Any time that Child Protective Services (CPS) steps in to accuse you or your spouse of neglect or abuse, the consequences can be immediate and life-changing. A child’s removal from the home is never taken lightly and can lead to questions about your ability to parent. During these challenging and deeply emotional times, having reliable legal representation is critical.
At The Law Office of Kevin Lemieux, APC, our legal team, including one attorney who is recognized by the State Bar of California as a certified family law professional, understands how to take decisive action to combat the allegations and prevent further harm from coming to your family.
Backed by decades of combined experience, we’re equipped to assess the situation and take actions that protect your access to your children. Call 619-488-6767 to schedule your free consultation today.
Can CPS Remove a Child When One or Both Parents Have a Substance Use Disorder?
Yes. Substance use is a common reason CPS may seek the removal of your children. Social alcohol use alone generally would not provide grounds for removal, but frequent intoxication or use of controlled substances very well could.
While a history of substance use can raise red flags, active recovery efforts and protective arrangements, such as another adult providing care, may prevent removal. These cases are highly fact-specific. Having a legal team that can present the full picture and counter overstated claims is essential to protecting your rights and your child’s placement.
Can CPS Remove My Child Based on Someone Else’s Allegations?
Unfortunately, yes. CPS is legally required to investigate all credible claims, even those made by third parties. Reports from mandated reporters, such as teachers, doctors, or therapists, carry particular weight. In some cases, a biased family member or ex can trigger an investigation that can endanger your custody rights.
The Importance of Legal Representation
If CPS believes the child is in danger, they can seek emergency removal before a full hearing. Securing legal representation soon after a removal or upon notice of an investigation can greatly improve the odds that you will be successful in protecting your parental rights.
A skilled attorney can expose false motives, challenge faulty conclusions, and push for a fast resolution that reunites you with your child.
Can a Doctor Report My Family to CPS?
Yes. Healthcare providers are mandated reporters under California law and must report suspected abuse or neglect. If they suspect that a parent is neglecting or abusing their child, they are obligated to report those incidents.
Reports can be triggered by:
- Unexplained injuries or repeated ER visits
- Missed medical appointments or delayed care
- Signs of poor hygiene or malnutrition
Even when done with good intentions, these reports can launch investigations that lead to temporary removals of children. Although this can be a highly stressful moment, seeking legal representation can play a crucial role in ensuring that the courts hear the facts of the case and what CPS may have gotten wrong.
Contact The Law Office of Kevin Lemieux, APC, to Protect Your Parental Rights
A CPS investigation doesn’t automatically mean you’ll lose your child, but what happens next depends on how prepared you are. At The Law Office of Kevin Lemieux, APC, we approach every CPS case with urgency, skill, and courtroom readiness. Call 619-488-6767 or contact our office online to schedule your free consultation today.
Any time that Child Protective Services (CPS) steps in to accuse you or your spouse of neglect or abuse, the consequences can be immediate and life-changing. A child’s removal from the home is never taken lightly and can lead to questions about your ability to parent. During these challenging and deeply emotional times, having reliable legal representation is critical.
