Legal Question in Juvenile Dependency in California

I found a section under "motion to suppress evidence" for juvenile dependency practices stating, " As a matter of federal constitutional law, barring exigent circumstances, a social worker or peace officer should obtain a warrant before entering a home without consent for the purpose of taking a child into protective custody." (From "California Juvenile Dependency Practice Law Book 2016)

So they took our son without the warrant for him, but they did have a warrant for our arrest and for the home. Does that exclude us from that?

Asked on 3/29/16, 4:26 pm

1 Answer from Attorneys

Lyle Johnson Bedi and Johnson Attorneys at Law

When the parents are arrested, the children have no one to care for them and they are taken into protective custody.

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Answered on 3/29/16, 4:30 pm

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