Legal Question in Family Law in California

Im out on bail for a charge of misdemeanor domestic violence and a under the influence of controlled substance charge. Social worker comes to my house to follow up on a verbal child abuse report that was made. I had been clean for 5 years. Well it just so happen to be that i relapsed a few days before social worker came to my house. It was a one time thing and i haven't used since then. My children were removed from home do to my history of substance abuse. A social worker told my mother that they would ONLY take the kids if I was there or my belongings were there. They tell her this maybe 20 to 30 minutes prior to their arrival. I left home and took whatever i could grab and i was gone. So now my question is could of had removed my children from home. even if i wasn't there and my things were being packed? And also could they of had took them even if my mother told them that she would take full responsibility them?


Asked on 3/13/11, 1:29 pm

1 Answer from Attorneys
George Shers Law Offices of Georges H. Shers

What one social worker may have told your mother [does not make sense to me that if children abandoned in empty house the will not be taken -- I think your mother misunderstood them] doe not restrict the entire agency and can not prevent the enforcement of the law. Your mother saying she would handle the children does not matter as there is no court order as to where the children are to be placed.

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Answered on 3/15/11, 9:50 am


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