Juvenile Dependency (CPS & DCFS Defense)
California Juvenile Dependency & CPS Defense
During a Juvenile Dependency case, it is very important to try to protect your parental rights. Having the right California CPS Defense lawyer can ensure your parental rights are protected or that you are doing everything in your power to retain them.
A CPS/DCFS case opens when the department (agency) receives a referral from a concerned party. Thereafter, the agency will investigate the matter based on the referral and make a determination on what action to take as it relates to the children safety.
If a CPS/DCFS case is open, then the government will usually file what is a called a "petition" under the California Welfare Institute Code (WIC) section 300. This petition states the allegation and brief facts that you as a parent is being accused for. When this happens, it is very important to reach out to an experienced CPS/DCFS Defense lawyer about your case immediately to get the proper legal guidance.
Detention/Initial Hearing:
The very first hearing in a CPS/DCFS case is called a Detention/Initial Hearing. This hearing is where the Court makes the decision on whether or not your children should be removed from your care or not under the California Welfare Institute Code (WIC). The Judge will usually make this decision based on the four corner of the report of the allegations being brought against you. An experienced CPS Defense Lawyer or DCFS Defense Lawyer will be able to review it and argue against the removal of your children from your care. We help families dealing with DCFS or CPS in Northern California as well as Southern California, specifically areas like Los Angeles County, Riverside County, San Bernardino County, San Diego County, Orange County.
Jurisdiction & Disposition Hearing:
After the Judge has made the decision to remove or to have your children remain under your care, the Judge will need to address the details of the allegation against you as the parent. If the Judge finds the allegation true against you, then the Judge will have Jurisdiction over your children and will be able to decide where your children can legally reside while the case is open.
At the same time, the Judge will also decide whether or not to provide you with: family reunification services, family maintenance, visitation and any other order the Court determines to be just under the circumstances.
The right California CPS Defense attorney will contest the allegations that are weak against you and will argue to have your children reunified or maintained with you during the duration of the case. We will help with this.
Review Hearings: (6 Month, 12 month, 18 Month and even 24 Month):
The next hearings, if the case is not closed by now, will usually be the Review hearings. At the review hearings the objective of the CPS Defense attorney is to make sure you are doing everything you need to do, within reason, to please the Judge as it relates to the classes needed to reunify. The classes can consist of following: Parenting Education, Drug Testing, Anger Management, Counseling and etc.
The objective is to complete the classes and show excellent progress. Thereafter, your CPS Defense Attorney such as us will argue to the Judge why you need to reunify with your children and/or why the case needs to be closed. Depending on the age of your children, you typically will have between 6- 12 months to reunify with your children. That is why it is very important to talk to a CPS Defense Attorney about your case.
Termination of Parental Rights Hearing:
If the Judge is not satisfied with your progress, then the next and usually the last hearing is to terminate a parents parental rights. This is the stage where a CPS Defense Attorney is very important. This hearing requires evidence and strong argument to show to the Judge why your parental rights should be in tact. There also must be argument that termination of your parental rights will be very harmful towards your children. If you are at this stage, hiring us will be very important.
It is very important to have a California CPS Defense Attorney and/or DCFS Defense Attorney accompany you throughout your court proceedings. Juvenile Dependency cases can be very difficult and very traumatic to experience by yourself. We are very dedicated in representing you and help protect your rights when facing juvenile dependency cases in Northern and Southern California.
Attorney Walter Shaw will be there to protect your rights while you are going through juvenile dependency proceedings and also defend your families against petitions filed and made by CPS or DCFS.
