Legal Question in Juvenile Dependency in California

If both parents are not home and child welfair services come to my home and my 8 yr. Answers the door and she is watching her three younger siblings and cws remove the children what motions do they have to remove my children?

Asked on 12/07/13, 10:12 am

1 Answer from Attorneys

Scott Brear Law Practice of Scott Irvin Brear

You probably mean what "jurisdiction" do they have. The Welfare and Institutions Code section 300 speaks of this very thoroughly. In short, it does not take a lot to allow CPS to "detain" the children. This scenario, as you mentioned it, shows a degree of abuse because an eight year old is not considered competent to watch over younger siblings. How this case gets resolved depends upon how long the kids were alone, and other factors such as neighbor involvement, etc. Depending on the age of the youngest child, this process might go for 12 months or so if the court deems it has jurisdiction. The county will appoint attorneys for each parent and the children. Your best bet is to show that there is no reason with respect to the safety and health of the children to detain because this was a very rare event. If believed you might escape the process.

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Answered on 12/07/13, 10:57 am

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