How to Fight a CPS Case in Juvenile Dependency Court

Are you struggling to navigate a CPS case in California? To learn how to win a CPS case in California, start talking to an attorney about your options right away. By gathering evidence, partnering with an attorney, and documenting everything, you can increase the likelihood of a positive outcome in your case.

Gather Evidence & Witness Statements

The first step in fighting your CPS case is gathering evidence. If the allegations in the case aren’t true, you’ll need evidence to prove it. Your evidence may consist of witness statements, video recordings, medical records, and school records.

Keep Careful Records

Often, CPS will give you information about family reunification services as a part of your case plan. For example, you may be required to go to rehab or therapy if you have a substance abuse disorder or mental illness. As you carry out your case plan, keep a careful record of each step. This may involve tracking a receipt from your therapist, keeping medical records from rehab, or recording rent receipts from a new apartment.

Your records are an integral part of your case because they will show that you are making an earnest attempt to improve the child’s living situation. If the court hasn’t been keeping its own record, your documentation will prove that you have been genuinely trying to get your child back.

Work With a Lawyer in Orange County

As soon as you realize that CPS is investigating you and your loved ones, it’s time to start searching for a juvenile dependency lawyer near me. Your attorney understands the legal system and what your odds of a good outcome are. They can help you gather evidence and fight the juvenile dependency case in court.

How Can I Challenge a CPS Investigation in California?

When it comes to a CPS investigation, you need the help of a California juvenile dependency attorney. Your attorney will start by finding ways to challenge or mitigate evidence from the other side.

Once the judge has made a decision, the best thing you can do is follow the steps outlined in your case plan. The state has a fair hearing system that legally requires a reasonable effort to be made to reunite children with their families. In practice, this means that putting a child in foster care is never the first option.

CPS and the juvenile dependency court will work to return your child to you, but you also have to stick to your case plan. If the case plan isn’t followed, the court may eventually opt to permanently terminate parental rights. Under Rule 5.820, parental rights are terminated if the child remains in foster care for at least 15 out of the last 22 months.

Ultimately, the state is trying to look out for the child’s welfare and give them a sense of permanency in their day-to-day life. If it appears likely that the child can reunite with the parent in a timely way, the state has a legal obligation to put them up for adoption and find a permanent placement. As a result, you should act with urgency in challenging CPS cases and following your case plan.

How to Prepare for Your CPS Case

When CPS begins an investigation, it is often during one of the lowest points in the family’s life. Many families encounter CPS workers because they have become homeless, dealt with domestic violence, or are struggling with mental illness. Even though it may be a challenging time, it’s important to fight your juvenile dependency case and work toward family reunification.

To learn more about the best methods for navigating your CPS case, reach out to an experienced juvenile dependency lawyer today.