be returned to their care. These services may include mental health or substance use 

treatment. It may be challenging, but these services are designed to enable you to keep your child safe and ultimately 

back at home. 

After a child welfare agency receives a report of suspected child abuse, neglect, or abandonment—also referred to as 

“maltreatment”—the legal process typically progresses through the following steps.

Child Welfare Court Process

1 Court order 

After a petition has been 

filed on behalf of a child, a 

court order is issued in most 

jurisdictions to investigate 

suspected or reported 

abuse or neglect—but a 

court order is not required in 

all jurisdictions to launch an 

investigation.

2 Emergency protection 

order

If the initial investigation 

finds that the child is unsafe,

the court files this order 

to temporarily remove the 

child from the home.

3 Preliminary protective, 

emergency removal, or 

shelter hearing 

The investigator will present 

evidence regarding the 

suspected abuse or neglect. 

The parents can also 

present their own evidence 

to challenge the petition. 

Based on this information, 

the judge will either allow the 

child to stay or return home 

until the trial or determine 

a temporary out-of-home 

placement, such as with a 

family member or with a 

foster family.

4 Fact-finding hearing or 

adjudicatory trial 

This is a trial to determine 

whether enough evidence 

exists to conclude that the 

reported abuse or neglect 

has occurred. The judge may 

decide to dismiss the case 

based on lack of evidence 

or decide that enough 

(“sufficient”) evidence 

exists to suggest there was 

maltreatment. 

5 Dispositional hearing 

This hearing will determine 

whether the child can 

remain at home and, if not, 

where the child will live. If 

the home is found unsafe, 

the child may be placed in 

the custody of the agency 

and then placed with family 

members or in foster care. 

The judge will determine 

a visitation plan for the 

parents or caregivers, and 

the case manager will work 

with them to draft a case 

plan. 

6 Review hearings 

Review hearings are held 

at least every 6 months 

to determine case plan 

progress and assess 

whether the child can return 

home safely.

The parents or guardians 

must successfully complete 

the case plan before they 

are allowed to regain 

custody of the child(ren).

7 Permanency hearing 

After 12–18 months, the court 

will determine the child’s 

permanent living situation, 

which can be a return to the 

parent(s) and/or caregiver 

(referred to as reunification), 

guardianship, permanent 

placement with a relative, or 

the termination of parental 

rights (TPR) and adoption.

8 Termination of parental 

rights hearing 

After a reasonable amount 

of time (12–24 months), 

parental rights may be 

terminated. This may be 

based on specific conduct 

or failure to meet case plan 

goals. Parents may also opt 

to voluntarily give up their 

parental rights. In some 

States, this will release the 

child for adoption. The TPR 

hearing may happen sooner 

in instances of very serious 

maltreatment, often called 

“aggravated circumstances.”

The length of time between each of these steps varies by State. You can familiarize yourself with your State's specific rules by 

consulting Gateway's State Statute series at https://www.childwelfare.gov/systemwide/laws_policies/state/.
Understanding Child Welfare and the Courts https://www.childwelfare.gov

4

This material may be freely reproduced and distributed. However, when doing so, please credit Child Welfare Information Gateway. 

This publication is available online at https://www.childwelfare.gov/pubs/factsheets/cwandcourts/.

Who Should Attend Court Hearings and Reviews?

Parents and caregivers are strongly encouraged to attend every hearing and be well-prepared to share their story with 

the judge and the court. If you are being investigated, it is important to work closely with your lawyer and caseworker. 

Children and youth should attend permanency hearings and the reviews whenever possible and appropriate. Older 

children may wish to share thoughts or concerns, and judges may wish to observe the well-being of younger children. 

Some judges may ask to speak with youth and children in private to see how they are doing and to make sure they 

understand the process and why decisions are being made.

Grandparents and involved relatives or caregivers—as well as family acquaintances—may be encouraged to attend 

court hearings. In addition to supporting the children and/or their parents in court, family members and other caregivers 

can provide an important view of the situation, and the hearings can help them to better understand the court’s 

decisions. 

Parents should consult their attorney if they feel that other supportive contacts—such as close friends, work colleagues, 

teachers, their child’s sports coach, mentor, or pastor—might help their case in court. If a child is in out-of-home care, 

it is a good idea for parents to build a relationship with the child’s caregivers so they can be a support to the parents as 

the case proceeds. 

