Can CPS Remove My Child for Emotional Abuse in a Juvenile Dependency Case?

When many people think of child abuse and neglect, they immediately think about withholding food, physical abuse, and not physically caring for the child. However, emotional abuse is also classified abuse. Child Protective Services (CPS) can take a child away if they are at risk of serious emotional harm. If you are dealing with CPS and emotional abuse cases, a skilled CPS attorney in California can analyze your case.

Can CPS Remove My Child for Emotional Abuse in California?

Under Welfare and Institutions Code (WIC) 300(c), children can be removed from a home for emotional abuse. According to the text of the law, a child may fall under the court’s authority if they are, “suffering serious emotional damage, or is at substantial risk of suffering serious emotional damage, evidenced by severe anxiety, depression, withdrawal, or untoward aggressive behavior toward self or others.”

In essence, CPS is allowed to remove a child from their home if there is evidence of emotional abuse in the child’s home. The court recognizes that emotional abuse can be just as damaging as physical abuse, which is why it treats it with the same severity.

If you are accused of emotional abuse, it’s important to find a professional CPS defense lawyer in California to defend your case. Proving and disproving emotional abuse can be challenging, so reach out to a CPS defense lawyer in California for professional help.

Can You Call CPS for Emotional Abuse?

There are times when you may want to call CPS for emotional abuse on a neighbor or another adult in the area. For example, you may want to call CPS about the other parent when you’re going through a custody dispute. In California, you are allowed to call CPS if you believe someone is guilty of emotional abuse.

However, it’s essential to only report allegations you genuinely believe to be true. Under Penal Code 11172(a), an individual can potentially incur civil and criminal penalties if the court can prove that they knew those charges were false.

Can a Non-Offending Parent Lose Custody in Juvenile Court?

Typically, custody of a child will go to the non-offending parent in juvenile dependency court. However, the court can remove the child from both parents' custody if they believe the non-offending parent is unfit or other circumstances are involved.

What to Do if You Are Reported to CPS for Emotional Abuse

If you are reported to CPS for emotional abuse, it’s important to be proactive. The following list includes the best steps to take when falsely accused of child abuse in CA.

• Cooperate With CPS: Although it is frustrating, you have to be cooperative with CPS. Emotional outbursts and arguments can be used as evidence that you are unfit.
• Talk to an Attorney: If you want to fight CPS in California, you need all of the help you can get. One of our CPS lawyers can review your case and help you determine the best methods for regaining custody.
• Gather Evidence: To counteract CPS’s argument, you will need to gather evidence and witness testimony that supports your side of the case.
• Stick to Your Case Plan: During your case, CPS and the juvenile dependency court will provide you with family reunification services to help you get your child back. Even if these services are unfair or ineffective, you have to follow them in order to get your child back.
• Take Civil Action: If the emotional abuse allegations are false, you can pursue the accuser in civil court.
• Manage Your Reputation: Because CPS cases are kept private, clearing your name in court will not clear your name publicly. As a result, you may need to take other steps to clear your reputation.

Fight CPS in Juvenile Dependency Court

If you are dealing with CPS and emotional abuse cases, you are not alone. Our team of experienced juvenile dependency lawyers can help you understand your CPS case in California. To learn more, give us a call today.

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