Facing a CPS Custody Hearing After a Newborn's Removal
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Reviewed & verified by A. Jason Velez, Esq.*
Managing Attorney, 1LAW · Last reviewed January 24, 2026
Legal Inquiry
Consumer Legal Issue
CPS took my newborn from the hospital after a positive test at birth. I had already signed two safety plans for in-home care, which required drug assessments, drug screening and 24-hour supervision, before they took custody of the baby. My court date is in a few days and I still don't know where my child is — I've heard nothing.
Attorney Answer
At the upcoming hearing, the judge will address why the Department of Family and Children Services (DFCS) took custody and what steps are needed toward reunification — and because you have the right to an attorney at every stage, the most urgent step is requesting one before that date rather than waiting to be offered one.
The details available don't show what reason DFCS gave for removing the baby or whether an attorney has already been appointed for you, so those are the first things to nail down. Generally, if DFCS believed the safety-plan conditions — the drug assessment and screening — weren't being met, or that the newborn's situation still posed a risk, removal can follow even after a safety plan is signed. Under Official Code of Georgia Annotated § 15-11-103, a parent in a Georgia dependency case has the right to an attorney at every stage of the proceeding, including a court-appointed attorney if you cannot afford one.
What you can do:
1. Call the juvenile court clerk now to request court-appointed counsel — don't wait for the hearing to ask.
2. Bring proof of any completed drug assessments or screenings to court.
3. Ask the caseworker directly where the baby is currently placed.
4. Request that the court set a visitation schedule at the hearing.
⏱ Time limits apply. The hearing is only days away, so securing a lawyer and gathering this proof beforehand is critical — an attorney should review your case promptly to confirm any deadlines specific to your situation.
Relevant Case Law
In re J. G., 829 S.E.2d 828 (2019) — Court of Appeals of Georgia
The record contains no colloquy in which the court advised the father of his right to counsel, nor does it show that the court inquired into whether the father was indigent or waiving his right to counsel, and the father did not receive court-appointed counsel.
It shows a Georgia appellate court treating the failure to advise a parent of, and provide, counsel in a dependency case as a denial of that right — which is why the page urges requesting an attorney before the hearing rather than waiting to be offered one.
Read the full opinion (CourtListener)
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Frequently Asked Questions
Do parents have a right to an attorney in a child welfare case?
Yes, in many states a parent generally has the right to an attorney at every stage of a dependency proceeding, including a court-appointed attorney if they cannot afford one.
Can a child be removed even after a safety plan was signed?
Generally yes — if the agency believes the safety plan's conditions weren't met or that a continued risk exists, removal can still occur despite an earlier signed plan.
What typically happens at the first hearing after a child is removed?
Courts generally address why the agency took custody and what steps are needed toward reunification, and a parent can request that visitation be addressed at that hearing.
