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Being accused of child abuse or neglect is a heartbreaking experience. If Child Protective Services (CPS) is investigating a claim that was made against you, you’ll want to know how to protect yourself. A CPS investigation is often the first step to a Juvenile Dependency / CPS case being opened against you and your child(ren) being removed from your home.
When you feel that the claims made against you are false, frivolous, or even malicious, you should still take the CPS investigation seriously. The social worker can take your child if they find evidence supporting the claim, but you do have rights throughout this process. For example, California Penal Code protects the identity of any person who makes a claim, stating that information must be kept confidential.
Other information may generally be provided on your copy of the SOC 832, which is the Notice of Child Abuse Central Index Listing. Along with this form that details the charges CPS is investigating, the social worker or agency should also furnish copies of the SOC 833 and 834.
A SOC 833 explains your right to a grievance hearing and the procedure involved in that process. Should you decide to request a grievance hearing, you must complete the SOC 834.
You can have a lawyer present! You don’t have to talk to them alone – and you shouldn’t! Despite how emotionally charged these situations are, you must remain calm when interacting with social workers and police officers. Anything you say will be used in a CPS investigation as evidence. In many circumstances, it is best to say nothing at all. Unfortunately, many social workers approach each new case with the presumption of guilt, and confirmation bias controls any further interactions or conversations they have with you.
Unless they show up at your door with a search warrant in hand, do not let them in. It is second nature for many people to want to be accommodating and cooperative as the best course of action to prove their innocence, but this is not always the case. CPS claims that their goal is for children to stay in their homes when it is safe to do so, but upon entering your home, they will likely be looking for evidence to support the claims they’re investigating.
If the claim against you is for any kind of physical abuse, you will want your child to obtain a physical examination by their doctor as soon as possible. The pediatrician will evaluate medical history and current findings, paying specific attention to bruising patterns, tenderness, and possibly radiographic tests like x-rays.
If CPS removes the child from your home, you should have a list of people who can take them while the investigation is ongoing. This list can include the child’s grandparents, aunts, uncles, or any other relatives or close friends of the family who can provide a safe space for them until they are cleared to return home.
CPS investigations can make even the best parents feel scared and helpless. Knowing what rights you and your family have can help you get through this difficult process.
Child Protective Services (CPS) is an agency responsible for investigating reports of child abuse and neglect. The agency’s primary goal is to ensure the safety and well-being of children while supporting families to provide a safe home environment.
CPS operates under specific guidelines and laws that vary by state but generally involves the following responsibilities:
•Investigating Reports of Abuse or Neglect: CPS investigates complaints or reports submitted by mandatory reporters (e.g., teachers, doctors, or neighbors) or concerned individuals.
•Assessing Child Safety: The agency evaluates the living conditions and circumstances to determine if a child is at immediate risk.
•Providing Services: If the child remains with their family, CPS may offer resources like parenting classes, counseling, or substance abuse treatment to help improve the home environment.
•Temporary Removal: In situations where a child’s safety cannot be assured, CPS may recommend temporary removal of the child from the home. This can lead to foster care placement or a kinship care arrangement.
It’s important to note that while CPS’s mission is to protect children, the process can feel invasive and intimidating for families. If CPS comes to your home, it’s critical to understand your rights and obligations during the investigation.
When CPS comes to your home, it’s often because they’ve received a report alleging child abuse or neglect under California’s Welfare and Institutions Code (WIC) Section 300.
In California, child abuse can include physical harm, emotional trauma, sexual exploitation, or willful cruelty inflicted on a child.
Child neglect, on the other hand, typically involves failing to provide basic necessities like food, shelter, clothing, medical care, or proper supervision, which puts the child at risk. These allegations can lead to CPS investigations, court hearings, and even the removal of your child from your home.
If you’re facing these serious accusations, it’s crucial to have an experienced CPS defense lawyer by your side.
At All Trial Lawyers, we specialize in defending families against CPS allegations, helping you navigate the legal process while protecting your rights and working toward the best possible outcome for your family.
You deserve to have an experienced lawyer who will help you fight to get your children back. If you are dealing with a Juvenile Dependency or CPS case, you need the juvenile dependency attorneys at ALL Trial Lawyers by your side. Don’t risk calling the wrong lawyer.
We have handled hundreds of juvenile dependency cases in Orange County, Los Angeles County, San Bernardino County, San Diego County, and Riverside County. Click to learn more about how CPS cases work in California.
We have an office located near you, and we’re ready to start working on your case.
Call us now to speak to a lawyer and for your free consultation. Call (866) 811-4255.
An investigation was initiated after an infant sustained unexplained skull fractures, placing both the infant and a sibling at risk of removal. All Trial Lawyers immediately guided the family through every stage of the investigation, providing strategic legal counsel from the outset. In less than one month, the Agency closed the investigation without court involvement, allowing the family to remain together.
Parents retained All Trial Lawyers before they even knew the nature of the allegations being investigated. Counsel attended the investigative interview, learned the allegations alongside the family, and immediately implemented a strategic response. Despite allegations involving physical abuse, neglect, and domestic violence, the investigation was resolved without court intervention, allowing the family to move forward without dependency proceedings.
All fields are required. If you need immediate assistance, do not hesitate to call us at (866) 811-4255.
Mohammad Abuershaid, professionally known as Mo Abuershaid, is the founding partner of ALL Trial Lawyers and one of California’s most trusted authorities in dependency law, juvenile dependency cases, CPS defense, and high stakes CPS cases.
