Private or Court-Appointed Lawyer in a DCFS Case? What Pico Rivera Parents Should Know
Many parents assume the court will give them a lawyer as soon as DCFS gets involved. That is not how it works, and the gap matters.
Many parents assume the court will give them a lawyer as soon as DCFS gets involved. That is not how it works, and the gap matters.
When a social worker comes to a Pico Rivera home, one of the first things parents ask is whether they get a free lawyer. The answer is yes, eventually, but only if the case goes to court. Everything that happens before that, and a lot happens before that, you face on your own unless you hire someone.
Under Welfare and Institutions Code § 317, the juvenile court appoints counsel for parents who cannot afford a lawyer once a dependency petition is filed. In Los Angeles County, that appointed lawyer is typically from Los Angeles Dependency Lawyers, Inc. (LADL), and the appointment usually happens at the detention hearing at the Edelman Children's Courthouse in Monterey Park.
Appointed dependency lawyers handle difficult caseloads and are an essential protection. The question is not whether appointed counsel is good. It is when representation starts.
By the time the court appoints a lawyer, several important things have often already happened:
An appointed lawyer starts with that record. A private lawyer hired during the investigation can help shape it.
| Stage | Court-appointed lawyer | Private lawyer |
|---|---|---|
| Social worker's first visit | Not yet assigned | Can speak with the social worker for you |
| Interviews and drug test requests | Not yet assigned | Can advise before each one |
| Safety plan or Voluntary Family Maintenance (WIC § 301) | Not yet assigned | Can review and negotiate terms |
| Decision to file a petition | Not yet assigned | Can present evidence to prevent it |
| Detention hearing at Edelman | Usually appointed here | Already prepared with the record |
DCFS contacted your Pico Rivera family? Talk to a lawyer before the first interview, in English or Spanish.
Call 866-811-4255Interviews in a second language. Many Pico Rivera families speak Spanish at home. If you were interviewed in English, or a relative interpreted, your words may have been summarized incorrectly. You have the right to a qualified interpreter. A lawyer can correct the record before it becomes the basis for a petition.
Drug testing requests. A request to test during an investigation is generally voluntary, but refusing can affect the case. A single test result can also be wrong. Counsel can help decide whether and where to test and how to handle a disputed result.
Keeping children with family. If removal is possible, relatives should be identified immediately. The law gives relatives preference for placement under WIC §§ 309(d) and 361.3, but grandparents and aunts need to be assessed, and that takes time. Raising it early improves the chances children stay with family.
The timeline becomes very short. Under WIC §§ 313 and 315, the county must release the children or file a petition, and the detention hearing is held promptly at Edelman. Call a lawyer the same day. For more on removal without a warrant, see can DCFS take a child without a warrant?
En el condado de Los Ángeles, el tribunal nombra un abogado para los padres solamente después de que DCFS presenta una petición ante el tribunal de menores, normalmente en la primera audiencia en el Tribunal Edelman en Monterey Park. Durante la investigación, antes de esa petición, no hay abogado nombrado. En esas semanas se toman decisiones importantes: las entrevistas, las pruebas de drogas, los planes de seguridad y la decisión de llevar el caso al tribunal. Un abogado privado puede ayudarle desde el primer contacto con la trabajadora social. Usted tiene derecho a un intérprete calificado. Llame al 866-811-4255. Hablamos español.
For a full overview of how we represent Pico Rivera families, including the LASD Pico Rivera Station and relative placement, see our Pico Rivera DCFS defense page. Families across the county can also use our Los Angeles County CPS and DCFS defense hub.
After DCFS files a dependency petition, usually at the detention hearing at the Edelman Children's Courthouse. There is no appointed lawyer during the investigation.
Los Angeles Dependency Lawyers, Inc. (LADL) provides court-appointed counsel for parents in Los Angeles County dependency cases.
Yes. You can retain private counsel at any stage, and the private lawyer substitutes in for the appointed lawyer.
During an investigation, testing is generally voluntary, but refusing can affect the case. Speak with a lawyer before deciding.
Sí. Puede pedir una trabajadora social que hable español o un intérprete calificado. No dependa de un niño o familiar para interpretar.
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Attorney advertising. General information only; reading this article does not create an attorney-client relationship. Past results do not guarantee a similar outcome. Agency and courthouse assignments described are typical and vary by address and case type. ALL Trial Lawyers / Abuershaid Law, APC. Responsible attorney: Mohammad Abuershaid, SBN 297270.