Will there be a court hearing if my child is removed from my home during a CPS investigation?

Will there be a court hearing if my child is removed from my home
during a CPS investigation?
Yes. The CPS agency must file a neglect or abuse petition with the court that
handles juvenile or family court matters requesting a preliminary or “emergency
protection order.” This order gives the CPS agency temporary custody. This
custody allows the agency to protect your child’s life, health, or general care until a
hearing about the emergency placement can be held. An initial hearing (often
called the “emergency removal hearing”) is held within a short time (actual
number of days depends on local laws). This hearing determines whether the
emergency protection order was justified and whether there is a continuing need
to have your child placed out of the home. (See Section 5, p. 47.)

Will I have a lawyer for this initial hearing?
It depends. If you cannot afford a lawyer, you can request that one be appointed.
Some states may appoint a lawyer for you, but that is not always the case. (See
more about getting a lawyer in Section 5, p. 53.)

How are my rights as a parent affected after this initial hearing?
You will continue to influence many of the decisions about your child unless
the court directs otherwise. Your continued participation in the service plan
(described in Section 3) is one way for you to have influence. You should be able
to visit regularly with your child unless the court determines that this would
endanger his safety.