Legal Question in Family Law in California

Involuntary termination of parental rights

Our parental rights were terminated without just cause. Our baby has never even been home with us. She was taken from the hospital shortly after she was born based on pumped up false charges from CPS. We have filed an appeal and an order to reverse the judges decision; none of which did any good. We haven't been able to get any information from anyone regarding our daughters whereabouts. We don't know if she's still in foster care or adopted out. What are our legal rights as the biological parents? Can we still regain custody? Can our parental rights be reinstated? We are considering filing a law suit against CPS for fraud. Almost everything CPS said about us in their reports for court were false and/or greatly exaggarated. Also, our due process rights were violated. We found out in court that there was a prospective adoptive parent who was spending overnight visits with our baby in foster care; while we the biological parents were being denied visitation. We believe this prospective adoptive parent may have been in the picture almost from the beginning and CPS stood to gain financially from having our daughter adopted out. CPS has done the same to many families. Any advice or any answers you can give us are greatly appreciated.


Asked on 7/16/09, 10:28 pm

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Involuntary termination of parental rights

California law favors a foster parent that is willing to adopt if the child is adoptable and the reunification program does not result in reunification. As for the exaggerations and other complaints these are present in all cases in Juvenile Dependency cases. An appeal is normally the last option available. You already have the court record, which could be reviewed by an attorney to see if anything has been missed. This is unlikely to be productive and will be expensive.

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Answered on 7/19/09, 6:29 pm


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