Text Size:
Back to Virginia Law Help home page
Text Size:
The Court Process in a Virginia CPS Case | Virginia Law Help

The Court Process in a Virginia CPS Case

Read this in: Español

Reviewed by: Valerie L'Herrou, Anna Daniszewski

If someone reports that your child may be abused or neglected, Child Protective Services (CPS) will respond. Child Protective Services (CPS) is part of your local Department of Social Services (DSS).

If CPS believes your child was abused or neglected, they can ask a court to get involved. This is called a child dependency case. It happens in the Juvenile and Domestic Relations District Court, which is also called the JDR Court. These cases can move quickly and the stakes are very high.

If you are facing a CPS court case, contact a lawyer as soon as possible. Free legal help:

Do I get a free lawyer in a CPS case?

Yes. You have the right to a court-appointed lawyer for most hearings in a CPS case. The court will appoint this lawyer at no cost to you.

Contact your lawyer right away after they are assigned. Do not wait for the court date. Share everything about your situation, your child, and your family. The more your lawyer knows, the better they can help you.

For information on working with your court-appointed lawyer and what to do if they are not responding, read: Working With Your Court-Appointed Lawyer in a CPS Case.

What are the different court hearings? 

There are several types of hearings in a CPS case. They happen in a specific order. Here is what to expect at each one.

The preliminary hearing

This is your first court hearing after CPS gets involved. It usually happens within a few days. This is your first chance to tell your side of the story and argue for your child to come home. Take it seriously.

What the preliminary hearing is actually deciding

This hearing has one narrow question: does your child need to be removed from your home right now? It is not about whether abuse or neglect happened. That question comes later.

This matters. If CPS got involved because of one specific situation that has already changed, you can argue there is no longer an immediate risk. DSS has to prove that removal is necessary. You have the right to push back and present your own evidence.

The most important thing to do at this preliminary hearing

Ask for an adjudicatory hearing. Think of an adjudicatory hearing as a trial. It is your opportunity to challenge the abuse or neglect allegations against you. The court will not schedule one automatically. You have to ask.

Ask before the judge makes any ruling. If you ask for an adjudicatory hearing, the court must schedule one. If you miss your chance, the judge can decide right then and there that abuse or neglect occurred. That skips a critical step in your case.

How to prepare for the preliminary hearing

You may only have a few days. Try to do the following:

  • Contact your lawyer right away. Share your side of the story, your evidence, and what you want to happen.
  • Gather witnesses or records that challenge the claims against you.
  • Pull together anything that shows what you have been doing for your child and family.
  • Think about alternatives to removal that you could offer the judge, such as agreeing to regular check-ins or having a trusted family member stay with you temporarily.

What to ask the judge for

At the hearing, you can ask the judge to:

  • Send your child home to you, with or without conditions.
  • Place your child with a specific relative or trusted family friend, if they cannot come home right away.
  • Set a specific visitation schedule, like twice a week, with the least restrictive conditions possible. For example, visits supervised by a family member rather than an agency, or in your home rather than an office.
  • Order DSS to provide specific types of help or services.
  • Write all orders with specifics, rather than leaving decisions up to DSS's discretion.

Make sure you say clearly in court that you want an adjudicatory hearing. Also say that you object to any finding of abuse or neglect being made at this early stage.

What CPS will ask for

CPS may ask the judge to:

  • Rule that your child's life or health is at immediate risk at home.
  • Give temporary custody to the other parent, a relative, or a family friend.
  • Place your child in foster care. This means your child is in DSS's custody and placed in an approved home. That home could be with a relative, a family friend, or someone your family does not know.
  • Issue a child protective order with conditions and services you must complete.

What the court will decide

The court may let your child stay with you with or without conditions, give custody to the other parent or a relative, or place your child in foster care.

The court must also set a visitation schedule. Ask for something specific, like twice a week. Ask for the least restrictive setup the judge considers safe, like visits supervised by a family member instead of an agency, in your home instead of an office, or unsupervised if possible.

Adjudication (the trial)

Adjudication is when the judge decides whether the abuse or neglect claims against you are true. CPS has to show that the claims are more likely true than not. This is a lower bar than criminal court, but they still have to present evidence.

Your lawyer should be gathering evidence and lining up witnesses before this hearing. The sooner you share information with your lawyer, the more they can do with it. Give them everything relevant as early as possible.

