California Juvenile Dependency & CPS Defense
Assertive legal representation for individuals under investigation or indicated by Children and Family Services (CFS), the Department of Children and Family Services (DCFS), or Child Protective Services (CPS). If contacted by CFS, CPS, or DCFS regarding a potential investigation, it’s imperative to respond with utmost seriousness. This stage is by far the most important part. This is the stage when you want to get a Juvenile Dependency (CPS Defense Lawyer). Our firm will represent you in Los Angeles County, Orange County, Riverside County, San Bernardino County and plenty more locations.
DCFS, CFS, and CPS investigate allegations of child abuse or neglect and decide whether to remove the child or implement court-supervised parenting.
If DCFS/CFS/CPS determines child abuse or neglect, repercussions could be severe, including child removal and placement on a child abuse registry.
Attorney Walter Shaw has a track record of effectively advocating for clients in various DCFS/CFS/CPS investigations, aiding them in contesting allegations and safeguarding their families.
In a Juvenile Dependency (CPS/DCFS/CFS Defense) case, safeguarding your parental rights is paramount. Engaging the services of a qualified California CPS Defense attorney can help ensure the protection of your parental rights or that you’re taking all necessary steps to uphold them.
A CPS/DCFS case initiates upon the department (agency) receiving a referral from a concerned party. Subsequently, the agency conducts an investigation into the matter outlined in the referral and decides on appropriate actions concerning the safety of the children involved.
When a CPS/DCFS case is active, the government typically submits a “petition” under the California Welfare and Institutions Code (WIC) section 300. This document outlines the allegations and provides a summary of the accusations against you as a parent. It’s crucial to promptly seek assistance from a seasoned CPS/DCFS Defense attorney to receive proper legal counsel as soon as this occurs.
Frequently Asked Questions (FAQ)
What Initiates an Investigation by DCFS/CFS/CPS? An investigation by DCFS/CFS/CPS commences upon receipt of a phone call detailing alleged abuse or neglect. A statewide hotline allows reporting of suspected abuse or neglect. Certain professionals, like doctors and teachers, are required to contact it. Hotline staff will ask for specific details about the alleged abuse. Based on the information provided, they may initiate an investigation.
What Occurs During a DCFS/CFS/CPS Investigation? A Juvenile Dependency (CPS/DCFS/CFS Defense) investigation typically operates independently from law enforcement. However, depending on the allegations’ gravity, law enforcement may become involved. Individuals accused of abuse or neglect might find themselves under scrutiny by both DCFS/CFS/CPS and local law enforcement agencies, which may collaborate and share information during these inquiries.
A single allegation can spawn various legal proceedings. For instance, a criminal charge like domestic violence or child endangerment could prompt the filing of a protective order against the accused. If the couple involved has children, DCFS/CFS/CPS might conduct a household investigation. Should the couple separate or divorce, these allegations might surface in family court proceedings, affecting the accused. Seeking guidance from an attorney well-versed in these matters is crucial for achieving favorable outcomes.
Following the initiation of a formal investigation, an investigator typically endeavors to visit the children within 24 hours of receiving the report to assess any imminent threats to their safety. Subsequently, DCFS/CPS/CFS has a 60-day timeframe to conclude its investigation.
After the DCFS/CFS/CPS Investigation Concludes, What Happens? When DCFS/CFS/CPS determines that an individual has abused or neglected a child, the case is classified as “indicated.” Such a classification should only occur if there is substantial evidence supporting the allegations of abuse or neglect. However, this standard isn’t consistently met. Moreover, DCFS/CFS/CPS employs its own criteria to define abuse or neglect during investigations. Regrettably, many individuals whose cases are indicated may not actually be culpable of abuse or neglect.
Conversely, if there is a lack of evidence indicating abuse or neglect (or a risk thereof) according to DCFS/CFS/CPS definitions, the case is termed “unfounded.”
Can I Appeal DCFS/CFS/CPS Finding? If you disagree with the conclusions reached by DCFS/CFS/CPS, you have the option to file an appeal. In certain instances, the findings made by DCFS/CFS/CPS lack justification. In some legal proceedings, courts have found that DCFS, CFS, or CPS personnel acted improperly in making findings against individuals accused of abuse or neglect.
