20+ year of experience
Trial ready
Personal attention
When Child Protective Services becomes involved with your family, the decisions you make at the beginning of the case can affect what happens later in juvenile dependency court. Parents who want to fight a CPS case in California should understand the allegations, preserve evidence, comply with court orders, and prepare for each stage of the dependency process.
A CPS allegation does not automatically determine the outcome of a case. Social workers investigate allegations and make recommendations, but California juvenile dependency judges make the ultimate court decisions concerning detention, jurisdiction, disposition, reunification, placement, and custody. Learn more about what CPS can and cannot do in California.
This article provides general information about California juvenile dependency proceedings. It is not legal advice for any individual case. Dependency cases are highly fact specific and can move quickly. Parents should speak with a qualified California juvenile dependency attorney about their particular circumstances.
A CPS investigation may begin after a referral involving alleged abuse, neglect, unsafe living conditions, domestic violence, substance use, lack of supervision, or another concern involving a child’s safety.
The initial contact may occur through:
During the investigation, the social worker may gather information to determine whether the referral should be closed, whether voluntary services may address the concern, whether a safety plan should be proposed, or whether county counsel should seek the filing of a petition under California Welfare and Institutions Code section 300.
Parents should remain calm and respectful when communicating with CPS. Arguing with a social worker, making threats, or providing false information can make an already difficult situation worse.
At the same time, cooperation does not mean that a parent must give up legal rights without understanding the consequences.
Depending on the circumstances, a parent may be able to:
Parents can ask what allegations are being investigated without necessarily consenting to a search of the home. More information concerning parental rights during child welfare investigations is available through the ACLU of Southern California.
A parent who is uncertain about how to respond can communicate respectfully without providing substantive answers before obtaining legal advice. For example:
“I want to cooperate appropriately. Please tell me the allegations you are investigating and provide your contact information. I would like to speak with my attorney before answering substantive questions or signing anything.”
One of the most important practical steps in defending a CPS case is creating an organized and accurate record.
Dependency cases often involve competing accounts of what occurred. Memories can fade, records can become difficult to obtain, and reports may not include every fact or explanation a parent believes is important.
Parents should consider maintaining a case file containing relevant materials such as:
Documentation can help an attorney evaluate what CPS is alleging, identify inconsistencies, and present evidence concerning the child’s current safety and the parent’s progress.
A strong defense generally requires more than simply asserting that a CPS report is false.
The defense should identify:
California Welfare and Institutions Code section 300 identifies circumstances under which a child may fall within the jurisdiction of the juvenile dependency court. A section 300 petition asks the juvenile court to determine whether the statutory requirements for dependency jurisdiction have been established.
Once a petition is filed, parents should review the allegations with their attorney carefully.
Important materials may include:
The goal is to analyze each allegation separately rather than responding generally to the entire CPS case.
For each allegation, parents and counsel should consider several questions.
Identify the specific factual allegation rather than responding to a vague characterization of the case.
A detailed timeline may help establish where family members were, who was present, what occurred, and what contemporaneous documents exist.
Potential evidence may include calendars, text messages, receipts, school records, medical records, photographs, and other dated information.
Witnesses with personal knowledge may be particularly important. Depending on the allegations, potential witnesses can include teachers, childcare providers, relatives, neighbors, healthcare professionals, therapists, employers, or other individuals who personally observed relevant events.
Dependency proceedings often concern not only what allegedly occurred in the past, but also whether circumstances currently present a risk to the child.
Evidence concerning present conditions may therefore be significant.
When appropriate, counsel may present alternatives to removal, including placement with a nonoffending parent, relative placement, appropriate supervision, services, safety measures, or monitored contact.
Where CPS relies on an injury, absence, behavioral concern, medical condition, or other disputed circumstance, reliable records or qualified testimony may provide additional context.
Speculation should not substitute for evidence.
Parents understandably experience anger, fear, and frustration during dependency proceedings. However, communications and conduct during the case may later appear in reports or court proceedings.
Parents should generally avoid:
Parents should be truthful. They should also avoid guessing when they do not know an answer.
If an allegation could also create criminal exposure, coordination between dependency counsel and criminal defense counsel may be especially important.
A California dependency case involves multiple hearings. Each stage serves a different purpose, and the issues that matter at one hearing may differ significantly from those presented later in the case.
The detention hearing is generally the first court appearance after CPS removes a child or files a dependency petition seeking detention.
The detention hearing concerns temporary placement and immediate safety. It is not the final determination concerning whether every allegation in the petition is true.
Parents and counsel should be prepared to address issues including:
Learn more about detention hearings in California dependency court.
California Courts guidance explains that when a child has been removed, the initial dependency hearing occurs very quickly. This is one reason parents should begin gathering records and identifying witnesses immediately rather than waiting until a later hearing.
At the jurisdiction hearing, the juvenile court determines whether the allegations in the dependency petition have been proven.
