Posted by Jomo Stewart | Feb 14, 2024 |
YOU MUST KNOW THIS
The CPS social worker has other options rather than removing your children from your home.
First, the CPS social worker can make referrals for services to a family and NOT file a Petition.
Second, the CPS social worker can offer “voluntary” services and NOT file a Petition
...
Posted by Jomo Stewart | Feb 01, 2024 |
Definitions relating to CPS Investigations (California Penal Code § 11165.12)
(a) “Unfounded report” means a report that is determined by the investigator who conducted the investigation to be false, to be inherently improbable, to involve an accidental injury, or not to constitute child abuse...
Posted by Jomo Stewart | Jan 31, 2024 |
Detention Hearing
The first hearing in a Juvenile Dependency case is called a “Detention Hearing.” A Detention Hearing is held when a child is removed from the home of one their parents or a guardian. At a Detention Hearing, the Juvenile Judge determines whether the child will be further deta...
Posted by Jomo Stewart | Dec 12, 2023 |
What is “FM”
“FM” is an acronym for Family Maintenance.
Family Maintenance are services provided or arranged for by CPS in order to keep children in their own homes.
Family maintenance services such as parenting class and counseling are provided to kids that are in the Dependency syst...
Posted by Jomo Stewart | Dec 11, 2023 |
What is “FR” (Family Reunification Services)
“FR” stands for Family Reunification services. The purpose of Family Reunification services is to reunify children with their parents after they have been removed from the parent due to abuse or neglect. Family Reunification services usually include s...
Posted by Jomo Stewart | Feb 19, 2023 |
Under California Law, a Parent may use “reasonable and age-appropriate spanking to the buttocks if there is no evidence of serious physical injury.” (Welf & I C §300(a))
If you are a Parent and you decide to spank your child, we strongly suggest that you not Spank your child with ANY object suc...
Posted by Jomo Stewart | Jan 25, 2023 |
Welfare and Institutions Code Section 328 requires CPS to interview Minors over the age of four years old.
“The social worker shall interview any child four years of age or older who is a subject of an investigation, and who is in juvenile hall or other custodial facility, or has been removed to...
Posted by Jomo Stewart | Jan 18, 2023 |
When an emergency referral is made to CPS, it is usually an “Emergency Response” social worker (a.k.a. ER Worker) who assesses the potential risk and danger to the child and decides whether the risk to the child requires an in-person immediate investigation.
Know the Law!
California Welfare &...
Posted by Jomo Stewart | Jan 12, 2023 |
When children come to CPS's attention, the Social Worker is solely responsible for determining whether to start Juvenile Dependency proceedings.
Welfare & Institution Code §328 states:
“If the social worker has cause to believe that there was or is within the county, or residing in the county...
Posted by Jomo Stewart | Jan 09, 2023 |
The Juvenile Court Judge may not incarcerate a Parent solely for their failure to satisfy aspects of a voluntary reunification Case Plan. (In re Nolan W. (Cal. 2009), 45 Cal. 4th 1217). However, if you fail to comply with your case plan the Judge does have the remedy and power to terminate your r...
Posted by Jomo Stewart | Dec 30, 2022 |
The fact that Marijuana Use in California is Legal does not mean that it cannot create a risk of harm to your children. (In re Alexis E. (2009) 171 Cal.App.4th 438, 452)
That is, even legal use of Marijuana can be abuse if it presents a risk of harm to your kids. (Amy P. v. Jonathan P., 2022 Ca...
Posted by Jomo Stewart | Dec 27, 2022 |
Penal Code Section 11166.05 states
any mandated reporter who has knowledge of or who reasonably suspects that a child is suffering serious emotional damage or is at a substantial risk of suffering serious emotional damage, evidenced by states of being or behavior, including, but not limited ...
Posted by Jomo Stewart | Jun 15, 2022 |
KNOW YOUR RIGHTS #5
Did you know that CPS Social Workers have to abide by certain California State Regulations? These state regulations are called the “California Department of Social Services Manual, Division31.” This is commonly referred to as the “Division 31 Manual.” Be assured that most So...
Posted by Jomo Stewart | Jun 10, 2022 |
Have you ever wondered who exactly are Mandated Reporters?
California Penal Code section 11165.7 defines or list the persons who are Mandated Reporters. Please be aware that the nice “CASA” Volunteer (Court Appointed Special Advocate) is a Mandated Reporter also!
In addition, Be Aware that “a...
Posted by Jomo Stewart | Jun 07, 2022 |
Positive Toxicology Babies (Pos Tox Babies)
A positive toxicology screen for drugs or alcohol in a newborn baby is not in and of itself sufficient for a CPS Referral or CPS Report for child abuse or child neglect (California Penal Code Section 11165.13)
However, many Hospitals make a CPS Refe...
Posted by Jomo Stewart | Jun 05, 2022 |
KNOW YOUR RIGHTS
ANYONE can make a CPS Report against YOU to CPS even if it is not true. Moreover, under California law, the person making the report can remain anonymous. (Penal Code section 11167) Therefore, it is common that people make false reports to CPS, especially when there are Divorce ...
Posted by Jomo Stewart | Jun 01, 2022 |
PURPOSE OF THE CALIFORNIA DEPENDENCY SYSTEM
The objective of California Dependency System is to provide for the protection and safety of every child under the jurisdiction of the Juvenile Court and to preserve and strengthen the family ties whenever possible, removing children from the custody o...
Posted by Michelle Stewart | Dec 03, 2020 |
Guide to Dependency Court For Parents (Video)
Posted by Michelle Stewart | Nov 18, 2020 |
Sign up for the free Constitution 101 course at Hillsdale College.