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A preliminary hearing is a formal review of the petition. If your child was removed from home on an emergency basis, this hearing must happen within 24 hours.Most children don't stay in the emergency placement homes they initially stay in, and are soon moved to a more permanent placement. When CPS evaluates placement with the noncustodial parent, CPS must complete the following as soon as possible but within 24 hours or the next. On the other hand, if your child was not taken away, the detention hearing will take place no more than 15 days of the petition being filed. Your child may not be kept in custody longer than. 72 hours (excluding weekends and holidays) without a court hearing. Usually, the agency files a case when a child is removed from the home of their parents or guardians due to allegations of child abuse or neglect. If your child doesn't return home and remains in foster care, your parental rights have likely been terminated. If the caseworker believes your kids are in imminent danger, she may take them.