Passionate Law Firm
Providing Aggressive
Representation
Assertive legal representation for individuals under investigation or indicated by Children and Family Services (CFS), the Department of Children and Family Services (DCFS), or Child Protective Services (CPS). If contacted by CFS, CPS, or DCFS regarding a potential investigation, it’s imperative to respond with utmost seriousness. This stage is by far the most important part in a Juvenile Dependency (CPS/DCFS/CFS Defense).
DCFS, CFS, and CPS investigate allegations of child abuse or neglect and decide whether to remove the child or implement court-supervised parenting.
If DCFS/CFS/CPS determines child abuse or neglect, repercussions could be severe, including child removal and placement on a child abuse registry.
Attorney Walter Shaw has a track record of effectively advocating for clients in various DCFS/CFS/CPS investigations, aiding them in contesting allegations and safeguarding their families.
In a Juvenile Dependency (CPS/DCFS/CFS Defense) case, safeguarding your parental rights is paramount. Engaging the services of a qualified California CPS Defense attorney can help ensure the protection of your parental rights or that you’re taking all necessary steps to uphold them.
A CPS/DCFS case initiates upon the department (agency) receiving a referral from a concerned party. Subsequently, the agency conducts an investigation into the matter outlined in the referral and decides on appropriate actions concerning the safety of the children involved.
When a CPS/DCFS case is active, the government typically submits a “petition” under the California Welfare and Institutions Code (WIC) section 300. This document outlines the allegations and provides a summary of the accusations against you as a parent. It’s crucial to promptly seek assistance from a seasoned CPS/DCFS Defense attorney to receive proper legal counsel as soon as this occurs.
An investigation by DCFS/CFS/CPS commences upon receipt of a phone call detailing alleged abuse or neglect. A statewide hotline allows reporting of suspected abuse or neglect. Certain professionals, like doctors and teachers, are required to contact it. Hotline staff will ask for specific details about the alleged abuse. Based on the information provided, they may initiate an investigation.
A Juvenile Dependency (CPS/DCFS/CFS Defense) investigation typically operates independently from law enforcement. However, depending on the allegations’ gravity, law enforcement may become involved. Individuals accused of abuse or neglect might find themselves under scrutiny by both DCFS/CFS/CPS and local law enforcement agencies, which may collaborate and share information during these inquiries.
A single allegation can spawn various legal proceedings. For instance, a criminal charge like domestic violence or child endangerment could prompt the filing of a protective order against the accused. If the couple involved has children, DCFS/CFS/CPS might conduct a household investigation. Should the couple separate or divorce, these allegations might surface in family court proceedings, affecting the accused. Seeking guidance from an attorney well-versed in these matters is crucial for achieving favorable outcomes.
Following the initiation of a formal investigation, an investigator typically endeavors to visit the children within 24 hours of receiving the report to assess any imminent threats to their safety. Subsequently, DCFS/CPS/CFS has a 60-day timeframe to conclude its investigation.
When DCFS/CFS/CPS determines that an individual has abused or neglected a child, the case is classified as “indicated.” Such a classification should only occur if there is substantial evidence supporting the allegations of abuse or neglect. However, this standard isn’t consistently met. Moreover, DCFS/CFS/CPS employs its own criteria to define abuse or neglect during investigations. Regrettably, many individuals whose cases are indicated may not actually be culpable of abuse or neglect.
Conversely, if there is a lack of evidence indicating abuse or neglect (or a risk thereof) according to DCFS/CFS/CPS definitions, the case is termed “unfounded.”
If you disagree with the conclusions reached by DCFS/CFS/CPS, you have the option to file an appeal. In certain instances, the findings made by DCFS/CFS/CPS lack justification. In some legal proceedings, courts have found that DCFS, CFS, or CPS personnel acted improperly in making findings against individuals accused of abuse or neglect.
To initiate an appeal of a DCFS/CFS/CPS determination, you must provide DCFS/CFS/CPS with a notice of intent to appeal. Subsequently, a pre-hearing conference is conducted via phone. Depending on the case’s complexity, multiple pre-hearing conferences may be necessary.
If you are facing allegations from DCFS/CFS/CPS, contact Walter Shaw today. We have successfully handled over 1,000 cases.
At Shaw 3 Law Firm, we understand that facing an investigation from in your Juvenile Dependency (CPS/DCFS/CFS Defense) case is frightening and stressful. From the second you hire our Defense law firm, we work diligently to obtain the best results possible.
To schedule your free consultation, call: 951-263-0412.
The Court holds the Detention/Initial Hearing in a CFS/CPS/DCFS case to decide whether to remove your children from your custody under the California Welfare and Institutions Code (WIC).
The Judge typically bases this decision on the details outlined in the report of the allegations against you. An experienced CPS Defense Lawyer or DCFS Defense Lawyer can review this report and advocate against the removal of your children from your care.
We assist families facing DCFS or CPS involvement across Northern and Southern California, including Los Angeles, Riverside, San Bernardino, San Diego, and Orange Counties.
After the Judge decides whether to remove your children, they will address the specifics of the allegations. If the allegations are found true, the Judge will establish jurisdiction and decide where your children will live during the case.
The Judge will also consider family reunification services, family maintenance, visitation rights, and other appropriate orders.
A skilled CPS defense attorney will challenge weak allegations and fight for reunification or continued custody throughout the case.We can assist you with this process.
If the case remains unresolved, the next hearings are typically Review hearings. The CPS Defense attorney’s goal is to ensure you meet the Judge’s requirements, such as completing classes for reunification, including Parenting Education, Drug Testing, Anger Management, and Counseling.
The objective is to finish these classes and show significant progress. Your attorney will then argue for your reunification with your children or the closure of the case.
You generally have 6 to 12 months for reunification, depending on your children’s ages. Consulting with a CPS Defense attorney is crucial to navigate this process.
If the Judge deems your progress unsatisfactory, the subsequent and typically final hearing pertains to the termination of parental rights. This phase underscores the critical role of a CPS Defense Attorney. Presenting evidence and compelling arguments becomes paramount to persuade the Judge to maintain your parental rights.
Additionally, it’s essential to demonstrate why the termination of your parental rights would be detrimental to your children. If your case has reached this stage, retaining our services becomes crucial.
Having a California CPS Defense Attorney and/or DCFS Defense Attorney by your side during court proceedings is crucial. Juvenile Dependency cases can be extremely challenging and emotionally taxing to navigate alone. We are committed to protecting your rights in juvenile dependency cases across Northern and Southern California.
Attorney Walter Shaw is dedicated to defending your family against CPS or DCFS petitions throughout the proceedings.