Facing a visit from Child Protective Services (CPS) can be an incredibly distressing experience for a parent. Many parents fear the worst that CPS may take their child away without any warning. Child CPS does have significant authority in California; there are specific legal limits on what they can and cannot do, and they are required to work within their limited scope of authority.
At The Law Office of Kevin Lemieux, APC, we help families in San Diego navigate CPS investigations and dependency proceedings. Our founding attorney is a Certified Child Welfare Law Specialist and a Certified Family Law Specialist (as of November 2013) who is recognized by the California Bar Association for excellence in this field. We bring a trial-focused approach to every CPS case. Call 619-488-6767 today to schedule your consultation so we can help you prepare for what might happen next.
When Can CPS Remove a Child Without a Court Order?
CPS can only remove a child without a court order in cases involving immediate danger. California law allows for emergency removal when there is a risk of serious physical harm and no time to obtain judicial approval. This is known as an exigent circumstance.
Examples may include:
- Evidence of ongoing abuse or severe neglect
- Hazardous living conditions that threaten the child’s safety
- A situation where the parent is unavailable and no alternative caregiver is present
Even in these urgent cases, CPS must justify the removal before a judge. A court hearing is usually scheduled within 48 hours to determine whether the child should remain out of the home. Although having your child taken from your home can be an incredibly traumatic moment, do your best to avoid escalating the situation. Your attorney can work to quickly address the allegations so your children can be returned to you.
What Happens if There Is No Immediate Danger?
If CPS does not believe the child faces an immediate threat, they cannot remove the child without first obtaining a court order. To obtain an order, they must file a petition with the juvenile court and provide supporting evidence. The parent then has the opportunity to respond to the allegations and be present with an attorney in court.
This is where having a skilled attorney becomes essential. The Law Office of Kevin Lemieux, APC, treats every case as though it could proceed to trial. That level of preparation ensures that evidence is preserved, procedural errors are challenged, and the best possible defense is presented to the court.
Don’t Delay Protecting Your Rights. Call The Law Office of Kevin Lemieux, APC, Today
Child removal cases move quickly, and taking prompt action can greatly improve your chances of retaining your child in your home.
At The Law Office of Kevin Lemieux, APC, we have been fighting for parents across San Diego County since 2003, offering dedicated legal representation to all families, including LGBT parents. Our approach is shaped by years of trial experience and a deep understanding of the child welfare system.
We understand how stressful these cases can be and will provide dependable and effective legal counsel from start to finish. Call 619-488-6767 for a free consultation or contact us online and let us help you protect your child and defend your rights with the focus and urgency your case deserves.
Facing a visit from Child Protective Services (CPS) can be an incredibly distressing experience for a parent. Many parents fear the worst that CPS may take their child away without any warning. Child CPS does have significant authority in California; there are specific legal limits on what they can and cannot do, and they are required to work within their limited scope of authority.
