Legal Question in Juvenile Dependency in California

Child removal and detention by CPS

CPS has custody of our 3 children ( for the last 34 days).

Our court date is upcoming in a couple weeks. We just recieved the CPS investigators report. She hasn't spoken to anyone at all. The report is full of untrue statements and mis-information. How do I go about correcting this? We (my husband &I) are confident as are many others we know, that if the truth comes out, our children, ages 4yr, 2yr & 1month, should be returned to us immediately. One major problem is that 'we' can't speak in court. About 20 min. before court, appointed lawyers meet us, ask if there is anything particular, then basically disregard our wishes. I would also like to know 'how'if possible to go about filing against a state agency such as DCFS.


Asked on 4/17/05, 12:26 am

1 Answer from Attorneys
JANENE WEBER JANENE R. WEBER ATTORNEY AT LAW

Re: Child removal and detention by CPS

Unfortunately your experience so far with CPS is not surprising. It is frustrating to feel that you aren't being allowed to tell your side of the story. I don't know what hearing(s) you've already had in your case, but YOU DO HAVE A RIGHT TO TELL YOUR SIDE OF THE STORY! If your next hearing is the jurisdictional hearing, your attorney can set your case for a "contested hearing" and put on evidence which tells your side of the story.

Sometimes appointed attorneys cans appear to "rush " through your case - - however that might just be a reflection on your particular attorney. However a privately retained attorney generally will provide you with more one-on-one attention. If you are interested in retaining a private attorney who is also experienced in CPS actions, please call my office for a consultation.

Janene Weber

Attorney at Law

(559) 445-9074

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Answered on 4/19/05, 10:09 am


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