Juvenile Dependency (CPS & DCFS Defense)
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.
DCFS/CFS/CPS is tasked with probing allegations of child abuse or neglect and deciding on actions such as child removal or 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 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.
Recent Shaw 3 Law Firm Case Results:
In re A.B: (Physical Abuse Allegation (WIC 300(a): Dismissed/Found Not True) Client, Ms. Claire was a mother being falsely accused of physical abuse towards your children. CPS investigated the matter and removed the children from her care. Ms. Claire contacted us at Shaw 3 Law Firm to fight the false allegation brought against her. Mr. Shaw came onto the case. Mr. Shaw set the matter for a trial and fought the allegations. After heavy litigation the mother's Physical Abuse allegation were dismissed. Ms. Claire was happy with the result of her Physical Abuse allegation being dismissed.
In re C.W: (Untreated Mental Health Allegation (WIC 300(b): (Dismissed/Found Not True): DCFS accused the client for having an untreated mental health allegation, specifically anxiety and depression, which substantially affect the physical and/or emotional health of the child in the case. The client believed the allegations were not true as her mental health was not an issue in caring for her child. Client hired Shaw 3 Law Firm to help fight the allegation. Mr. Shaw came on board, where he negotiated and litigated heavy for his client. At the end of it, the client's Untreated Mental health allegation was dismissed and found untrue as it relates to affecting her child's physical health and emotional well-being. The client had her child placed in her care. Months later her case was dismissed and closed. The client was overall happy of the results.
In re E.J: (388 Motion for unsupervised visitation, overnights and weekends GRANTED): The father of the case had supervised visitation and has completed his case plan as requested by CFS. In addition to that, the father demonstrated his benefit from the services he has completed. But yet, CFS did not provide the father with liberalized visitation to help with reunification. Mr. Shaw came onto the case. Mr. Shaw reviewed the case and determined there was a high chance to get better visitation to help with reunification. Mr. Shaw filed a 388 Petition Motion, showing the court that there is a changed circumstance due to the father having consistent and quality visitation as well as case plan completion, therefore the father get more liberalized visitation was for the best interest of the child. The judge agreed with Mr. Shaw and granted the 388 Motion where Father received Unsupervised Visitation, overnights and weekends. Months later, his child was returned under his care and the case was dismissed and closed.
In re J.D: (CPS Case Closed): Client is the biological father of his 2 kids in the case. The client is a Social Media Influencer in the Medical field in Southern California. When the opportunity came, multiple haters decided to make unwarranted referrals to the DCFS based on his social media posts as it relates to his children. Mr. Shaw came onto the case and was able to resolve the matter and eventually leading his DCFS case being dismissed with a Family Law Order. The client was happy and relieved at the end of it.
In re R.S: (De Facto Status Motion Granted): Client is the Maternal Great Grandmother (MGGM) of the child in the DCFS case. The child has been living and being provided for by the MGGM financially, emotionally, and physically. However, the client did not have any say nor rights to the DCFS case and she wanted to be an involved party. Client retained Mr. Shaw and his firm for help. Mr. Shaw reviewed the case and filed the De Facto Status Motion with the proper legal support and facts. The judge granted the De Facto Status Motion. Now the client is an official involved party to the case. Client was so happy.
In re L.J (Motion to reopen the case and terminate legal guardianship and for the client to get reunification services GRANTED): Client is the biological mother of three kids. Her CPS case closed granting legal guardianship to her relative. After the case closed, the client circumstances has changed where she was engaged in new services and no longer in a toxic relationship affecting her children lives. A motion was filed on her behalf and Mr. Shaw argued the case for her. The court heard arguments and granted the motion to reopen the case and give mother a chance to reunify with her children. A success story where the client gets a 2nd chance to get her kids back.
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. There exists a statewide hotline for reporting such incidents, which certain professionals, like doctors and teachers, are mandated to contact in case of suspected abuse or neglect. The hotline personnel are obligated to inquire about specific details regarding the alleged abuse. Depending on the information disclosed by the caller, an investigation may be initiated.
What occurs during a DCFS/CFS/CPS Investigation?
A DCFS/CFS/CPS 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. Furthermore, in some legal proceedings, it has been determined that DCFS/CFS/CPS personnel acted improperly in establishing 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 DCFS/CFS/CPS 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 OPENS:
Detention/Initial Hearing:
The initial hearing in a CFS/CPS/DCFS case is known as a Detention/Initial Hearing. During this hearing, the Court determines whether your children should be removed 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 offer assistance to families facing DCFS or CPS involvement in both Northern and Southern California, including areas such as Los Angeles County, Riverside County, San Bernardino County, San Diego County, and Orange County.
Jurisdiction & Disposition Hearing:
Once the Judge has determined whether your children will be removed from your care or remain under your custody, the next step is addressing the specifics of the allegations against you as the parent. If the Judge finds the allegations to be true, they will establish jurisdiction over your children and decide where they can legally reside while the case is ongoing.
Simultaneously, the Judge will also consider whether to provide you with family reunification services, family maintenance, visitation rights, and any other orders deemed appropriate under the circumstances.
A skilled California CPS Defense attorney will challenge any weak allegations against you and advocate for your children to be reunified or maintained with you throughout the case. We can assist you with this process.
Review Hearings: (6 Month, 12 month, 18 Month and even 24 Month):
If the case remains unresolved, the subsequent hearings often involve Review hearings. During these hearings, the primary goal of the CPS Defense attorney is to ensure that you are fulfilling all necessary requirements, within reasonable bounds, to satisfy the Judge regarding the completion of required classes for reunification. These classes may encompass Parenting Education, Drug Testing, Anger Management, Counseling, and more.
The aim is to successfully complete these classes and demonstrate significant progress. Subsequently, your CPS Defense Attorney, such as ourselves, will present arguments to the Judge advocating for your reunification with your children and/or for the closure of the case. Depending on your children's ages, you typically have a timeframe of 6 to 12 months to achieve reunification. This underscores the importance of consulting with a CPS Defense Attorney regarding your case.
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 deeply committed to representing you and safeguarding your rights throughout juvenile dependency cases in both Northern and Southern California.
Attorney Walter Shaw is dedicated to protecting your rights throughout the juvenile dependency proceedings and defending your family against petitions filed by CPS or DCFS.