To initiate an appeal of a DCFS/CFS/CPS determination, you must provide DCFS/CFS/CPS with a notice of intent to appeal. Subsequently, a pre-hearing conference is conducted via phone. Depending on the case’s complexity, multiple pre-hearing conferences may be necessary.
How Can an Attorney Help Me? If you are facing allegations from DCFS/CFS/CPS, contact Walter Shaw today. We have successfully handled over 1,000 cases.
At Shaw 3 Law Firm, we understand that facing an investigation from in your Juvenile Dependency (CPS/DCFS/CFS Defense) case is frightening and stressful. From the second you hire our Defense law firm, we work diligently to obtain the best results possible.
To schedule your free consultation, call: 951-263-0412.
When a DCFS/CFS/CPS Case Open
Detention / Initial Hearing
The Court holds the Detention/Initial Hearing in a CFS/CPS/DCFS case to decide whether to remove your children from your custody under the California Welfare and Institutions Code (WIC).
The Judge typically bases this decision on the details outlined in the report of the allegations against you. An experienced CPS Defense Lawyer or DCFS Defense Lawyer can review this report and advocate against the removal of your children from your care.
We assist families facing DCFS or CPS involvement across Northern and Southern California, including Detention Hearing in Los Angeles, Detention Hearing in Riverside, Detention Hearing in San Bernardino, Detention Hearing in Orange Counties and plenty more.
Jurisdiction & Disposition Hearing
After the Judge decides whether to remove your children, they will address the specifics of the allegations. If the allegations are found true, the Judge will establish jurisdiction and decide where your children will live during the case.
The Judge will also consider family reunification services, family maintenance, visitation rights, and other appropriate orders.
A skilled CPS defense attorney will challenge weak allegations and fight for reunification or continued custody throughout the case.
We assist families facing DCFS, CFS and/or CPS involvement across Northern and Southern California, including Jurisdiction Hearing in Los Angeles, Jurisdiction Hearing in Riverside, Jurisdiction Hearing in San Bernardino, Jurisdiction Hearing in Orange Counties and plenty more.
We also assist families facing DCFS, CFS and/or CPS involvement across Northern and Southern California, including Disposition Hearing in Los Angeles, Disposition Hearing in Riverside, Disposition Hearing in San Bernardino, Disposition Hearing in Orange County and plenty more.
If the case remains unresolved, the next hearings are typically Review hearings. The CPS Defense attorney’s goal is to ensure you meet the Judge’s requirements, such as completing classes for reunification, including Parenting Education, Drug Testing, Anger Management, and Counseling.
The objective is to finish these classes and show significant progress. Your attorney will then argue for your reunification with your children or the closure of the case.
You generally have 6 to 12 months for reunification, depending on your children’s ages. Consulting with a CPS Defense attorney is crucial to navigate this process.
Termination of Parental Rights Hearing
If the Judge deems your progress unsatisfactory, the subsequent and typically final hearing pertains to the termination of parental rights. This phase underscores the critical role of a CPS Defense Attorney. Presenting evidence and compelling arguments becomes paramount to persuade the Judge to maintain your parental rights.
Additionally, it’s essential to demonstrate why the termination of your parental rights would be detrimental to your children. If your case has reached this stage, retaining our services becomes crucial.
What To Do if I Have An Open DCFS/CFS/CPS Case?
Having a California CPS Defense Attorney and/or DCFS Defense Attorney by your side during court proceedings is crucial. Juvenile Dependency cases can be extremely challenging and emotionally taxing to navigate alone. We are committed to protecting your rights in juvenile dependency cases across Northern and Southern California.
Attorney Walter Shaw is dedicated to defending your family against CPS or DCFS petitions throughout the proceedings.
Additional Frequently Asked Questions:
Understanding CPS and Its Processes
- What is California Child Protective Services (CPS)?
- CPS is a government agency responsible for investigating reports of child abuse and neglect to ensure child safety.
- What triggers a CPS investigation in California?
- Reports from mandated reporters (teachers, doctors, police), anonymous tips, or signs of abuse/neglect.
- How does CPS define child abuse and neglect?
- Physical, emotional, or sexual abuse, neglect, or exposing a child to dangerous environments.
