You Do Not Have To Fight Your Custody Battle Alone! Get Help Fighting Child Protective Services, Another Parent Or Relative!
Top Ten Things You Should Know About Your Juvenile Dependency Case
Many people find it hard to believe that their children can be removed from their care so quickly, sometimes based on an anonymous report and without substantial evidence. But it’s true. The law prioritizes a child’s safety above all else, operating under the principle that it’s better to be safe than sorry. As a result, social workers often act first by detaining the child and ask questions later.
Some attorneys advise never speaking to social workers, but in most cases that’s unrealistic and judges may penalize silence. Unlike criminal cases, juvenile dependency is a special type of civil proceedings, so your silence can be used against you. The solution: don’t refuse to talk—insist on having your attorney present. Social workers may pressure you to speak alone but stay firm. While they arrange for their own attorney, you’ll have time to find yours.
Tips for communication:
* Use writing whenever possible
* If you have to talk to them, confirm phone conversations by email or text.
* For urgent matters like visitation, if the social is not responding, call the office and ask for a supervisor or supervisor-on-duty.
If removal is imminent, get family or friends involved so that the child(ren) are safe. Relatives get priority for placement. If no relative is available, then a family friend can also act as a placement.
Who to ask:
– Someone with a clean criminal and child abuse record (and household members too).
– Preferably a close relative or, if not, a trusted family friend with a good relationship with your child.
– Time Matters! Choose someone with a clean record for faster placement.
How they can help:
– Provide a list of potential helpers (name, address, phone, email, household members) to the social worker via email or text.
– Helpers should focus on the child, not defending you. They should explain to the social workers that they are here for the child and will follow court orders and social worker guidance.
You’re in a serious legal battle. The social worker has lawyers. The child has a lawyer. You need one too.
• Why choose us?
We know the juvenile dependency system and fight for your rights, not the system.
Mark has been defending parents since 2005.
Even if you can’t afford a retainer, book a paid consultation for a roadmap to reunite with your child.
Learn about your rights before the social workers’ investigation turns into a full blown monthly-long court battle! Every interview consists of roughly two parts. Responding to allegations and “social history” which is in reality a fishing expedition to see what else the social workers can get you for. Prepare for your interview with the social workers with access to their court case checklist and sample social history questions
The law says one thing, but the reality is this: social workers will interview your child often at school or daycare, without your knowledge. You likely can’t stop it, but you can prepare.
Tips:
• If you expect social worker involvement, send your child to a neutral therapist. This helps protect against statements being taken out of context.
• Don’t discuss allegations with your child, it can backfire and lead to accusations of coaching.
• Avoid recording social workers or your child. In California, it’s usually illegal without consent, and recordings often end up being used against parents.
Pass the attitude test: never be rude to social workers. They’ll use your anger against you. Stay calm, polite, and firm – like you would with a police officer or employer. Avoid curse words. You can assert your rights (e.g., “I do not consent”) without hostility.
If allegations involve physical harm, have a trusted third party take photos of your child. Hire your own doctors, therapists, and psychologists. Your attorney can help secure independent evidence and experts.
If asked to attend classes, ensure they’re approved by the social workers and provide written proof of attendance and certificates. Send copies well before your hearing and bring extras to court to avoid excuses or missing evidence.
Never admit guilt just because social workers are pressuring you. Most people read this and think that they must lie. No good attorney will ever tell you to lie! As an attorney, I can always explain the truth, I can never explain a lie. Talk with an attorney first. Develop a strategy about what to say and what not to volunteer.
The system is unpredictable, but it has safety valves. Even if you’ve made mistakes, you can still get your children back. You can file a Welfare & Institutions Code §388 petition to change a prior court order after trial. Even if your rights/appeals are exhausted, maybe your relatives can help keep the child in the family.