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Guide to Dependency Court – For Parents

Emergency Investigation: When is there a need for a CPS social worker to immediately respond to your home?

Posted by Jomo Stewart | Jan 18, 2023 | 0 Comments

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 & Institution Code § 16501 

County welfare departments shall respond to any report of imminent danger to a child immediately and all other reports within 10 calendar days. An in-person response is not required when the county welfare department, based upon an evaluation of risk, determines that an in-person response is not appropriate. This evaluation includes collateral contacts, a review of previous referrals, and other relevant information, as indicated. 

California Welfare & Institution Code §16504. Eligibility of endangered child for intake and evaluation of risk services 

“Any child reported to the county child welfare services department to be endangered by abuse, neglect, or exploitation shall be eligible for initial intake and evaluation of risk services. Each county child welfare services department shall maintain and operate a 24-hour response system. An immediate in-person response shall be made by a county child welfare services department social worker in emergency situations in accordance with regulations of the department. The person making any initial response to a request for child welfare services shall consider providing appropriate social services to maintain the child safely in his or her own home. However, an in-person response is not required when the county child welfare services department, based upon an evaluation of risk, determines that an in-person response is not appropriate. An evaluation of risk includes collateral contacts, a review of previous referrals, and other relevant information.”

About the Author

Jomo Stewart

Jomo Stewart is a dogged, diligent advocate for his clients. His clients appreciate his candor regarding the strengths and weaknesses of their case and the on-going advice as their case progresses. Mr. Stewart will not be out worked by opposing counsel, and he is unwilling to compromise unless h...

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