Criminal Cases Can Lead to Juvenile Dependency / CPS Cases

One incident. Two courts. Two cases. One devastating outcome if you handle them wrong.

Criminal Cases Can Lead to Juvenile Dependency / CPS Cases

Parallel proceedings — when a single allegation triggers both a criminal case and a juvenile dependency case at the same time — are one of the most dangerous and least understood situations in California family law. When a criminal charge involves child endangerment, child abuse, or child neglect, California law enforcement is required to notify the local CPS agency, and that notification can immediately open a separate juvenile dependency case under Welfare & Institutions Code § 300.

The two proceedings run on entirely different tracks. The criminal case proceeds in California Superior Court under a beyond-a-reasonable-doubt standard of proof. The dependency case proceeds in Juvenile Court under a preponderance-of-the-evidence standard — meaning the state can remove a child on a far weaker evidentiary showing than would ever be required to secure a criminal conviction. Each case demands its own legal strategy, and any statement made in one proceeding can be used against the parent in the other.

Child Protective Services (CPS) can be notified of child abuse or child neglect in several ways, including mandated reporters, concerned calls to CPS, police investigations, and open criminal cases. Sometimes, when a criminal charge involves child endangerment, child abuse, or child neglect, the police department will notify the local CPS Agency. Some criminal cases that can lead to a juvenile dependency or CPS case being opened are:

1. Domestic Violence – Where the children witness or are in close proximity to the domestic violence incident.
2. Driving Under the Influence – Violations of driving under the influence of alcohol, drugs, or a combination of both, while children are in the vehicle.
3. Abandonment and Neglect of Children Crimes
4. Battery and Assault Crimes – Where the children witness or are in close proximity to the domestic violence incident.
5. Theft Crimes – Theft crimes in which the children were present.
6. Other – Any crime in which the children were witnesses, were present or were in close proximity.

Unlike in criminal proceedings, the police report can be used as evidence in juvenile or child dependency proceedings.

What are Juvenile or Child Dependency Proceedings?

In juvenile or child dependency proceedings, the juvenile court will determine whether a parent or guardian has been abusive or neglectful. Based on its findings, the juvenile court may temporarily or permanently remove the child from the parent’s home. If the child is removed temporarily, the court can provide family reunification services to try to reunite parents or guardians with their children. Reunification services can include ordered monitoring and classes. If a child is permanently removed from the home, the court may terminate the parent’s rights, and another family can adopt the child.

Are The Criminal Case and the Juvenile Dependency / CPS Case Combined?

No. If you have an open criminal case and an open juvenile dependency case arising from the same conduct, you will need to handle each case separately. In a situation like this, the best thing you can do is hire a lawyer who can handle both your criminal case and your juvenile dependency case.

Juvenile court is rarely an easy situation for anyone involved, especially when child protective services get involved. With stress and anxiety comes fear and confusion. Parents and children alike must understand what it means when they get notice of juvenile dependency proceedings. You should prepare yourself for the worst-case scenario to occur even if the allegations are false. Because of the severity of the consequences, you cannot just trust your case to just anyone. At ALL Trial Lawyers, we have years of experience handling BOTH  criminal cases AND juvenile dependency / CPS cases.

If you or a loved one is facing criminal charges or has an open juvenile dependency case, you need the criminal defense lawyers and juvenile dependency lawyers at ALL Trial Lawyers by your side. The attorneys at ALL Trial Lawyers are trial attorneys with years of experience. They know the law, and they’re not afraid to take your case to trial. In addition, they have a strong reputation among judges and prosecutors throughout Southern California, which has delivered tremendous victories for their clients. Our ultimate goal is to deliver the best results that can be achieved in your case— whether that be by way of outright dismissal, a favorable plea bargain deal, or an acquittal of the charges at trial. With ALL Trial Lawyers by your side, you can rest assured that the criminal team will be giving you their all.

Call us right now for your free consultation. Our attorneys are ready to discuss your case. Call us at (866) 811-4255.