Findings and decisions by the courts and by departments of children and families can be appealed. The process includes filing an appeal within a specific timeframe, receiving the file, attending a hearing, and receiving a second decision through a written report. Below, find resources and information, including State and local examples, about legal issues relevant to appeals in child abuse and neglect, dependency, and termination of parental rights cases.
After a Decision Is Issued
WomensLaw.org
Discusses grounds for appeals that judges will typically hear in child maltreatment cases, including errors in law, the facts of the case not supporting the judge’s decision, or an abuse of discretion.
Fair Hearings and Appeals in Adoption Assistance
North American Council on Adoptable Children (2017)
Explains fair hearings, or adoption assistance appeals, as a process for settling differences between adoption assistance applicants or recipients and the agency that administers the program.
I Don't Like the Way Child Protective Services (CPS) Handled My Case. What Can I Do?
U.S. Department of Health and Human Services, Administration for Children and Families, Children's Bureau
Explains State policies and procedures regarding investigations of child abuse and neglect and provides information on what parents can do if they are not satisfied with the way their case was handled.
State and local examples
Adoption Proceedings Benchbook—Third Edition (PDF - 3,211 KB)
Michigan Judicial Institute (2021)
Contains detailed discussions of legal issues in adoption proceedings, including a section on rehearings and appeals.
Appealing a DCFS Decision
Illinois Legal Aid Online (2020)
Provides a step-by-step overview of the process for appealing child welfare court decisions, including important deadlines in Illinois.
Appeals in Parental Termination & Child Protection Cases
Texas Judicial Branch
Discusses the appeals process in parental termination and child protection cases in Texas and provides information on how appeals happen, timeframes, requirements, and more.
Child Protective Proceedings Benchbook—Fourth Edition: A Guide to Abuse & Neglect (PDF - 5,141 KB)
Michigan Judicial Institute (2021)
Explains required procedures in child protective proceedings, including information on appeals.
Child Welfare Appeals
Utah Courts
Explores expedited appeals in child welfare cases in Utah and reviews the appellate rules, where and when pleadings must be filed, and which parties must be served with notice. The webpage also provides guidance to attorneys on these matters.
Hearings and Appeals
Illinois Department of Children and Family Services
Reviews processes for when adults have been indicted for child abuse and/or neglect and includes information on how to appeal, the appeals process, the length of the process, and links to additional information.