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Do I have recourse to getting my daughter back without taking a case plan?

You have a right to a trial where the legal standard is higher than at the shelter hearing, and the rules of evidence apply. At trial the judge will decide whether your child is a dependent child based upon evidence presented.

If the judge decides there is no evidence to adjudicate the child dependent, the petition filed by DCF will be dismissed, child returned to you and there will be no case plan. If the judge rules the child is dependent, you will have a court ordered case plan.

You may want to schedule an appointment with your attorney after she or he receives more information (discovery) from DCF. The decision whether to take the case to trial is yours, however discussing the evidence and law with your attorney will allow for an informed decision. There are many considerations.