How Domestic Violence Increases CPS Risk in Juvenile Dependency Investigations
Summary: This page covers Can CPS Take Your Child for Domestic Violence?, How Long Can CPS Investigations Last?, Why DV Can Increase CPS Intervention Risk.
Each year, there are more than 160,000 domestic violence calls in California. This means that there are 18 domestic violence calls every minute.
Even without Child Protective Services (CPS) getting involved, these domestic violence calls can be incredibly traumatic for family members. Unfortunately, there are higher odds of dealing with CPS after domestic violence cases. For the victims in this situation, it is especially unfair that suffering from domestic abuse can lead to the child’s removal. When this happens, it’s important to reach out to a child welfare lawyer in California and learn how to defend your family against CPS.
Can CPS Take Your Child for Domestic Violence?
Domestic violence has a major impact on the entire family. Children see an estimated 68% to 80% of domestic violence attacks, even when they aren’t directly being abused. As a result, they can be emotionally traumatized without being physically touched. Under California Welfare & Institutions Code (WIC) 300(c), emotional abuse alone is enough justification to remove a child from their family.
However, Family Code 3044 addresses domestic violence in detail. If the parent has been convicted of a domestic violence event that happened in the last five years, there is a rebuttable presumption that the child should not be with the parent. The event also doesn’t have to lead to a conviction–for example, if a judge determined in other juvenile dependency investigations or during a protective order that domestic violence was committed, then that was enough for the law to take effect.
A rebuttable presumption essentially means the court presumes that the child will not be safe with the abusive parent. To regain custody, the parents have the burden of proving that they are safe.
Besides losing custody for committing or being convicted of domestic violence, a parent can also lose custody and visitation through Form MC-030. This form allows you to tell a judge about domestic violence that occurred in your case. Afterward, it becomes more challenging for the other parent to be awarded custody. To give the allegedly abusive parent custody or visitation in this instance, the judge would have to clearly detail their reasons why.
How Long Can CPS Investigations Last?
While the duration of each case can vary, CPS investigations normally last around 45 days. During CPS involvement in domestic violence cases, they will interview all of the witnesses, read through medical reports, track evidence, and investigate the home.
After the juvenile dependency investigations are wrapped up, CPS will need to create their determination. Then, they will provide you with notification of their decision. Domestic violence in juvenile dependency cases is taken very seriously, so the state doesn’t rush the determination and decision-making process.
Why DV Can Increase CPS Intervention Risk
Once a domestic violence incident occurs, it can directly increase the likelihood of a CPS intervention. Even if the incident isn’t reported to the police, neighbors or friends may call CPS with their concerns. Similarly, teachers at the child’s school may hear them talking about their home life or see bruises.
CPS is charged with protecting the child’s well-being. Domestic violence can lead to physical and emotional harm for the child, which is why you often see CPS in domestic violence cases.
Get Help With Your CPS and Domestic Violence Case
No one should have to suffer from domestic violence. If CPS takes your child away after a domestic violence incident, it is especially traumatizing and unfair. However, there are steps you can take to fight CPS and get your child back.
DV can increase the risk of CPS intervention, which is why it is so important to reach out for professional help. Your juvenile dependency attorney can discuss the best steps for navigating CPS and domestic violence charges. Winning a CPS case isn’t always easy, but you can get more insight into the process by working with an experienced attorney in Orange County. To learn more, give us a call today.
