Guide to Dependency Court – For Parents

Under Welfare & Institutions Code section 305, a police officer may remove a child from the care of their Parents, without a warrant, if the police officer has reasonable cause to believe that the child is in:1) Immediate need of medical care,2)  Danger of physical or sexual abuse, or3)  An envir...

Families should not be subject to the jurisdiction of the juvenile court nor should children be separated from their parents based on conditions of financial difficulty, including, but not limited to, a lack of food, clothing, shelter or childcare. (Welfare and Institution Code Section 300.2)

What is a 388 Petition?   A 388 Petition is a motion filed under Welfare and Institutions Code section 388. A 388 Petition can be filed by ANY interested person, and the 388 Petition is used to modify a previous order of the Juvenile Judge based upon new evidence or a change of circumstances wh...

Relative Placement and Criminal Convictions Relatives with Criminal convictions can still seek placement!   Under Health Safety Code § 1522, CPS has the ability to grant Criminal exemptions. Relatives with Criminal convictions can seek Criminal exemptions from CPS for convictions except for  f...

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 ...

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...

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...

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...

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...

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...

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...

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 &...

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...

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...

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...

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 ...

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...

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 ...