Legal Question in Juvenile Dependency in California
If a warrant is issued for detainment of my children but there is no exigent circumstances, and the SW based most of the petition on false accusations from 2007/2008.Can that be considered sufficient evidence? I did one voluntary drug test(i later found out that i could've refused) which came back positive and i informed the SW that it could possibly be dirty. She told me that i will get services thru CPS and that my kids will remain in my home.On 7/7/10 I had a voicemail stating that i had court the next day. It was not my SW who informed me or who wrote the petiion. I arrived to court late, I did notify CPS and they told me it was ok and that they would call some one in the court asap . At court they told me they issued an order to detain my children because of the tardiness. I was denied conversational contact with my daughter and SW's refused to inform me of anything about my children, how they were doing, what type of placement my 5yr old daughter was in etc.I knew nothing about her until 7 days later. Is this illegal? If so, what do i need to do to get my children back and what should i do first?
1 Answer from Attorneys
If your children have been taken into custody, you should have been appointed an attorney. You should listen to your attorney very carefully and do everything your attorney tells you to do.
Obviously, you volunteered the drug test. I do not see any issues there. You tested dirty, then you were late to your court hearing. Your children were placed in protective custody and once again, I see no issues.
When you start doing what the social worker asks you to do, and the court orders you to do, when you are consistently testing clean, I have a hunch you will regain contact with, visitation with, and eventually even custody of your children again.
With regard to the false allegations which are alleged to have occurred in 2007/2008, I would need to know more, but it would appear that the drug test and your absence in court may have been enough to retain your children in the system.
However, if it was a private person who made the false allegations, you had one year to bring a civil lawsuit alleging defamation as to the false allegations. Such civil action would have nothing to do with the Juvenile Court Action.
If any of this advice is at odds with what your appointed attorney is telling you, my advice is to follow the advice of your appointed attorney.
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