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Child Protective Services Defense Attorney Serving San Jose, Sunnyvale and San Mateo

If CPS begins to investigate your family regarding your child(ren), it is highly advisable to consult an attorney before taking any action, including speaking with the CPS social worker about the allegations. As with a police contact, anything you say can be used against you in both the dependency court action and in criminal court, should criminal charges be filed.

Dependency Actions in Santa Clara, California

A dependency action is a court procedure provided to allow the state of California to step in for the protection of children who may be in danger of harm in their current home situation. When a dependency action is filed, a written request is submitted to juvenile court. This petition is for the following types of claims for the benefit of “dependent” children:

  • Abandonment
  • Abuse
  • Neglect
  • Without guardian
  • Imminent physical danger
  • Imminent psychological danger
  • Petition can also include siblings of the child in question

To schedule your appointment today call (408) 277­-0377

One of the difficult factors with dependency actions is that many issues can affect whether a dependency action will be filed. Once a petition is filed, a number of hearings will occur. Some of these include:

  • Initial hearing within 24 hours of petition/child custody
  • Jurisdiction hearing within 15 days after initial hearing
  • Disposition hearing 30 days after Dependency Action Petition filing
    • Child remains in home or is placed out of the home, which can include qualified family members
    • Or child is returned to home supervision
  • 6­ month, 12­ month, and 18­ month review hearings
    • The primary goal is to strive to fully reunify the child with the family if at all possible.
    • The scheduled reviews are to monitor the process to assure the court’s reunification plan is successful.
    • Once reunited, dependency status may be dismissed
  • Permanency Planning/Selection & Implementation Hearing after 18­month review
    • Adoption, guardianship, long-­term foster care options can be pursued
  • Post permanency Review Hearing will occur every six months when determined necessary

When CPS Dependency Action Causes you to Lose Custody of Your Children

If a CPS agent has visited your home or if you have already temporarily lost custody of your child, it is time to get the best counsel you can in order to take effective steps to be reunited with your child(ren). Call (408) 277­-0377 or contact us online to schedule an appointment with our firm and let us get started on your case today. Our team would be happy to speak with you about your situation. Secure the experienced counsel of the Law Office of Wesley Schroeder. We are ready to help you and work towards the best possible outcome for you and your family in pursuit of custody. Do not hesitate to call.