- What are the steps involved in a CPS investigation?
- Intake of report → Initial assessment → CPS Interviews & home visits → CPS Provides a Decision on their findings.
- How long does a CPS investigation typically last?
- Typically up to 30 days, but can extend to 90 days in complex cases.
- What rights do parents have during a CPS investigation?
- Right to remain silent, legal representation, refuse entry without a warrant, and challenge findings.
- Can CPS interview my child without my permission?
- Yes, if they believe it’s necessary to protect the child.
- What is the difference between CPS and DCFS in California?
- DCFS (Department of Children and Family Services) is the agency name in some counties; both handle child welfare. CPS (Child Protection Services) which is another name of a child welfare agency.
- What happens if CPS finds allegations to be unsubstantiated?
- If CPS finds the allegations to be unsubstantiated, then CPS will close the case with no further action unless new reports emerge.
- Can CPS close a case without notifying the parents?
- Generally, they must inform parents unless safety concerns exist.
- What is a safety plan, and when is it implemented?
- A safety plan is a voluntary agreement to address concerns and avoid child removal.
- How does CPS determine if a child should be removed from the home?
- CPS determines if a child should be removes from the home based on evidence of imminent danger, court orders, or law enforcement involvement.
- What is the role of a social worker in a CPS case?
- The social worker role in a CPS case is to investigate allegations, ensuring child safety, and making recommended services.
- Can CPS take action based on anonymous reports?
- Yes, CPS can take action based on a anonymous report, if there is enough information to warrant an investigation.
- What are the possible outcomes of a CPS investigation?
- The possible outcomes of a CPS investigation can consist of: Case closure, voluntary services, court intervention, or child removal.
- How does CPS handle cases involving domestic violence?
- They assess the risk to the child and may offer services or remove the child.
- What is the CPS process for reunification after a child has been removed?
- Parents completing court-ordered services and demonstrating stability.
- Can CPS investigate cases involving teenagers?
- Yes, CPS can investigate cases up to the age of 18 if abuse or neglect is suspected.
- What is the difference between a substantiated and unsubstantiated report?
- Substantiated: evidence found. Unsubstantiated: no sufficient evidence.
- How does CPS interact with law enforcement during investigations?
- The CPS may collaborate if criminal charges are involved.
Legal Representation and Defense
- Why should I hire a CPS defense lawyer in California?
- To protect your rights, navigate legal procedures, and challenge allegations. Lawyers at Shaw 3 Law Firm can help you with all of that.
- What qualifications should I look for in a CPS defense attorney?
- Experience in family law, child welfare cases, and trial litigation. Lawyers at Shaw 3 Law Firm meets these qualifications.
- How can a CPS defense lawyer assist during an investigation?
- By advising on interactions, representing you in hearings, and challenging evidence. Lawyers at Shaw 3 Law Firm can help you with all of that.
- What is the attorney’s role during CPS interviews and home visits?
- The attorney’s role will be to ensure questions are fair and your rights are not violated. Lawyers at Shaw 3 Law Firm will help you.
- Can a lawyer prevent CPS from removing my child?
- Yes, by contesting claims and presenting counter-evidence.
- How much does it cost to hire a CPS defense attorney in California?
- Fees vary widely, ranging from $3,000 to $10,000+ depending on complexity. Shaw 3 Law Firm is flexible with your financial situation and also provide affordable payment plans.
- Are there free or low-cost legal services available for CPS cases?
- Yes, legal aid organizations and court-appointed attorneys are available. Unfortunately, currently Shaw 3 Law Firm does does not provide free representation for CPS cases.
- What is the difference between a public defender and a private CPS defense lawyer?
- Private lawyers are hired by clients; public defenders are assigned if you can’t afford one.
- How do I find a reputable CPS defense attorney in my area?
- Check bar associations, online reviews, and referrals. Lawyers at Shaw 3 Law Firm have excellent online reviews and often referred cases by reputable public figures in the community.
- Can a CPS defense lawyer help if my parental rights are at risk of termination?
- Yes, they can present evidence to counter termination claims. Lawyers at Shaw 3 Law Firm can help you if your parental rights are at risk of termination.
