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Hermes Replica To obtain an ex parte order from the court, DSS must outline for the court its basis for believing that there is a sufficient risk to the child’s health or safety to necessitate bringing the child into foster care for the child protection. If signed by a judge, a copy of the ex parte order is provided to the parent, guardian or caregiver for the child and includes information about the probable cause hearing. The probable cause hearing occurs within three days or less of DSS obtaining an ex parte order and at the hearing DSS must prove probable cause exists to support the child remaining in care. At the hearing, the parent, guardian or caregiver have an opportunity to contest the evidence presented by DSS and argue for the return of the child to their care. If the judge determines probable cause exists, the child will remain in the care of DSS. While in care, parents and guardians will be afforded opportunities for visitation in accordance with the terms of the order issued by the Court. After the probable cause hearing, another hearing is conducted within 35 days and at that hearing the parent, guardian or caregiver is entitled to have an attorney present. Additionally, the hearing is attended by a previously appointed guardian ad litem who conducts an investigation independent and separate from the investigation being conducted by DSS. Hermes Replica

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