Legal Question in Civil Rights Law in California

Re: Non Offending Parents rights with Child Protective Services

The Department of Child Protective Services as broad powers to investigate a claim of child abuse and to remove a child from a home if there is some evidence of abuse. As a non offending parent, your child could be removed from your home on the legal theory of failure to protect the child. Going through this ordeal can be scary, even if the claims made against you or your boyfriend are false. However, there are things you can do to protect yourself and your child and make this situation better. I suggest you look into hiring an attorney to protect you and your child's rights. I would be happy to discuss the matter with you if you would like.

Good Luck.

Michael Burt

(213)384-2220

Re: Non Offending Parents rights with Child Protective Services

This area of the law is unique in many ways. The proceedings are shrouded in secrecy. Confidentiality rules restrict public access to court proceedings concerning allegedly abused and neglected children. While these rules do some good because they save parents from embarrasment and protect children from being stigmatized as victims of abuse or neglect, they also mean that the system operates outside public scrutiny. Abuses go undetected and the functionaries operating within this closed system may not always feel compelled to conform their behavior to a set of rules. Therefore, these cases are not always handled fairly. There is a significant danger that the rights of parents will be sacrificed to the notion that the children must be protected at all costs. Parents often sense that they have been adjudged guilty before trial. Parents face considerable presssure to admit the allegations against them so that they can be rehabilitated and reunited with their children. Parents who refuse to play along are deemed uncooperative (service resistant) and they will face a great deal of pressure to accept services. For a parent falsely accused, it is still possible to prevail against these forces, but you need an extremely dedicated and knowledgeable attorney working for you.

You can demand that child protective services give you information about the children's interviews and medical examinations. If a case is filed, you would certainly be entitled to this information. Otherwise it might be difficult to get it. You should consult an attorney for specific information about your legal rights in this situation.

David Beauvais

1840 Woolsey Street

Berkeley, CA 94703

(510) 845-0504