Top Reasons Children Are Removed by CPS in Juvenile Dependency Cases

You arrive home one day to discover Child Protective Services (CPS)--known as Child Family Services (CFS) in Orange County–has a court order to take your child. In a panic, you start searching for the reasons why this can happen. While CPS exists to protect children from abuse and neglect, there are cases where reports are inaccurate, causing significant harm to the families involved.

To navigate your case, reach out for legal help and learn more about the CPS guidelines for child removal in California. You need to understand your rights and responsibilities. With the support of highly qualified child dependency lawyers, you can be confident that your parental rights and the rights of your family are protected.

From abuse to neglect, the following are some of the most common CPS child removal reasons in California. CPS can remove a child immediately if there is a major danger present, but they generally need a court order to do so. No matter what the reason is, you can challenge the child removal.

• Abuse: Under CPS guidelines for child removal in California, a child can be removed from the parent’s home if there’s any physical, sexual, or emotional abuse occurring.
• Neglect: According to Welfare & Institutions Code 300 Penal Code 11165.2, a child is considered neglected if the guardian or parent didn’t provide the right food, medical care, housing, clothes, or supervision.In severe cases, the child may suffer from failure to thrive, severe malnutrition, or significant endangerment to their health.
• Parental substance abuse: CPS can remove a child from a home if the parent is abusing drugs or alcohol. However, you are not legally obligated to take a drug test unless ordered to do so by the courts, although deciding not to take the test may be used against you.
• Domestic violence: Children can be removed from the home after incidents of domestic violence.
• Abandonment and Other Reasons: Finally, CPS can remove a child if they have been abandoned by the parent. Similarly, a lack of adequate housing, truancy, and medical neglect can trigger a CPS case.

In California, there are a few set instances where CPS can take your child without a court order. CPS removal may occur if CPS thinks there is an imminent, serious danger, such as needing immediate medical care or non-accidental injuries. Otherwise, CPS can only take your child if there is a court order or you provide consent.

If CPS decides to remove your child immediately, there are certain rules they must follow. Within two days of the removal, CPS must turn in a petition to the juvenile dependency court. In turn, the court must hold a hearing by the end of the day the petition is filed.

The length of time it takes to get your child back from CPS can vary significantly depending on the reason for the removal, the case plan involved, and how effectively parents have followed their plan. In many cases, children can be returned to their parents within 6 to 12 months. If your child is currently in state care, talk to one of our child attorneys about your options.

There is a lot of pressure to process child dependency cases quickly, but this can still take a while. Under the Adoption and Safe Families Act (ASFA) of 1997, CPS is supposed to prioritize permanency for the child. If a child has been in care for 15 to 22 months, then the state must terminate parental rights. Long-term placements put added pressure on CPS to find a workable solution.

There are many reasons why CPS may take a child from a home. By understanding CPS guidelines for child removal in California, you can take the first step toward understanding your legal case. You don’t want to navigate the legal system on your own. Our experienced lawyers can help you with California’s complex legal system. Give us a call today.