Legal Question in Family Law in California
CPS strongarming foster parents adopt or else removal of children
My niece's 2 children fell under the arms of cps. They were given to their grandmother and everything was ok until a new cps worker was assigned. CHildren removed (for no legal grounds) and no proof. Placed out of county foster care then family members (who are licensed foster care) took children. Children are also native americans. ICWA has done their best, judge denied their recommendation and the material witnesses recommendation. THe cps worker states foster care parents either adotps the children or they will be removed. grandparents rights have been violated. the cps worker has abused her authority under the law. According to our current law, California law says that a social worker must, once a child is taken into temporary custody, attempt to maintain the child with the child's family through the provision of services. The social worker shall immediately release the child to the custody of the child's parent, guardian, or responsible relative, unless detention of the child is a matter of immediate and urgent necessity for the protection of the child and there are no reasonable means by which the child can be protected in his or her home, or the home of a responsible relative. This was done, but then removed.
1 Answer from Attorneys
Re: CPS strongarming foster parents adopt or else removal of children
The best advice you can receive is for one or both parents to retain an attorney to represent them in the juvenile court. If they are not candidates to reunify with the children, then the grandparents should retain an attorney and fight for the children. They must move quickly as time frame for juvenile is very short.
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