Bell Law Co. — Client Guide

What to Expect: A Guide for Parents in a DHS Case

A plain-language roadmap for what to expect, what your rights are, and what we are going to do together to get your child home.

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A note from Evan Bell I have been appointed by the court to represent you. That means I am your lawyer — I work for you, not for DHS, not for the court. Everything you tell me is confidential. My job is to protect your rights, make sure the process is followed correctly, and fight for you to get your child back. Please read this guide carefully and keep it somewhere safe. Call me any time you have a question.

1
This Is Not Permanent

The first thing I need you to understand is that removal is not the end. It is the beginning of a legal process — and that process is specifically designed to give you the chance to get your child home.

Arkansas law does not treat removal as a final outcome. It treats it as a temporary measure while the court evaluates the situation. The law actually requires that the goal of this entire process be family reunification — keeping your family together — unless something serious prevents that.

The law's stated purpose is to preserve and strengthen family ties, and to keep children in their own home whenever their health and safety are not at risk. Health and safety are the court's first concern — and when they are protected, getting you and your child back together is the goal. Ark. Code § 9-35-301.

This case is winnable. But it requires you to show up, do the work, and let me do my job. That starts now.


2
What Just Happened — And Why

When DHS removed your child, a judge signed what is called an ex parte emergency order. That order transferred temporary custody of your child to DHS. It happened quickly, and it may have felt completely out of nowhere.

The order was based on someone's report — a teacher, a neighbor, a doctor, a family member — that your child was in danger. DHS investigated and decided the situation was serious enough to remove your child immediately rather than wait for a hearing.

Important: the emergency order is not a finding that you are guilty of anything. It is not a conviction. It is a temporary measure the court put in place while this process gets started. You have not had your chance to be heard yet. That comes next.

Before removal, the court must find that it is contrary to the child's welfare to remain at home, that removal is necessary to protect health and safety, and that it is in the child's best interest. DHS must also have made efforts to keep your family together before removing your child — or the situation was a true emergency. Ark. Code § 9-35-318.

3
The Road Ahead — Your Hearings

Your case will move through a specific sequence of court hearings. Here is what each one is and what it means for you.

Probable Cause Hearing

Within 5 business days of removal
First hearing

This is your first court appearance. The court will decide whether the emergency removal was justified and whether your child stays in DHS custody while the case continues. This is not the trial — it is not the place where everything gets decided. But it matters.

You cannot be forced to testify at this hearing. That protection is written into the law. Do not speak without talking to me first. Ark. Code § 9-35-310(a)(1)(B)(iv).

The court will also set your visitation with your child at this hearing. I will argue for the most time with your child that the court will allow.

Adjudication Hearing

Within 30 days of the probable cause hearing
The evidence hearing

This is where the court decides whether the allegations against you are actually proven. DHS has to prove its case. The standard is a preponderance of the evidence — meaning it is more likely true than not. You do not have to prove your innocence.

If you are a noncustodial parent — meaning your child was not living primarily with you — the law presumes you are a fit parent. DHS has to prove otherwise, not the other way around. The court can actually give your child to you at this hearing without requiring a home study. Ark. Code § 9-35-316(a)(1)(B).

Disposition Hearing

Within 14 days of adjudication
The plan hearing

This is where the court sets the plan for your case — where your child lives, what services you need to complete, and what the overall goal is. The court is required to choose the least restrictive option that protects your child. Ark. Code § 9-35-319.

Your case plan will be established around this time. That plan — the list of things DHS wants you to complete — becomes the roadmap for getting your child home. We will go through it together.

Review Hearings

Every 6 months
Progress check-ins

Every six months, the court reviews your case. This is where your work gets presented — your completed classes, your drug tests, your stable housing, your consistent visits with your child. Every hearing is an opportunity to move the needle toward getting your child home.

The law is clear: not completing everything on your case plan is not enough, by itself, to keep your child away from you. What matters is whether your child can safely return. Ark. Code § 9-35-323(e)(3)(B).

At any review hearing, if the court finds that your child's health and safety can be protected at home, the court shall return your child to you. Not "may" — shall. That is the standard we are working toward together. Ark. Code § 9-35-323(e)(2)(A)(vi)(b).

Permanency Planning Hearing

No later than 12 months from removal
The 12-month mark

At 12 months, the court holds a permanency planning hearing that sets the long-term direction of your case. The court's first preference — required by law — is returning your child to a parent. Ark. Code § 9-35-324(c)(1)-(3).

