Domestic Violence Safety Plans and Their Role in Juvenile Dependency Cases

Navigating Child Protective Custody (CPS) cases can be challenging, especially when there are domestic violence issues involved. A domestic violence charge affects child custody in a few important ways. Besides making it less likely that the offending parent will receive custody or visitation rights, it can also make family reunification harder for the non-offending family. Often, the court will require a domestic violence safety plan and other measures before the child can return to the non-offending parent.

Does CPS Get Involved in Domestic Violence Cases?

A domestic violence charge affects child custody in many different ways. The judge has to use a decision-making process to determine if the child can return to their parents or not. If the parent was convicted of a domestic violence incident that occurred in the last five years, the 3044 law applies. This means that there is a rebuttable presumption that the child shouldn’t be placed with the offending parent. The parent must rebut the presumption by proving that they are safe in court.

If the domestic violence charge was an allegation and not a conviction, such as one made from Form MC-030, then the decision-making process is a little different. The judge must carefully review the allegations and determine if they are true or not. If the judge decides to give custody or visitation to the accused parent, then they must provide a justification for their decision to the court.

Under the Adoption Assistance and Child Welfare Act of 1980, courts are allowed to make reasonable efforts to reunify families after CPS gets involved. In practice, this means that there is an extended process where parents are given family reunification services to help them get their children back.

During the juvenile dependency case, the court may require a child safety plan for domestic violence. At its heart, the safety plan is a way for the child and adult victims to protect their safety. Depending on your unique circumstances, the court may require the following components of a safety plan for domestic violence.

• Create an extra set of keys.
• Maintain a safe address where you can receive mail that isn’t where you live.
• Copy all of your important papers, passports, and birth certificates. Then, store them with a friend or family member.
• Take pictures of your injuries and document your medical records.
• Build an emergency fund that you can use if you have to flee.
• Maintain a journal where you can document the date, time, and information from every DV incident.

While domestic violence incidents can prevent the perpetrator from having custody or visitation, it does not necessarily harm your long-term custody chances. If you can create a safe, healthy home for the child as you complete your court-ordered family reunification services, you may be able to get custody back. Creating your domestic violence safety plan is often a requirement in your case plan because it helps to protect you and your children in case the abusive parent returns.

The court has a duty to ensure the safety and well-being of your child. Because of this, they may expect you to get a different home away from the offender. If visitation is allowed with the other parent, it may be in a supervised environment. The court will likely spell out the exact location, time, and supervision allowed so that your home address and contact details are kept secret from the other party.

With the help of the best juvenile dependency lawyer in California, you can fight CPS and get started on your reunification plan. Domestic violence charges affect child custody by making it harder to get custody. In many cases, this effect is entirely unfair for the other parent who is also a victim.

To learn more about domestic violence safety plans and CPS cases, give our team a call today.