Domestic Violence and Child Removal in Juvenile Dependency Court

Sometimes, Child Protective Services (CPS) ends up investigating cases that involve domestic violence. If the child is in serious danger, this may even lead to their immediate removal. Afterward, CPS must file a petition with the court right away. By the end of the day after the petition, the juvenile dependency court must decide if the child will remain in state care or be returned to the parent’s custody.

While this is one of the most common CPS reasons for removal, the entire process can be incredibly stressful for family members. With the help of a skilled attorney, you can learn more about what to expect from DV and juvenile dependency cases.

Under California Family Code Section 3027.1, the state is required to focus on the child’s safety, health, and welfare when they determine visitation or custody arrangements. If the state determines that the child is at risk, they have the legal authority under Welfare and Institutions Code (WIC) Section 300 to step in and remove the child from the situation.

After a domestic violence incident has occurred, there are two special laws that are used to determine who will have custody of your children. The first law, Family Code 3044, focuses on parents who have been convicted or have committed domestic violence in the preceding five years. In these cases, the judge has to go through a decision-making process that normally ends with the non-abusive parent receiving custody. However, the parent who committed domestic violence will normally retain their visitation rights.

Alternatively, the non-abusive parent can fill out Form MC-030 to accuse the other parent of abuse. When this happens, the judge must carefully decide who to award custody. If the judge decides to give the accused parent custody or visitation rights, they must carefully explain their reasoning.

Besides domestic violence, there are many other CPS reasons for removal. When CPS takes your child, they should tell you why the child is being removed. If not, you can also ask them for the reason. While each case is different, the following list includes some of the most common reasons for removal.

• Physical abuse: This includes any unexplained injuries, such as broken bones or fractures.
• Sexual abuse: Sexual abuse or exploitation are grounds for a child to be removed from the home.
• Neglect: Leaving a child unsupervised, failing to feed the child, and other types of neglect are common reasons why CPS removes children from their parents.
• Substance abuse: Often, a juvenile dependency court will require a parent to go through rehab if they have an addiction.
• Mental health problems: If the parent’s mental health disorder places the child at risk, they will likely be required to undergo treatment.

While domestic violence is a common reason for a child’s removal, it is not the only cause. With the help of the best juvenile dependency lawyers in California, you can learn more about common reasons for removal and how to fight the CPS charges.

If you’re dealing with domestic violence and CPS, it’s important to seek out help right away. Juvenile dependency cases often take 6 to 18 months to resolve, so it’s a good idea to start working on a solution as early as possible. Under Rule 5.820, children can be placed for adoption or placed in a permanent situation if they have been in foster care for 15 of the last 22 months. Because of this, it’s important to stick to your case plan and get the help of a professional attorney.

After learning about CPS reasons for removal, you need to gain a better understanding of your legal situation and options. To learn more about how to navigate your case, reach out to one of our juvenile dependency attorneys today.