Child Protective Services Facts and Questions
Why is a CPS Social Worker involved?
While CPS is involved there is a social worker assigned to your case. That workers job is to work with families to reduce the risk of alleged abuse and alleged neglect to children. Social workers have been trained in areas relating to family therapy, substance abuse counseling and parenting classes.
Who is the usually the first CPS worker to contact my family?
An Emergency Response social worker may make contact with you because someone either called the police or the 24 hour hotline number to report abuse. Medical personnel are mandatory reporters. The ER social worker is then assigned to investigate calls of this nature. He or she then examines the existing family problems and needs if they see any evidence of problematic situations. The ER social worker may work with your local Law Enforcement to remove the child from the home or school and then place the child in protective custody. Many social workers are on duty 24 hours a day, 7 days a week. It is common for Social Workers to go to your child's school when they deem necessary to investigate.
Court dependency social workers investigate allegations of child abuse and neglect. They report their findings and make recommendations to the Juvenile court. The Judge then uses these reports to decide whether the child should be made a dependent of the court or placed with relative placement, or returned to your care.
Why were my children removed from the house?
Usually the common reason for removal from the house is concern for the safety of the child. Many reasons include failure to provide proper care or supervision, a child is not given the basic necessities of life such as food, clothing, and housing. Lastly, if a child is in danger because of neglect, cruelty, physical or sexual abuse by someone in the home, or a parent is using drugs CPS make take the child for failure to protect the child.
Who will take care of my children when CPS takes them into custody?
In times where the child is not returned to your home, CPS must find a permanent home through adoption, legal guardianship or a planned permanent living arrangement. The Judge makes the final decision as to adoption or guardianship with an approved relative or non-related extended family member or friend of family.
What are the CPS time limits?
If any children are removed from your home under age 3, you may have only 6 months to reunify with that child and their siblings. 6 months starts from the date the court takes jurisdiction (takes control) or 60 days after your child is removed from your custody, whichever comes first.
If the children are over 3 years of age, you may have up to 12 months from the date the court takes jurisdiction or 60 days after your child is removed. Again, whichever comes first.
When can I see my children?
Unless a court order prohibits it, you may have a legal right to visit your child. In this instance a visitation plan can be established. Our lawyer will assist with this. Regular visits are important in reunifying with your child. Sometimes the visitation will be supervised .
How does Foster Care benefit my children?
Your child may be placed in the home of licensed foster parent/s who are asked to provide 24 hour care and supervision. They are required to report certain incidents and communicate about the child placed with them. Most Foster parents have CPR and First Aid training.
How can I tell the court my concerns?
Initially, you can consult with a local 21 year Juvenile Defense Attorney. Our law firm has handled countless CPS defense cases in the Inland Empire.
If your children have been placed in the hands of Child Protective Services and Foster care, you are most likely going to receive a court appointed lawyer, similar to receiving a public defender in criminal courts. Our office practices CPS Juvenile Defense law as a private law firm. We represent clients who need representation in the Juvenile Court and may be wishing to receive services from CPS. We also handle CPS concerning Defacto Parents who desire relative placement of children who have been placed in foster care when the biological parents will not be getting custody of their children back.
Hiring private counsel will provide you with a voice, through your privately hired counsel, giving you the opportunity to explain your case, and the benefit of hired counsel.
What kinds of abuse does CPS allege?
Physical Abuse- Corporal Punishment or physical violence
Emotional abuse- Putting child down or making to feel bad about himself/herself, calling names
Economic abuse - Trying to keep child from securing or keeping a job; Making child ask for money
Using children - Making child feel guilty about the children, using the children to give messages, using visitation as a way to harass
Threats - Making and/or carrying out threats to do something to hurt child physically and emotionally - take the children, commit suicide
Using superior privilege - Treating child like a servant, making all the "big" decisions, acts like master of the castle
Intimidation - Putting child in fear by using looks, actions, gestures, loud voice, destroying child's property
Isolation - Controlling what child does, who he/she sees and talks to and where he/she goes
Call our Law firm for an initial consultation.
