Legal Question in Criminal Law in California

Re: CPS terror tactics!

Under some circumstances social workers who make false statements, fabricate evidence or withhold exculpatory evidence may be liable. The statute that explains this is Government Code section 820.21.

This area of the law is changing rapidly and as of today there is only one case that has ever mentioned section 820.21.

The illegal actions of social workers in some instances may violate federal civil rights. One example is where the social worker removes a child, who is not in immediate physical danger, from the home without a warrant. Social workers may be liable for damages in such cases and juries have come back with high verdicts where this right has been violated.

The way the juvenile court system is set up, there are few checks on social workers who abuse their power. Social workers have enormous power and judges usually go along with what they say.

It is important for parents who have been drawn into this system unfairly to assert all of the legal protections provided by law and to make sure that their attorneys fight these cases aggressively. Sometimes, the parents are let down by their court-appointed attorneys who will urge them to take a deal. Then the parents will have to comply with a rigorous case plan for up to 18 months. They could end up losing their children permanently if the social worker decides their progress has not been satisfactory.