What You Need to Know About Getting a Child Back from CPS in California
The Child Protective Services (CPS) acts as an essential system to keep children in safe home conditions and to intervene when a child is at risk. There are several helpful tips for parents who would like to get their children back from CPS. Here’s how to get your children back from CPS in California.
What Exactly is Child Protective Services (CPS)?
Child Protective Services not only provides services to abused and neglected children, but aims to keep the child in their own home when it is safe. These types of services may include intervening in a home crisis, applying family support services, and gathering facts about the case at hand to clarify the problems. Furthermore, there are several categories of children and families that CPS are available to. California law defines child abuse as any situation involving a child who is:
- Physically injured by means other than an accident,
- Abused or sexually exploited,
- Treated with unjustifiable punishment and cruelty, and/or
- Neglected by a parent or caretaker who fails to provide necessary means of survival such as adequate food, water, shelter, clothing, or medical care
If a community member suspects abuse or feels that a report has been filed in error, they should speak with the appropriate agency to investigate the situation. One useful resource is the County Children’s Protective Services 24-hour emergency response phone.
Related: When to Call Child Protective Services in California
Why a Child May Be Removed From Their Parent’s Care
As outlined above, there are several reasons why a child may be removed from their parent’s custody. Under Welfare and Institutions Code Section 300, a child may be removed from their home if a child has 1) suffered or if they are at risk of suffering physical harm by their guardian, 2) a parent has failed to provide a child with survival necessities, or 3) a parent has failed to protect the child from substantial risk or harm.
Related: What CPS Can and Cannot Do in California
Tips to Consider if a Child Has Been Removed From A Parent’s Care
In order to get a child back from CPS, it may serve an individual well to adhere to the following tips:
1. Remain calm
It may be very emotional and confusing to have a child placed into protective custody by CPS. A parent will understandably have a better chance of receiving custody of their child back if they remain calm and steer clear of arguing with investigators or officials.
2. Provide necessary information to the investigator regarding friends or family that can temporarily take your child
It may be best to give the investigator names of trusted individuals who can take care of your child until the investigation is complete. It is also important to note that the person you identify must be able to pass a background check by investigators.
3. Be sure to get a proper statement as to why your child is being taken out of your care
This is a required explanation by an investigator, and addressing their concerns may aid in getting your child back faster. There is also the opportunity to ask for more details on their specific concerns and what guidance they have on ways to get your child back.
4. Speak with a lawyer
It is incredibly important to receive solid legal advice about CPS cases to aid in receiving your child back. An attorney specialized in this type of service will be a useful source of information on how to have your child returned to you, and to help address the concerns of the CPS investigator.
FAQs about How to Get Your Children Back from CPS in California
If I report abuse or neglect, do I need to identify myself?
Most people who report abuse or neglect choose to remain anonymous, though it may be helpful to leave your contact information for officials to reach out with further details. However, certain professionals (such as child care workers and doctors) are identified as “mandated reporters” and are legally required to report suspected abuse encountered on the job.
Related: Child Protective Services (CPS) Laws in California
If my child is removed from my home, is it permanent? Can I get my child back?
If a child has been removed from your home based on reports of abuse or neglect, you must work with your local juvenile court to resolve any issues before your child can be returned. Permanent removal is only applicable when parents fail to complete court-ordered programs that attempt to make their home environment safe for their children.
What are some other resources I can utilize to find out more about child abuse prevention and services?
There is a multitude of services available to find out more information. Such sources include Child Welfare Information Gateway, Child Welfare League of America, and the American Humane Association. It may also be helpful to speak with an experienced attorney for more specific questions or concerns.
Contact Us
If you have any more questions about how to get your children back from CPS in California, contact us. Get your free consultation with one of our experienced Child Custody Attorneys today!