Parents who maintain physical custody of their child(ren) but who have an active court case—as well as those whose 

children have been placed in out-of-home care—will be notified of the hearings and are expected to attend. As 

mentioned earlier, children may be required or encouraged to attend, depending on their age. Child care arrangements 

should be made for young children not involved in the investigation. The following is a list of others who may attend 

court hearings. 
Understanding Child Welfare and the Courts https://www.childwelfare.gov

5

This material may be freely reproduced and distributed. However, when doing so, please credit Child Welfare Information Gateway. 

This publication is available online at https://www.childwelfare.gov/pubs/factsheets/cwandcourts/.

Who Can You Expect in the Courtroom?

Judge: Presides over the courtroom and decides whether abuse or neglect has occurred and whether the child 

needs to be removed from the home. The judge may rule that certain conditions must be met for the child to 

remain at home (e.g., monitoring by child protective services, enrolling in parenting classes or other treatment 

services).

Parents’ attorney: Legal representative for the parents’ interests. The attorney may be a court-appointed 

lawyer that the court assigns at the time a petition is filed (if the family qualifies for financial assistance) or one 

that is hired by the parent. The attorney should be appointed in advance of the initial hearing in order to prepare 

parents for the court hearing. 

Children’s representatives: The court will appoint a lawyer and/or a trained volunteer to represent a child 

throughout the legal process. You can assist your child’s representative by providing any information that will 

help them represent your child(ren). It is a good idea to talk to your attorney about what might be useful to 

share. Terms and laws vary, but your child’s representative(s) may be one of the following:

 Children’s attorney: A lawyer that represents the child like a regular attorney – explaining things to the child 

and advocating in court as the child desires.

 Guardian ad litem (GAL): A lawyer or layperson who presents what they think is in the best interests of the 

child to the court. A GAL may also refer to a traditional children’s attorney.

 Court-appointed special advocate (CASA) or lay volunteer GAL: A trained volunteer appointed by the court 

to represent the child’s best interests and needs, including serving as a factfinder for the court, monitor, 

facilitator of services, and advocate for the child (refer to the National Court Appointed Special Advocate 

Association at http://www.casaforchildren.org/ for more information).

Agency attorney: The lawyer who represents the child welfare agency and brings the child abuse or neglect 

charge before the court.

Witnesses: People who provide evidence of abuse and neglect or those who challenge the allegations with 

evidence of their own (e.g., physicians, psychologists, teachers, school guidance counselors, neighbors, eye 

witnesses).

Social/caseworker: May be the person who is addressing or investigating the abuse or neglect (the petitioner), 

or could also be someone who works on behalf of the child welfare or other local agency with either the parents 

or the child.

Interpreter: A person who translates from one language to another. Let your caseworker or attorney know if you 

don’t feel comfortable or have trouble understanding or communicating in English.

Court reporter: Court staff person responsible for recording each hearing.

Bailiff or other law enforcement official: Although this is not a criminal hearing, there are usually security staff 

in court. 
Understanding Child Welfare and the Courts https://www.childwelfare.gov

6

This material may be freely reproduced and distributed. However, when doing so, please credit Child Welfare Information Gateway. 

This publication is available online at https://www.childwelfare.gov/pubs/factsheets/cwandcourts/.

Frequently Asked Questions About 

Court Proceedings

What is expected of me in court? You are expected to 

be on time; dress appropriately; avoid inappropriate 

language; and leave food, drink, or chewing gum outside 

the courtroom.

How can I prepare for court? Talk with your lawyer, the 

GAL or CASA volunteer (if relevant), parent partner (if you 

have one), or caseworker before the hearing. You should 

also arrange for transportation and child care, bring 

important papers and documents, arrive at least 15 

minutes early and locate the hearing room, check in with 

the court officer outside the courtroom, and be prepared 

to wait.

What should I do if I don’t have a way to get to the 

courthouse? Make sure you consult your lawyer or 

caseworker in advance of the hearing so they can assist 

with transportation. 

What is likely to happen at the initial hearing? The 

court must assess the child’s safety and whether the child 

will be allowed to remain in your care if he or she has not 

already been removed from the home under a courtordered emergency removal. If not done already, the 

court will appoint counsel for the parents or caregivers 

and a GAL, CASA, or lawyer for your child(ren).

