Legal Question in Juvenile Dependency in California

CPS visited my home on 2/26 the reason for the visit was a report on Alcohol abuse and Methaphetamine use. The allegations against me are entirely FALSE. The social worker was In and Out of my home within 15 minutes (mind you my son was at home with me). Before the social worker left, I was tossed a business card and directions to a clinic to test for drugs. The next time I heard from the social worker was on 3/12. Earlier that day around 10am on 3/12 I checked my voicemail and saw that I had a message from the social worker on 3/11 at 5:30pm stating that I had court at 8am the next day. My aunt called me and told me I had missed court and for me to call the worker. When I contacted the worker she wanted to talk about what happened at court. That's when she removed my 3 children from my care and gave me the Petition. I never had a chance to talk to the social worker. I tried contacting the worker with no avail. But apparently everyone else except for me knew what was going on even my Ex-Husband had information on the case.

Is there anything I can do to have my children returned? Does it matter that I wasn't provided with information on court with adequate time? And What about my Privacy being exposed?


Asked on 3/20/13, 3:19 am

1 Answer from Attorneys
Paul A. Swiller Tot Law

Hi again,

It is imperative that you contact the SW and involve yourself in the court proceedings. I would tell the SW that you did not know of the court hearing, but that you would like to participate and are requesting an attorney. The SW should inform his or her counsel to set a court hearing asap to provide you with an attorney. The SW should also provide you with information regarding your ability to visit with your children (although you may need to attend a court hearing before your visitation rights are established) and also give you info re: the next court hearing. You also have the right to hire your own attorney to represent you in these proceedings. If you decide to hire your own attorney, there are only a few of us attorneys who practice in this area, and I suggest that you ensure that your chosen attorney knows what he or she is doing.

Good luck,

Paul A. Swiller, Esq.

Tot Law

1901 1st Ave., Second Fl.

San Diego, CA 92101

Tel: 619.794.2018

Fax: 619.235.4595

[email protected]

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Answered on 3/20/13, 11:26 am


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