How Domestic Violence Can Lead to a Juvenile Dependency Case in California

If Child Protective Services (CPS) has a reason to believe a child is at risk from domestic violence, they can remove them from the home–often, this can be done immediately if there is a present danger. Once the child is taken away, it often takes around 6 to 12 months for reunification to happen. By learning more about domestic violence and juvenile dependency in California, you can discover the best methods for regaining custody and accessing the legal assistance your family needs.

CPS can absolutely get involved in domestic violence cases. It is the job of CPS to investigate and remove children from dangerous situations. Typically, CPS will take the child away if domestic violence occurs and one of the following situations is present.

• CPS finds that the child has been abused or neglected.
• There is a clear risk that the child will become abused or neglected.
• The child was a witness to the domestic violence incident.

As a parent, it’s important to remember that CPS is not on your side. They are charged with protecting children from abuse, abandonment, neglect, and exploitation, so their primary concern is the child’s welfare and safety. Because of this, it’s important to reach out to a professional dependency court attorney near you if CPS starts an investigation. You need someone on your team who can protect your interests.

When it comes to domestic violence and CPS, California Welfare & Institutions (WIC) Code Section 300 is the legal justification for the child’s removal. Under California law, parents have a duty to protect children from abuse and neglect. If this doesn’t happen because of reasons like domestic violence or insufficient housing, the child can be taken away.

Domestic violence can involve any abusive or violent act committed against a member of the household or family. While this includes kicking or hitting another person, written or spoken acts that incite fear are also considered domestic violence.

In the most recent year recorded, there were 160,357 domestic violence calls in the state of California. If you’re dealing with a DV-related CPS case, it’s important to be proactive. Besides learning about how DV leads to CPS cases, there are a few things you can do to increase the likelihood that you will be reunited with your child.

• Stay calm: A CPS removal is an emotionally charged, distressing situation. However, it’s important to remain calm and avoid becoming upset in front of the CPS investigator.
• Offer contact details: Before placing a child in foster care, CPS is supposed to attempt a family placement first. You should give CPS the names and phone numbers of family members or close friends that your child could stay with, ensuring a higher likelihood that your child is placed with a loved one.
• Ask for a statement: Request a detailed statement about why the child was taken from your care. You and your lawyer will need this statement to prepare your case.
• Go to hearings: As your case progresses, there will be a range of different hearings, such as jurisdictional hearings, detention hearings, and dispositional hearings, that you will be expected to go to. Besides being a requirement, you should also be present to demonstrate your commitment to achieving a positive outcome.
• Call a lawyer: You don’t want to place the fate of your child’s future and your family’s happiness in the hands of CPS. With the help of the best juvenile dependency attorney, you can learn more about how to achieve the best possible outcome.

There are many cases involving domestic violence and juvenile dependency in California. You don’t want to trust your family’s future to the court system. With the help of a professional attorney, you can get legal assistance and discover what it takes to achieve a better outcome.