How long will my hearing take? The judge is 

responsible for listening to many cases throughout the 

day. You should plan on it taking several hours and ask 

your caseworker or lawyer for more information.

What happens after the hearing? The judge makes a 

decision and issues a court order, either immediately or 

within a specified timeframe. The judge will explain the 

expected course of action that the case will take, ranging 

from dismissal to—at a much later date in the court 

process—a potential termination of parental rights, or TPR 

(see explanation on page 8). Ask for written copies of all 

court papers and orders before you leave the courthouse, 

and ask your lawyer or caseworker to explain what’s next.

What happens at a disposition hearing? This is often 

part of the adjudicatory hearing (see above) or may be 

conducted soon thereafter with a child who has been 

found to have been abused, neglected, or delinquent. 

The disposition hearing addresses where the child should 

be placed—in foster care or some other placement—or 

whether the child should be allowed to remain at home.

Can I participate if I am detained by Immigration and 

Customs Enforcement (ICE)? ICE policy requires ICE 

staff to consider how they can help parents and caregivers 

participate in court hearings.21

2 U.S. Immigration and Customs Enforcement. (n.d.). ICE parental interests 

directive. Retrieved from http://www.ice.gov/parental-interest

If you cannot come in 

person, you should be able to participate by phone or in 

writing. Talk to your immigration attorney, caseworker, and 

ICE staff well before your hearing to allow them enough 

time to come up with a plan that will ensure your 

participation in the court process. You are entitled to 

translation and interpreter services, so it is important to 

let your caseworker and lawyer know if English isn’t your 

primary language.

For more information, consult Parental Rights Toolkit: 

Detained or Deported: What About My Children? What to 

Do if You Can’t Be With Them, a 2014 guide prepared by 

the Women’s Refugee Commission at https://www.

womensrefugeecommission.org/rights/

resources/1022-detained-or-deported-parental-toolkitenglish-interactive.

Can I participate if I am in jail or prison? You have a 

right to be included in your child’s case management 

process, including notification about court hearings and 

interviews about your child’s safety and potential 

placement with relatives. You should let your case 

manager know you want to be as involved as possible with 

your child’s case, including visits with your child, if 

allowed, and participation in court. If it is not possible for 

you to make a physical appearance in court, your lawyer 

or case manager can help coordinate your participation 

by telephone or by videoconference. 
Understanding Child Welfare and the Courts https://www.childwelfare.gov

7

This material may be freely reproduced and distributed. However, when doing so, please credit Child Welfare Information Gateway. 

This publication is available online at https://www.childwelfare.gov/pubs/factsheets/cwandcourts/.

For additional information, see Guide for Incarcerated 

Parents Who Have Children in the Child Welfare System 

(U.S. Department of Health and Human Services, Office of 

the Assistant Secretary for Planning and Evaluation, 

Administration for Children and Families, U.S. Department 

of Justice, & Federal Bureau of Prisons) at http://youth.

gov/sites/default/files/COIP-Parent-Guide-508.pdf. 

What happens if the judge orders my child to be 

removed from my care? You can request that your child 

be placed with a relative, or, if you have more than one 

child, you can ask that all your children be placed 

together. Your caseworker will work with you to develop a 

case plan for regaining custody of your child (referred to 

as reunification) or toward achieving another permanency 

goal, such as adoption or guardianship by a relative or 

other suitable caregiver. Pursuing both reunification and 

an alternative permanency goal at the same time is 

referred to as concurrent planning and is a required 

practice in many States to eliminate delays in attaining 

permanency for children.

What kind of support will I need during this 

experience? Interacting with the child welfare system and 

the court can be stressful and overwhelming. It is 

important for you to take care of your mental and physical 

health during this process. There are many State and local 

organizations available for counseling or peer support 

listed on Information Gateway’s Behavioral Health and 

Wellness webpage at https://www.childwelfare.gov/

organizations/?CWIGFunctionsaction=rols:main.

dspROL&rolType=Custom&RS_ID=35.

