Can Child Protective Services in California Remove Children Without a Court Order or Warrant?

Question from Tawnya, Can Child Protective Services in California Remove Children Without a Court Order or Warrant?

Answer from AI:

In general, Child Protective Services (CPS) in California cannot remove children from their homes without either a court order or a warrant, except in certain emergency situations. This is in accordance with the Fourth Amendment of the U.S. Constitution, which protects individuals from unreasonable searches and seizures.

When Can CPS Remove a Child Without a Court Order or Warrant?

Under California law, specifically Section 306 of the Welfare and Institutions Code, CPS can remove a child without a court order or warrant if there is an immediate danger to the child’s health or safety, or if the child is left unattended. This is known as an “emergency removal” or “protective custody”.

In such cases, CPS must:

• Have reasonable cause to believe that the child is in immediate danger,
• Make a reasonable attempt to notify the parents,
• Obtain the approval of a police officer or the county’s child welfare director, and
• File a petition with the court within two working days after the removal to justify the action.

What Happens After an Emergency Removal?

After an emergency removal, CPS must file a petition with the court within two working days. The court then holds a detention hearing, usually within 72 hours, to determine whether the child should remain in protective custody or be returned to the parents.

If the court decides that the child should remain in protective custody, CPS must develop a plan to reunify the family. This plan may include services such as counseling, parenting classes, and regular visitation.

What Can Parents Do?

If your child has been removed by CPS, it’s important to consult with a legal professional as soon as possible. A lawyer can help you understand your rights, represent you in court, and work with you to develop a plan to reunify your family.

Remember, this information is a general guide and may not apply to your specific situation. Always consult with a legal professional for personalized advice.

Note: It’s crucial to cooperate with CPS and follow all court orders, even if you disagree with them. Failure to do so can result in further legal consequences.