Legal Question in Juvenile Dependency in California

My son was taken by CPS without Due Process. Based on hearsay nearly two months after the allegation. Eminent Danger did not exist. The police department came to my home and took my son. His father was with him and they had their guns out because he refused to answer the door. all of this in front of my 9 year old son who was terrified. they gave my boyfriend nothing. no paperwork. no phone number. no place they were taking him. there was no social worker with the police. They place my son with someone who isn't family but are saying he is with the maternal aunt and she isnt his aunt. can i go to her house and take my child back?


Asked on 1/20/12, 7:40 pm

1 Answer from Attorneys
Scott Brear Law Practice of Scott Irvin Brear

The short answer is that you can not just go over and take your child back. If CPS placed him, they MUST be involved in his ultimate disposition. The situation you describe sounds very rough. The authorities must have had a VERY good reason that they gave the courts. Hearsay and other indirect evidence is permitted in such situations where the child is taken because of a potential threat of harm. The social workers frequently act first and explain later. There is a strict hearing process that will be undertaken. There will be court proceedings where testimony can be given. It is the stated intention of the system to do everything possible to safely return children to their caregivers. Most of the time the system works well, but there are also times when children get taken by overenthusiastic social workers.

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Answered on 2/21/12, 2:29 pm


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