Federal law requires your child welfare agency to 

make reasonable efforts to prevent your child 

from being removed from the home, and—if your 

child is removed—the agency is required to make 

reasonable efforts to support your family’s 

reunification. For more information, see 

Reasonable Efforts to Preserve or Reunify Families 

and Achieve Permanency for Children in 

Information Gateway’s State Statutes series at 

https://www.childwelfare.gov/topics/systemwide/

laws-policies/statutes/reunify/. 

What happens at review hearings? The court will check 

on case plan progress, determine whether reasonable 

efforts are being made toward reunification and whether 

the child should be returned home, establish a 

reunification timetable if relevant, and set the date for the 

next hearing if needed.

What is a permanency plan hearing? This is the hearing 

where the judge decides the living plan that ensures both 

the child’s safety and best interests. Possible options 

include keeping the child in care for a limited time; 

allowing the child to return home; awarding custody or 

guardianship to a relative; preparing the child, if an older 

youth, to identify a support system of caring individuals 

that will help them be successful in living on their own; or 

TPR followed by adoption. For more information on how 

best interests are determined—which are different in 

every State—see Information Gateway’s Determining the 

Best Interests of the Child at https://www.childwelfare.

gov/topics/systemwide/laws-policies/statutes/

best-interest/. 

What about possible mediation? In mediation, a person 

trained in resolving differences and who is not personally 

involved with the case meets with all parties to resolve the 

case. This allows those involved to have an active voice in 

the case. Parties in the case can request mediation, or the 

court can order it. Mediation can take place in or outside 

of court, or by phone call, at any point during the case. 

When parties reach a resolution, it is referred to as a 

settlement agreement and made part of the court record. 

Mediation is frequently used as an alternative to formal 

termination proceedings. The parties explore the child’s 

best interests, and the parents may opt to voluntarily 

relinquish their parental rights (with the potential for an 

open adoption and ongoing contact with the child). For 

more information, see Information Gateway’s 

Postadoption Contact Agreements Between Birth and 

Adoptive Families at https://www.childwelfare.gov/topics/

systemwide/laws-policies/statutes/cooperative/. 
Understanding Child Welfare and the Courts https://www.childwelfare.gov

8

This material may be freely reproduced and distributed. However, when doing so, please credit Child Welfare Information Gateway. 

This publication is available online at https://www.childwelfare.gov/pubs/factsheets/cwandcourts/.

What are the grounds for TPR? While each State has its 

own TPR rules, the Federal Adoption and Safe Families 

Act requires a TPR when parents have failed to meet the 

goals of their case plan within a specific timeframe. If 

parents don’t achieve these goals and a child has spent 15 

of the most recent 22 months in foster care, the child 

welfare agency is required to seek a TPR or provide a 

reason for requesting an extension. The court may 

schedule a termination hearing sooner if it determines 

that reunifying the child with the parents is not an 

appropriate goal. Parents may also voluntarily relinquish 

their rights.

A TPR signifies the official and permanent termination of 

the parent-child relationship and parental rights with 

respect to the child (unlike custody rights, which can be 

changed based on circumstances). While States have 

differing grounds for what constitutes an involuntary TPR, 

in general, parental rights are terminated when a child 

cannot safely be returned home without risk of harm or 

when the parent is not able to meet the child’s basic 

needs. For more information, see Gateway’s Grounds for 

Involuntary Termination of Parental Rights at https://www.

childwelfare.gov/topics/systemwide/laws-policies/

statutes/groundtermin/. 

How to File an Appeal

Parents or youth may file an appeal in child maltreatment 

and TPR cases with the assistance of an attorney or GAL if 

they believe the judge has acted in error. Appeal 

procedures differ by State, and a GAL or attorney will be 

able to explain the appeal process to you. Every State also 

has a judicial board with the authority to investigate 

complaints of judicial misconduct and impose discipline 

and removal if appropriate. Contact information for each 

State office is available through the clerk of the court. 

State-specific contact information is available at http://

www.justice.gov/usao/find-your-united-states-attorney. 

For more information on challenging a court ruling, see 

Information Gateway’s From Complaint to Resolution: 

Understanding the Child Welfare Grievance Process at 

https://www.childwelfare.gov/pubs/factsheets/

cw-grievance/.

Glossary of Court Terms

The following terms may come up in child welfare court 

proceedings. If you are unfamiliar with a term, or 

something is not clear, always ask your caseworker or 

lawyer.

Adjudicatory hearing: Held by the juvenile and family 

court to determine if there is enough evidence to prove 

that a child was actually abused, neglected, or 

abandoned or whether another legal basis exists for the 

State to intervene to protect the child. Also referred to as 

a fact-finding hearing.

Best interests of the child: The debate the court has when 

deciding what type of services, actions, and orders will 

best serve a child. 

Caregiver: One who provides for the physical, emotional, 

and social needs of a dependent person. The term most 

often applies to parents or parent surrogates; child care 

and nursery workers; health-care specialists; and relatives 

caring for children, elderly, or ill family members.

Case permanency plan: The casework document that 

outlines the outcomes, goals, and tasks necessary to 

ensure the safe return of the child.

Child abuse and neglect: Any nonaccidental physical 

injury or failure to act on the part of a parent or caretaker 

that results in death or serious physical or emotional 

harm.

Child protective services (CPS): The social services agency 

designated (in most States) to receive reports, conduct 

investigations and assessments, and provide intervention 

and treatment services to children and families in which 

child maltreatment is reported to have occurred. 

Concurrent planning: Working toward the safe return of a 

child to his or her family while also developing an 

alternative plan in case a return to home is not possible.

Corporal punishment: Inflicting physical pain to discipline 

a child (e.g., spanking).

Court-appointed special advocate (CASA): A person, 

usually a volunteer appointed by the court, who works to 

ensure that the needs and interests of a child are fully 

protected.
Understanding Child Welfare and the Courts https://www.childwelfare.gov

9

This material may be freely reproduced and distributed. However, when doing so, please credit Child Welfare Information Gateway. 

This publication is available online at https://www.childwelfare.gov/pubs/factsheets/cwandcourts/.

Custody: Refers to the legal right to make decisions about 

children, including where they live. Parents have legal 

custody of their children unless they voluntarily give 

custody to someone else or a court takes this right away 

and gives it to someone else such as a relative or a child 

welfare agency. 

Dispositional hearing: Hearings to determine what needs 

to happen with the child and the family while the case is in 

discussion (e.g., where the child will live, who will have 

legal custody, and what services are needed to reduce the 

risk and to address the effects of maltreatment).

Due process: The principle that every person is entitled to 

a fair and unbiased legal process.

Fictive kin: People not related by birth or marriage who 

have an emotionally significant relationship with an 

individual.

Foster care: A substitute care for children placed away 

from their parents or guardians and for whom the State 

agency has placement and care responsibility.

Foster parent: Adults who provide a temporary home and 

everyday nurturing and support for children who have 

been removed from their homes. The individual(s) may be 

relatives or nonrelatives and are required to be licensed in 

order to provide care for foster children.

Full disclosure: Information provided to the family by the 

child welfare agency regarding the steps in the 

intervention process, the requirements of the case plan, 

the expectations of the family, the consequences if the 

family does not fulfill the expectations, and the rights of 

the parents to ensure that the family completely 

understands the process.

Guardian ad litem (GAL): A lawyer or layperson appointed 

by the court who represents a child in any case involving 

child abuse. Usually this person considers the best 

interests of the child and may perform a variety of roles, 

including those of independent investigator, advocate, 

advisor, and guardian for the child. A layperson who 

serves in this role is sometimes known as a courtappointed special advocate (CASA). 

Jurisdiction: The legal authority of a court to hear and 

decide a certain type of case. 

Legal guardian: An adult to whom the court has given 

parental responsibility and authority for a child. 

Appointment as guardian requires the filing of a petition 

and approval by the court and can be done without 

terminating the parental rights of the child’s parents.

Mediation: A voluntary process that allows the parties 

involved to agree on a permanency decision in the best 

interests of the child with the help of a trained, neutral, 

third party. Mediation generally avoids confrontational 

court hearings. 

Paternity: Legal or biological fatherhood.

Perpetrator: The person who has been determined to 

have caused or knowingly allowed the maltreatment of a 

child.

Physical abuse: Child abuse that results in physical injury 

to a child. 

Physical neglect: Failure to provide for a child’s basic 

survival needs, such as nutrition, clothing, shelter, 

hygiene, and medical care. 

