What Happens When CPS Says You Failed to Protect in Juvenile Dependency

Once someone files a report with Child Protective Services (CPS), it sets an entire process in motion. You need the best legal help to defend a CPS dependency case if you’ve been charged with a failure to protect your child. To learn more, read on.

Under WIC Code (b)(1), a child may fall under the court’s jurisdiction if the parent or guardian failed to protect the child from serious illness or harm by a lack of supervision. Similarly, this failure to protect may be referenced if the parent willfully or negligently failed to protect the child from the babysitter or custodian who is supposed to be caring for the child.

CPS failure to protect cases can stem from many different causes. For example, a parent may have been unable to care for a child properly because a severe mental illness made it impossible to cook dinner or buy groceries.

Unfortunately, failure to protect laws in California also apply to the victim in domestic violence situations. Even though one parent may also be a victim of domestic violence, the court can still decide that there was a failure to protect the child.

Often, CPS cases will resolve in about 6 to 18 months. However, the actual timeline can vary significantly based on the facts of the case.

For example, the court will inform parents about the family reunification services and the case plan at the disposition hearing. Then, you will have until the six-month review hearing to get everything in order. At this point, the judge can decide to return custody to you or to schedule another review hearing in six months.

However, you are basically on a 16 month timer when you are trying to defend a CPS dependency case. The juvenile dependency court has a legal imperative to achieve permanency for the child. If the child remains in foster care for 15 out of the last 22 months, then the court must seek a permanent living situation for the child. At this point, your only way to get the child back is through major changes and a 388 petition (Form JV-180). It can be challenging to defend a CPS dependency case, so don’t hesitate to reach out for professional legal help.

Being red flagged by CPS means that your case has come to CPS’s attention because of some concern. Someone can become red flagged by CPS for a variety of different reasons. The following are just some of the most common reasons.

• Neglect: A teacher or other adult may become worried about neglect if the child never has lunch or shows up without proper clothes. Similarly, poor hygiene, frequent absences from school, and persistent fatigue are signs of neglect.
• Physical Abuse: A child may be reported to CPS for physical abuse if they have frequent bruises and refuse to talk to anyone about how they happened. Often, children will have mood swings or will withdraw emotionally if they have been subjected to abuse.
• Emotional Abuse: Emotional abuse can be challenging to see. It may present as low self-esteem, fear, problems forming relationships, or withdrawal from loved ones.

Anytime a child’s behavior changes suddenly, it can be a red flag to relatives, teachers, and doctors. Once these concerns are reported, it can cause the family to be red flagged by CPS.

There are many reasons why these behaviors could occur without abuse being involved. For example, a child who was injured climbing something they weren’t allowed to may be secretive about their injuries. Similarly, children with sensory disorders may refuse to wear adequate clothing.

Figuring out how to defend a CPS dependency case can be challenging. Because of how stressful and complicated these cases are to defend, it’s important to seek out a professional CPS lawyer right away. By working with a skilled attorney, you can learn what it will take to prosecute your case. Find out more by giving us a call today.