CPS Guidelines for Child Removal in California

What You Need to Know About the CPS Guidelines for Child Removal in California

Child Protective Services (CPS) removes children from their homes if they believe the children are the victims of abuse or neglect. Here are the CPS guidelines for child removal in California.

In the case of child removal in California, CPS first receives a report or referral from someone concerned about the welfare of children in a home. Then, CPS determines whether or not an investigation is warranted. If an investigation is warranted, CPS will determine whether or not a child should be removed based upon their internal guidelines and state and federal law.

How Does a Case Begin?

When CPS receives a report claiming child abuse or neglect, they determine whether or not the report meets the requirements of an investigation according to the law. A case will typically begin if:

there is reason to believe that a child is being abused or not taken care of properly,
someone besides a child’s parent or guardian is abusing the child or not taking care of them properly—and the parent(s) or guardian(s) are not protecting their child from that, or
the child is in danger of being abused and not taken care of properly by the parent(s), guardian(s), or someone else.

If CPS determines that an investigation is warranted, they will assess child safety and work to ensure the well-being of every child in the family.

How Do CPS Investigations Work?

Reports of child abuse or neglect are usually made to the police or social workers (known as mandatory reporters). If a report is made to the police, the police will typically turn the report over to the social workers who are required to investigate. A social worker will investigate by speaking with the parent(s) or guardian(s), the children in question, people who know the children and the family, and by looking where the family lives. Social workers are able to speak to the children in question at school without a parent or guardian present. They do not need a court order to speak with the children at school. However, a social worker is required to tell a parent or guardian that they interviewed the children at school.

During an investigation, a social worker will visit the family home within five days to determine whether the child may stay in the home during the course of an investigation. CPS’s stated goal is to determine whether or not the child can remain safely at home with their family. If that is not possible, CPS may work with the parents to make temporary arrangements for the child to stay with an approved relative or family friend while an investigation continues. If CPS determines that the children must be immediately removed from the home because they are in serious danger or harm, emergency removal procedures will be put into place.

Over the next month or less, social workers will continue the investigation to determine whether a case should officially be opened or not. They will:

review the family’s history with the Department of Children and Family Services (DCFS),
contact the person who made the report,
conduct more home visits, and
interview all parties involved to continue assessing the children’s safety

After Investigation

If CPS does not find any credible evidence of abuse or neglect, then the investigation will be closed. CPS will typically offer volunteer support services designed to help families overcome struggles and maintain stability. If evidence is found that a child is being abused or neglected, a social worker will be assigned to the family.

Depending on the severity of the situation, the social worker may file a petition with the court, or CPS may open a case without court involvement. If a petition is filed, the court will hold hearings to determine whether the claims of child abuse or neglect are true. The court will then decide whether or not to place the child under its jurisdiction and become dependent on the court. At this point, a case will fall into two categories: family maintenance or family reunification.

Family maintenance typically means that a child will remain at home with one or both parents. However, the court may require the parent or parents to complete training and/or services.

Family reunification is when a child will be temporarily placed out-of-home, away from one or both parents, either with a relative caregiver or in foster care.

What is an Emergency Removal?

If it is determined that a child must be immediately removed from a home due to serious harm or danger, they will be placed with a social worker or a peace officer. “Serious harm” can mean:

A parent or person who has custody of a child and fails to provide proper care or supervision,
A child is not given sufficient food, shelter, clothing, or medical care,
A child is suffering from serious emotional damage, or
A child’s home is dangerous because of neglect, cruelty, physical, sexual, or emotional abuse by someone in the home

When possible, the children will be placed with a responsible relative, a non-related extended family member, or a licensed foster home.

Who is an Approved Relative?

An approved relative is someone who is considered an eligible relative caregiver. They must be approved and live in California. They must meet health and safety standards that mirror those for licensed foster parents.

What to Do if Your Child is Removed

The most important thing to do if a child is removed from a home is to give a social worker information on your family members. This gives them placement options for the child. Depending on the severity of the situation, the parent or guardian of a removed child may ask the social workers to set up frequent visits with the child while waiting for the court date.

Contact Us

If you or a loved one have any more questions about CPS guidelines for child removal in California, contact us. Get your free consultation with one of our experienced Family Law Attorneys today!