CPS (Child Protective Services) in California – What You Need to Know
By Kali Perkins and Edie Lerman
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Having CPS intervene in your relationship with your children is terrifying, that is why it is essential to empower yourself with knowledge and to know and enforce your rights when doing that. Hiring an experienced attorney that can help you navigate the law and your rights when it comes to a CPS investigation can help you feel less stressed.
What is CPS?
CPS (Child Protective Services) is the agency charged with intervening in situations where child abuse and neglect is alleged in California.
The first, and most important thing to remember when dealing with CPS is that they don’t want to take your children away from you, unless your child is unsafe. CPS strives to keep children with their families, as long as there is a safe, stable environment for the children. If they deem the situation to be unsafe, they will work to develop an alternate plan for the child(ren) as quickly as possible.
Why does CPS get involved?
CPS cases can arise for a multitude of reasons, but generally fall into three categories: abuse, neglect, or exploitation.
The law requires that CPS investigate every claim that is made. When a referral is received, the social service staff determines which category the referral falls into. Then the Emergency Response staff determines if an in-person response is required.
What will CPS do when they get involved?
Where CPS determines the need for protection of a child, they will intervene in the crisis if necessary, assess or identify the problems, gather facts, and create a plan to ensure the child is safe. The plan could include support services for the parent or child, setting goals for the family, providing resources, and setting time frames for compliance.
If it is determined that a child cannot remain in their home, even with support services, then foster placement is arranged in the best possible setting available to that child at that time. CPS strives to keep the children in a foster home that is in close proximity to the parents, consistent with the best interests of the child.
Thankfully, parents have the right to know the claims that are made against them. If you are not told be sure to ask! Generally, the initial investigation lasts 45 days. If the investigation extends beyond this period, the agency must notify the family, and document their justification for an extension past the initial 45 day period. At the conclusion of the investigation CPS will notify the parents in writing of their decision.
There is often confusion among parents about what CPS can and cannot do in California. Let’s clear some things up.
What is CPS allowed to do?
Here is what CPS is legally allowed to do:
- CPS has the right to talk to your child, without your permission. Often, it’s their preferred method of questioning a child so there is no risk of a parent coaching their child in answering questions.
- CPS can show up to your home unannounced; in fact, it’s quite common for this to occur in situations where there are extreme or violent allegations made against a parent. If you’re not home when they arrive, they will leave contact information to schedule a future visit. If they conduct a site visit at your home and there are unfavorable conditions, it is important to take action right away to make your home safe for your child.
- CPS can ask you questions about very private information. Conversations with CPS workers are NOT confidential, so be very careful about what you disclose. It’s best to consult with an attorney before any conversations with CPS workers. Also, remember that you have the right to refuse to answer questions, and may remain silent.
- CPS has the power to take your child away and terminate your rights as a parent. If the CPS worker assigned to your case deems your home or a family member in your home to be a threat to the safety and well-being of a child, they can take your children away. This is not often the first course of action, rather it is likely a last resort when other options don’t work in attempting to make your home a safe place for your child.
What are my rights when CPS intervenes in my family?
Here are your rights as a parent:
- CPS cannot enter your home without your permission. While CPS can show up to your home, they cannot enter without your consent, a court order, a warrant, or credible information to support the belief that a child is in serious immediate danger.
- CPS cannot force you to take a drug test, without a court order based on reasonable suspicion – they must first obtain your consent.
- Parents have the right to attend all court hearings regarding your children, even if your children are taken from you, unless parents are deemed dangerous to their children.
- Parents have the right to court appointed counsel during CPS proceedings against them.
- If your child is placed in foster care, you are entitled to regular telephone contact with your child, as long as the contact is not detrimental. If it is safe for your child, in person visitation will also be allowed, as ordered by the Juvenile Dependency Court. If more than one child is placed in out of home care, CPS will strive to keep siblings together to ease the negative impact on the children.
- If your child is removed from your home and placed in foster care, legal custody is temporarily transferred to CPS, however, you still maintain parental rights, including education and medical rights. This means you still have the right to make most educational and medical decisions for your child.
In certain situations, your parental rights can be limited or even terminated. If CPS has opened a case on you, it’s best to contact an attorney that can help you navigate your case and ensure that your rights are protected throughout the proceedings.
Have more questions about CPS in California?
Check our Child Protective Services F.A.Q.: