Guide to Dependency Court – For Parents

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 ...

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...

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 ...