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When Does DCFS Take a Child? CPS Lawyer Explains Important Information 2024

January 16, 2024

When Does DCFS Take a Child? CPS Lawyer Explains Important Information 2023. As a top-rated juvenile dependency lawyer in California, I have encountered many parents who are concerned about the possibility of the Department of Children and Family Services (DCFS) taking their child.

When Does DCFS Take a Child

As a top-rated juvenile dependency lawyer in California, I have encountered many parents who are concerned about the possibility of the Department of Children and Family Services (DCFS) taking their child.

Understandably, parents want to know when and under what circumstances DCFS can intervene and take their child. In this article, I’ll answer some of the most common questions I receive from concerned parents in California.

Can DCFS Take My Child?

Yes, DCFS can take your child if they believe that your child is in danger of abuse or neglect. DCFS is responsible for investigating reports of child abuse and neglect in California.

DCFS has the authority to remove a child from their home if they believe the child is at risk of harm.

Can DCFS Take My Child Without a Court Order?

Yes, it is possible for DCFS to remove your child without a court order if they believe that the child is in immediate danger. This is called emergency removal, and it’s typically only used in situations where there is an immediate threat to the child’s safety.

However, DCFS must obtain a court order within 48 hours of removing the child from their home.

How Long Can DCFS Keep Your Child?

DCFS can keep your child in protective custody for up to 72 hours without a court order. However, they must obtain a court order within 72 hours if they wish to continue to keep your child in protective custody.

If a court order is obtained, DCFS can keep your child in protective custody for up to 30 days. After 30 days, they must obtain another court order if they wish to continue to keep your child in protective custody.

Other Factors That May Influence DCFS’s Decision

There are several factors that DCFS will consider when determining whether to take your child. These factors may include the following:

  • The child’s age and developmental stage
  • The nature and severity of the abuse or neglect
  • The child’s relationship with their parents or caregivers
  • The parents’ or caregivers’ willingness and ability to protect the child from harm
  • The parents’ or caregivers’ compliance with DCFS’s requests and recommendations

It’s important to note that every case is unique, and DCFS’s decision to remove a child from their home will depend on the case’s specific circumstances.

What to Do If DCFS Takes Your Child

If DCFS takes your child, it’s essential to contact an experienced juvenile dependency lawyer as soon as possible.

An experienced juvenile dependency lawyer can help you understand your rights and options and can advocate for you and your child throughout the dependency process.

WHAT SHOULD YOU IF YOU NEED A CPS LAWYER IN CALIFORNIA?

If you have been accused of abuse or neglect, it is crucial to get a CPS lawyer as soon as possible.

You deserve to have a CPS lawyer who will help you fight to get your children back. If you are dealing with a juvenile dependency case, child-welfare services case, or CPS case in Beverly Hills, California, or Southern California, you need the juvenile dependency attorneys at ALL Trial Lawyers by your side.

Don’t risk calling the wrong lawyer. If CPS is investigating you, you do not have to deal with them alone. 

We know how the juvenile court process in California works. We have handled hundreds of juvenile dependency cases in Orange CountySan Diego CountyLos Angeles CountySan Bernardino County, and Riverside County.

Whether you are in Newport BeachIrvineFullertonLaguna HillsMission ViejoGarden GroveAnaheim, or any city in Orange County, we are here to help.

We have an office located near you, and we’re ready to start working on your case.

Call us now to speak to a CPS lawyer and for your free consultation. Call (866) 811-4255.

Dealing with a DCFS case can be scary. You don’t have to face a DCFS case alone.

Contact Us Today

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