- What should I expect during my initial consultation with a CPS defense attorney?
- Case review, legal options, and possible strategies. Lawyers at Shaw 3 Law Firm will be there for you.
- How can a lawyer help me understand the allegations against me?
- By reviewing CPS documents and explaining legal terminology. Lawyers at Shaw 3 Law Firm will help you understand the allegations against you and come up with a plan of attack.
- What strategies do attorneys use to defend against CPS allegations?
- Disproving claims, gathering evidence, and challenging procedures. Lawyers at Shaw 3 Law Firm will provide the provide strategies for your CPS case.
- Can a lawyer negotiate with CPS on my behalf?
- Yes, to seek case dismissal or reduced intervention. Lawyers at Shaw 3 Law Firm will assist with that.
- How does attorney-client privilege work in CPS cases?
- Communications with your lawyer remain confidential. Lawyers at Shaw 3 Law Firm will ensure that communications between you and us are confidential and privilege.
- What are the risks of representing myself in a CPS case?
- Lack of legal knowledge could result in unfavorable outcomes.
- Can a lawyer help me appeal a CPS decision?
- Yes, by filing appeals and motions to overturn decisions.
- How do I change my court-appointed attorney if I’m dissatisfied?
- Request a change through the court with valid reasons. If you are dissatisfied with a court appointed attorney and want a private attorney, then contact lawyers from Shaw 3 Law Firm.
- What is the role of a Guardian ad Litem in CPS cases?
- They represent the child’s best interests in court.
- How can a lawyer assist in cases involving false allegations?
- By gathering evidence to disprove the claims.
Parental Rights and Responsibilities
- What are my rights as a parent during a CPS investigation?
- Right to legal counsel, refuse entry, and challenge allegations. Lawyers at Shaw 3 Law Firm will protect your rights.
- Can I refuse entry to CPS workers without a court order?
- Yes, unless they have a warrant or police accompaniment. Lawyers at Shaw 3 Law Firm will help guide you on the best way to approach this.
- What should I do if CPS wants to interview my child at school?
- Request to be present or have legal representation.
- How can I protect my parental rights during a CPS case?
- By following legal advice, documenting interactions, and cooperating legally.
- What are my options if CPS wants to place my child in foster care?
- Request placement with relatives or appeal the decision. Lawyers at Shaw 3 Law Firm will help you with this.
- Can I request placement of my child with relatives instead of foster care?
- Yes, CPS prefers relative placement over foster care.
- What is a case plan, and am I required to follow it?
- A plan outlining steps for reunification, which courts expect parents to follow.
- How can I demonstrate my fitness as a parent to CPS?
- By providing a safe home, attending services, and following recommendations. Lawyers at Shaw 3 Law Firm will help guide you throughout the process to show to the judge that you are a fit parent.
- What happens if I don’t comply with CPS recommendations?
- Risk of losing custody or extended case duration.
- Can I attend all court hearings related to my CPS case?
- Yes, unless restricted by the court.
- How do I request visitation with my child during a CPS case?
- Through the court or CPS caseworker.
- What are my rights regarding medical decisions for my child during a CPS case?
- CPS may make decisions if you lose custody temporarily.
- Can I be forced to take parenting classes or undergo counseling?
- Yes, as part of a case plan.
- How does CPS handle cases involving cultural differences in parenting?
- They consider cultural factors but prioritize child safety.
- What should I do if I feel my rights are being violated by CPS?
- Consult an attorney and document violations. Lawyers at Shaw 3 Law Firm will help you with this process.
- Can I relocate to another state during an open CPS case?
- Not without court approval.
- How can I obtain records related to my CPS case?
- By submitting a records request to CPS.
- What is the process for regaining custody after CPS involvement?
- Completing case plans and proving parental capability.
- Can I sue CPS for wrongful removal of my child?
- Yes, if your rights were violated. Lawyers at Shaw 3 Law Firm can help you with this.
- How does CPS address parental rights in cases involving substance abuse?
- They may require treatment before reunification.
Attorney Walter Shaw as well as the whole Shaw 3 Law Firm team is dedicated to defending your family against CPS or DCFS petitions throughout the proceedings. Contact us if you have any further questions. We are more than happy to help.
