Do constitutional rights apply in DCS Abuse/Neglect Cases?

CPS took the children into temporary custody and the preliminary hearing was not scheduled until 8 days later. After a continuance, the preliminary hearing was concluded 5 days after it began. The adjudication is now scheduled on the docket but will be 62 days after the children first entered temporary custody. With all the research I have done it would appear that parent/children's rights have been violated. My understanding is in TN the Prelim hearing must be held within 72 hours after children are taken in state custody, and adjudication within 30 days. Is there a violation of rights could anything be done?
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Answers (1)

Jonathan H Levy

Jonathan H Levy Avvo Pro

Contributor Level 9
You should be represented by counsel? What did they do? Did they waive time? However, delays on the CPS docket do happen, ask an attorney familiar with local practice if this is unusual or not.
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