How Police Reports Trigger Juvenile Dependency Investigations by CPS
Depending on the cause of a police report, you may end up facing a Child Protective Services (CPS) case. The California CPS investigation process can begin after anyone reports a concern. Police officers can immediately report their concerns to CPS, triggering the start of an investigation.
How Does a Police Report Trigger Juvenile Dependency Investigations by CPS?Police officers are mandated reporters. This means that, under Penal Code 11165.7, they have to report any instances of child abuse and neglect. They are legally obligated to file their report within 36 hours of learning of the abuse.
For example, the police officer may notice that a child has bruises in defensive locations when they are called out for a domestic violence issue. Alternatively, they could become concerned about neglect if they pull up to a home and see a dirty, barely clothed child playing in the snow. In both of these cases, the police officer may report their concerns to CPS and start a juvenile dependency investigation.
Once the police officer reports the concern, CPS will immediately investigate the child’s safety and well-being. This investigation can end up going in many different directions, depending on the evidence that CPS finds. For example, the case worker may determine that there isn’t enough evidence, causing the case to close.
However, the CPS investigator can also decide that there is enough evidence to continue the investigation. If this happens, it’s a good idea to reach out to the best juvenile dependency attorney as soon as possible. With the help of a skilled lawyer, you can prepare for your CPS case and learn how to improve your case’s outcome.
What Happens If CPS Decides to Investigate After a Police Report?Once the investigation continues, CPS has a few options about how to proceed. First, they’ll need to decide if the child must be removed immediately. If the child remains in your home, CPS may offer voluntary family maintenance services to remedy the problem. Then, the case can be monitored by CPS.
If the child is removed from your home immediately, then CPS must file a petition with the court. The juvenile dependency court must hold a detention hearing on the day after the child is removed to determine if the removal was correct.
If the judge determines that the child shouldn’t return home, then a series of different hearings will be held. A jurisdiction hearing will determine if the allegations are true. Later, a disposition hearing will determine what should happen in your case. Meanwhile, 6-month, 12-month, and 18-month review hearings must be held to track the status of your progress.
What Kind of Lawyer Do I Need to Fight CPS?If a police report has triggered a CPS case, you need to find attorneys who fight CPS and win. Juvenile dependency investigations can lead to the loss of your parental rights. Even if you win, you may still end up experiencing months of stress as you try to navigate the case.
To make this process easier, you should reach out to a top juvenile dependency lawyer or CPS lawyer. The right attorney can help you understand the intricacies of your case and the best steps to take.
Will the Police Call CPS After a Welfare Check?Even if the police come to your home because of a welfare check, it doesn’t mean that they will report you to CPS. They have to actually see something that needs to be reported. If they don’t find anything when they perform the welfare check, they have nothing to report.
Learn More About What to Expect From Juvenile Dependency InvestigationsIf you are dealing with the California CPS investigation process, we can help. As a parent, you have rights in court. Our team of experienced lawyers can review your case and help you figure out the best course of action. To learn more about dealing with juvenile dependency investigations after a police report, give our team a call today.