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What Happens During the Arraignment/Detention Hearing?

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During the Arraignment/Detention hearing, the parents, each of whom has a separate attorney appointed to represent them unless the parents have privately retained an attorney to represent one or both of them will generally waive reading of the petition and enter a denial of the allegations against them. Thereafter, their attorney might argue for the release of the parent's child. Sometimes courts agree that there is not prima facie evidence to support the detention where it is clear that the child is highly unlikely to suffer harm if released to the parent pending further hearings. The social workers will be permitted to make unannounced inspections of the parent's home and child if a release is granted. On very rare occasions, the juvenile court might even dismiss a CPS petition at this early stage, though case law (decisions by Courts of Appeal or the Supreme Court) states that a court has to allow CPS its day in court and may not dismiss at the A/D hearing (even though that can be ... more
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