Something important happens at this hearing: the court must consider all of the effort you have made — regardless of when you made it. Even if you stumbled early and found your footing later, that counts. Your full story gets told. Ark. Code § 9-35-324(c)(3)(A)(ii).

This is why the first year matters so much. You want to walk into that hearing with a record of effort, progress, and engagement.


4
Your Right to See Your Child

Removal does not mean you lose your right to see your child. Arkansas law creates a legal presumption in your favor — the starting assumption in court is that unsupervised time with you is in your child's best interest. DHS has to prove otherwise. Ark. Code § 9-35-315(c).

If the court orders supervised visits, you are entitled to at least four hours per week of family time. That is a floor, not a ceiling — I will push for more when I can. Ark. Code § 9-35-315(e).

A positive drug test alone is not enough to take away your visits. The law specifically says that. DHS can only cancel a visit if you actually show up impaired or your behavior creates an unsafe situation for your child in that moment. Ark. Code § 9-35-315(f).

Show up to every single visit. On time. Sober. Present. Those visits matter to your child more than you know. And they matter to the judge.


5
Your Case Plan — The Path Home

DHS will develop a case plan for you. This is a list of things they want you to do — classes, counseling, drug treatment, stable housing, employment, whatever applies to your situation. Think of it as a checklist for the court.

The case plan is not a punishment. It is a map. Every item you complete is a piece of evidence that you are fighting for your family. Every item you skip is something DHS will point to in court.

Do not wait to get started. Start working on your case plan immediately — before the disposition hearing if you can. Judges notice when a parent is already engaged before they are even ordered to be. It matters.

Keep records of everything. Certificates of completion, receipts, attendance sheets, letters from counselors or case managers — save all of it. We will need it in court.

If something on your case plan feels unfair or impossible, tell me. There are things I can challenge. But the answer is almost never to simply ignore what DHS is asking. It is better to comply and fight through the legal process than to give the court a reason to doubt your commitment.


6
What to Do — and What Not to Do

Do these things:

  • Show up to every court date, no matter what.
  • Show up to every visit with your child, on time and sober.
  • Start your case plan services immediately, without waiting to be pushed.
  • Keep all receipts, certificates, and records of everything you complete.
  • Return DHS's calls and keep your contact information current with your caseworker.
  • Call me before any hearing, any significant development, or any time you have a question about your rights.
  • Be cooperative and calm with your caseworker, even when it is hard. Your attitude is on the record.
  • If you have a new address or phone number, tell me and tell DHS immediately.

Do not do these things:

  • Do not sign anything DHS gives you without reading it carefully or asking me first.
  • Do not miss court dates or visits — even one missed appearance sends the wrong message.
  • Do not get into any new legal trouble. A new arrest during this case can be devastating.
  • Do not post about your case on social media. Anything you write can be used against you.
  • Do not make threatening or angry statements to DHS workers, the judge, or anyone involved in the case.
  • Do not give up. Even when the process feels slow or unfair, your consistency is what wins this.

7
What I Will Do for You

As your lawyer, here is what you can expect from me throughout this case.

  • I will be at every court hearing fighting for you and your child.
  • I will review every court order and every DHS report before it goes to the judge.
  • I will challenge DHS when they do not follow the law or do not follow through on their obligations.
  • I will argue for your visitation rights at every hearing.
  • I will make sure the court hears your side of the story — your progress, your effort, your love for your child.
  • I will tell you honestly what is going well and what needs to change. I will not sugarcoat things.
  • I will keep you informed before every hearing about what to expect.
Please call me when things happen — good or bad. If DHS is asking you to sign something, if you have a new address, if you completed a program, if something went wrong at a visit, if you got a new job, if there is a new person in your life. I need to know what is happening in your life to do my job well.

8
A Word About the Timeline

This process takes time. That is one of the hardest parts. You want your child home now, and the court moves on its own schedule. There will be moments where it feels like nothing is happening. It always is.

The first year is the most critical. At 12 months, the court's direction for your case gets set. What you do in these first months matters more than anything that comes later.

The parents who get their children back are not always the ones with the easiest situations. They are the ones who showed up consistently, completed their services, stayed out of trouble, and never stopped fighting. That is the path. It is hard. It is worth it.

I am in this with you.


Reach Me Anytime

You have questions — call me. You are unsure about something DHS told you — call me. Something happened — call me. That is what I am here for.