Limits on a Social Worker's Decision

During a CPS investigation, the social worker looks at whether conditions put your child at risk. But California law also sets limits. A social worker's decision must not be based solely on:

•       Spanking with no evidence of serious physical injury

•       Lack of emergency shelter for the family

•       A parent's failure to seek custody orders

•       Poverty or financial hardship, such as being unable to afford clothing, home repairs or child care

•       Cultural or religious child-rearing practices that differ from community standards, unless they pose a specific danger to the child

•       Spiritual treatment through prayer by a recognized church

•       A parent's or child's physical or mental disability

In 2022, the Legislature also stated that families shouldn't be brought into juvenile court, and children shouldn't be separated from their parents, because of financial difficulty such as a lack of food, clothing, shelter or child care (Welfare and Institutions Code 300.2(b)).

The key word is "solely." If the county has other safety concerns, these protections won't stop a case on their own. But when the investigation is really about money, culture, faith or disability, these rules give you a strong argument, and you should raise it early with the social worker.

If you believe CPS is investigating you for the wrong reasons, call me at (855) 472-7368 for a free consultation.