Protective custody: A form of custody required to remove 

a child from his or her home and place in out-of-home 

care. Law enforcement may place a child in protective 

custody based on an independent determination that the 

child’s health, safety, and welfare is jeopardized. A child 

can also be placed in protective custody via court order.

Putative father: Legal term for a man who is not married to 

the child’s mother and who is alleged or claims to be the 

biological father of a child.

Relinquishment: The voluntary termination or release of 

all parental rights and duties that legally frees a child to 

be adopted. This is sometimes referred to as a surrender 

or as making an adoption plan for one’s child.

Review hearing: Held by the juvenile or family court to 

review case progress (usually every 6 months) and to 

determine the need for continued court oversight. 
Understanding Child Welfare and the Courts https://www.childwelfare.gov

10

This material may be freely reproduced and distributed. However, when doing so, please credit Child Welfare Information Gateway. 

This publication is available online at https://www.childwelfare.gov/pubs/factsheets/cwandcourts/.

Safety plan: A casework document developed when it is 

determined that a child is in imminent or potential risk of 

serious harm. In the safety plan, the caseworker targets 

the factors that are causing or contributing to the risk of 

imminent serious harm to the child and identifies, along 

with the family, the interventions that will control the 

safety factors and assure the child’s protection.

Service agreement: The casework document developed 

between the caseworker and the family that outlines the 

tasks necessary to achieve case goals and outcomes. A 

service agreement may also be known as a case plan.

Substantiated: A CPS determination that means credible 

evidence exists that child abuse or neglect has occurred. 

An unsubstantiated finding means that there is not 

enough evidence to prove that child abuse or neglect 

occurred.

Termination of parental rights (TPR): The voluntary or 

involuntary relinquishment of parental legal rights for the 

care, custody, and control of a child.

Helpful Resources

National Parent and Family Organizations

Be Strong Families is a national parent-run organization 

dedicated to helping parents keep their families and 

communities strong. http://www.bestrongfamilies.net/

National Coalition for Parent Advocacy in Child 

Protective Services is a group of parent leaders who 

have come together to uphold the rights of families 

whose children have been removed, and promote the 

return of children to their families. https://strengtheningfamilies.org/parentadvocacy/

Parents Anonymous uses mutual support and shared 

leadership to empower, inspire, and create long-term 

positive changes in families. http://www.

parentsanonymous.org

Publications 

The Parents’ Get Real Guide to Getting Your Kids Back 

(Be Strong Families/Strengthening Families Illinois) is 

written by parents who have successfully reunified with 

their children in the foster care system to support other 

parents who are currently in that situation. http://www.

strengtheningfamiliesillinois.org/mirror/downloads/

Parents_Get_Real_Guide_lores.pdf

Finding Your Way: Guides for Fathers in Child 

Protection Cases (American Bar Association and 

American Humane Association) provide tips for 

noncustodial fathers who want to be active participants in 

their children’s child protection cases. They focus on 

topics such as fathers’ legal rights, child support, and 

courtroom expectations. http://site.americanhumane.org/

fatherhooddocs/father_guide.pdf

A Family’s Guide to the Child Welfare System (National 

Technical Assistance Center for Children’s Mental Health/

Georgetown University Center for Child and Human 

Development) helps parents better understand the child 

welfare system and answers questions many parents will 

have. http://gucchd.georgetown.edu/products/

AFamilysGuide_English.pdf

Rise magazine seeks to educate families involved with 

the child welfare system about their rights. http://www. 

risemagazine.org/. One Step at a Time offers parents 

information about reunifying with their children, including 

personal essays from parents who have been through the 

process. http://www.risemagazine.org/item/

one-step-at-a-time/

Reunification: Bringing Your Children Home from 

Foster Care (Child Welfare Information Gateway) 

describes the reunification process, including what 

parents can expect while their children are in foster care 

and what they can do to help prepare for the return home. 

https://www.childwelfare.gov/pubs/reunification/
Understanding Child Welfare and the Courts https://www.childwelfare.gov

Suggested Citation: 

Child Welfare Information Gateway. (2016). Understanding 

child welfare and the courts. Washington, DC: U.S. 

Department of Health and Human Services, Children’s 

Bureau.

U.S. Department of Health and Human Services 

Administration for Children and Families 

Administration on Children, Youth and Families 

Children’s Bureau