That said, if your lawyer has not been responsive, do not show up empty-handed. Bring your own copies of anything that helps your case, and bring any witnesses who are willing to speak for you. Useful things to have include:

  • Witnesses or records that challenge the claims against you.
  • Proof of what you have been doing for your child all along, especially if it relates to the specific issues that DSS says about you. For example, school records, records from doctor appointments, proof of childcare arrangements, or records showing your child was already getting support like therapy.
  • Your response to CPS’s specific concerns, if any. For example, records showing you sought out counseling, a support program, or other services.

Disposition hearing

If the court rules in CPS’s favor at adjudication, there will be a disposition hearing. This is when the judge decides what happens next, like what services you must complete, where your child will live, and what conditions apply.

At the disposition hearing, the court may:

  • Allow your child to stay with you, with or without conditions.
  • If there is no less drastic alternative, give custody of your child to the other parent, a relative, or adult close to the family (i.e., they don’t need to be related by blood. The term is "fictive kin.")
  • Place your child in foster care, if reasonable efforts were made to reunite but the safety risk remains.

Who is in the courtroom? 

At a typical hearing, you may see:

  • The judge.
  • You and your lawyer.
  • The other parent and their lawyer.
  • CPS and its lawyer.
  • A Guardian ad Litem, also called a GAL. This is a lawyer appointed by the court to represent your child's best interests. If you have multiple children in different situations, there may be more than one GAL.
  • Sometimes a Court Appointed Special Advocate, or CASA. This is a trained volunteer who meets with you, your child, and others, then tells the court what they think is best for the child.
  • Adult family members or witnesses.

The GAL and CASA may want to ask you questions, visit your home, or look at records related to your case. They have the authority to meet with your child and access your child's information. Before you speak with them or share anything, talk to your lawyer. Your lawyer can also communicate with them on your behalf.

What should I share with my lawyer? 

Share everything relevant with your lawyer. The more they have, the better they can represent you.

Documents that can help:

  • Anything CPS has given you.
  • Records from therapy or other services you or your child received.
  • Certificates for completing any court-ordered classes or services.
  • Toxicology screenings.
  • School reports and medical records.
  • Documents showing how you support your family, such as pay stubs, public assistance records, or housing vouchers.

Other information that can help:

  • Names and contact information for anyone who can speak about your parenting or who has relevant information. This includes family members, friends, teachers, school staff, pediatricians, therapists, parent mentors, visit supervisors, and property managers. Ask your lawyer whether it would help to have them speak with your lawyer directly.
  • Records showing you are staying in regular contact with your child. For example, transportation receipts from visits, messages between you and CPS or a visitation agency, or screenshots of calls with your child.

Your lawyer may ask you to sign an information release. This lets them get records from your service providers and build your case. Your lawyer must keep that information confidential and can only use it to advance your goals. If you have any questions about signing, ask your lawyer.

What can the court order? 

The court has broad power, including the authority to order:

  • Where your child lives.
  • How often and how you can visit your child.
  • What DSS must do to help your family, including whether they need to do more.
  • Services like parenting classes or substance use treatment.
  • Rules about who your child can be around.

You have the right to ask the court for things too. You can request services or actions you believe would help your family, and you can tell the court what you think DSS should or should not be doing.

How do I appeal the court's decision? 

If you disagree with the judge's ruling, you can appeal to Circuit Court, which is the next level up from JDR Court.

You can only appeal a final order. Check your order to see if the judge marked it as final or appealable. But even if it does not say this, it may still be appealable. Talk to your lawyer if you are unsure.

A Notice of Appeal must be filed at the JDR Court clerk's office within 10 days of the order. Talk to your lawyer right away if you want to appeal. If your lawyer is not responding, you can file the Notice of Appeal yourself. There is very little risk in filing early. There is a lot of risk in missing the deadline. You can always choose not to move forward with the appeal later, but you cannot get those 10 days back.

What happens if DSS wants to terminate my parental rights? 

If your child has been in foster care for a year or more, DSS may try to terminate your parental rights. This would mean you are no longer your child's legal parent. It can only happen through the court. The timeline can vary depending on your situation.

If the court has ordered a foster care plan, follow it as closely as you can. If DSS asks you to do something and you are unclear about why, or you disagree with it, talk to your lawyer right away. If something is out of your control, like a long waiting list for a required program, your lawyer may be able to argue that on your behalf.

DSS does not always win termination cases. The standard of proof is higher than in the original case. Do not give up or go silent. For example, DSS may not succeed if they failed to make reasonable efforts to support your family or did not consider placing your child with a relative. Your lawyer can walk you through your options.

Even if your parental rights are terminated, you can appeal. You may also be able to get a Post Adoption Contact Agreement, which allows you and your child to stay in touch after adoption. This agreement must be created before your rights are terminated.

Where can I find legal help? 

Was this information helpful?