This stage may provide an opportunity to challenge allegations based upon issues such as:
Depending on the facts and applicable law, an attorney may seek to:
A jurisdiction hearing should not be treated as a formality. Findings made at jurisdiction can affect disposition, services, visitation, placement, reunification, and later review hearings.
If the juvenile court sustains one or more allegations, the case ordinarily proceeds to disposition.
At disposition, the court determines what orders should govern the family moving forward.
Those orders may concern:
Parents should work with counsel to advocate for orders that address the actual findings and are reasonably capable of being completed.
Relevant considerations can include:
Parents should obtain written information concerning programs, referrals, requirements, and deadlines whenever possible.
California Courts provides additional information concerning juvenile dependency proceedings and reunification services.
Review hearings are important stages of a dependency case.
The juvenile court may consider the parent’s participation in the case plan, the reasonableness of services, visitation, the child’s circumstances, the parent’s progress, and whether the child can safely return home.
California dependency status review hearings generally occur at six month intervals while the court continues monitoring the case.
At a six month review involving a child who remains outside both parents’ care, the court considers whether returning the child would create a substantial risk of detriment. Participation and substantive progress in court ordered services may be highly relevant to that decision.
Learn more about California six month dependency reviews.
Parents should not begin preparing for a review hearing only a few days before court.
Instead, maintain documentation throughout the case.
Consider keeping records showing:
If a program has a waiting list, conflicts with work, cannot accommodate a disability, or is otherwise unavailable, notify counsel promptly and document the problem.
The record should reflect both the barrier and the efforts made to resolve it.
Witnesses are generally more useful when they provide specific firsthand information rather than simply stating that someone is a good parent.
Depending on the allegations, potentially relevant witnesses may include:
A witness should focus on facts personally observed.
For example, a teacher may be able to discuss attendance, appearance, behavior, academic performance, or communications with the parent. A service provider may be able to describe attendance, participation, progress, and completion of treatment goals.
Parents should provide potential witness information to counsel early enough for the attorney to evaluate the witness and determine whether testimony would be useful.
Some parents fear that participating in counseling, parenting education, treatment, or another service automatically means they are admitting CPS’s allegations.
That is not necessarily the case.
Depending on the circumstances, a parent may participate in services while continuing to dispute a factual allegation or legal conclusion.
Parents should understand precisely what they are being asked to sign or complete.
Before signing an agreement or beginning a program, consider asking:
Court orders should be followed unless and until the court modifies them. If compliance becomes impossible, parents should raise the problem with counsel promptly rather than allowing unexplained noncompliance to accumulate.
Some problems in dependency cases arise not from the original allegation but from what happens after CPS becomes involved.
Common mistakes can include:
The objective is not to present a parent as perfect. The objective is to provide the court with credible evidence concerning safety, judgment, compliance, progress, and the child’s best interests.
The evidence that matters depends on the allegations.
Examples may include:
Medical records can provide evidence concerning a child’s diagnosis, injuries, treatment, medical history, appointments, medications, or the parent’s compliance with medical recommendations.
Attendance records, report cards, teacher communications, individualized education program documents, and behavioral records may provide information about the child’s circumstances.
Accurate photographs may document home conditions, repairs, sleeping arrangements, supplies, or other conditions relevant to a CPS allegation.
Text messages and emails may establish timelines, provide context, or document communications between parents, caregivers, professionals, and CPS.
Enrollment documents, attendance records, completion certificates, test results, and provider progress reports can help document compliance and progress.
Witnesses with personal knowledge may provide information that is missing from CPS reports or clarify disputed factual allegations.
The relevance and admissibility of particular evidence should be evaluated with an attorney based upon the facts of the case.
Juvenile dependency proceedings can affect where a child lives, who may have contact with the child, what services a parent must complete, and whether reunification occurs.
An attorney can review the allegations and reports, identify legal and factual issues, develop evidence, prepare witnesses, advocate at hearings, and challenge allegations or recommendations when supported by the facts and law.
Because dependency proceedings move quickly, obtaining legal advice early may provide counsel with more time to preserve evidence and address problems before they become harder to correct.
Families facing a CPS or Orange County Social Services Agency investigation should understand the allegations and potential consequences before signing documents, making substantive statements, or agreeing to restrictions they do not understand.
Social workers investigate allegations and may take emergency action under legally authorized circumstances, but juvenile dependency judges make the ultimate court decisions concerning dependency jurisdiction, custody, placement, and reunification.
ALL Trial Lawyers represents parents in Orange County juvenile dependency proceedings. Our attorneys can evaluate the allegations, review CPS reports, preserve evidence, prepare for detention and jurisdiction hearings, challenge unsupported allegations when appropriate, and advocate for a path toward keeping families together or achieving reunification.
If CPS is investigating your family or a dependency petition has already been filed, obtaining advice early can help you understand what happens next and how to prepare.
Contact ALL Trial Lawyers to schedule a free consultation regarding an Orange County CPS or juvenile dependency matter.
This article is for general informational purposes only and does not create an attorney client relationship. Past results do not guarantee future outcomes. Every dependency case depends on its individual facts, evidence, procedural posture, and applicable law.
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.