Articles

Family Reunification Services: Early and Often

Having represented people in juvenile dependency cases against Child Protective Services (“CPS”, or the Department of Children and Family Services, DCFS, as they are known in Los Angeles County) for almost 30 years, I’ve come to realize something very important which all parents and families should know:  And that is no matter what allegations or […]

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ONE WAY TO POSSIBLY HELP SAVE YOUR PARENTAL RIGHTS

ONE WAY TO POSSIBLY HELP SAVE YOUR PARENTAL RIGHTS The other day, I had the opportunity to be involved in a hearing where the Department of Children and Family Services was attempting to terminate my client’s parental rights pursuant to a Welfare and Institutions Code Section 366.26 hearing. The minors’ attorneys was adamantly against my […]

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3 Things You Must Know If You Are Served With Legal Papers Regarding A Family Law Case

3 THINGS YOU MUST KNOW IF YOU ARE SERVED WITH LEGAL PAPERS REGARDING A FAMILY LAW CASE OR CONTEMPLATING YOUR OWN FAMILY LAW CASE Family Law is a generic term used to describe cases that are handled by the Family Law Department of the California Superior Court.  They include divorces, paternity cases, most domestic violence […]

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5 Things You Should Know About The Tax Payers Bill Of Rights (Part 1 of 3)

  5 THINGS YOU SHOULD KNOW ABOUT THE TAX PAYERS BILL OF RIGHTS Part One (3 Part Series) It is a surprise to most people that citizens have a Bill of Rights when dealing with the Internal Revenue Service (“IRS”).  1. You have the right to an explanation of the audit process, an explanation of […]

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The Most Important Thing You Must Know At the Beginning of Your Juvenile Dependency Case

I’ve been noticing a shift in the willingness of social workers, and sometimes judges to place foster children with family. It seems that all the political lobbying foster parents are doing in Sacramento and amongst the County social workers is paying off. It is imperative that you know the following: YOU MUST FIGHT TO PLACE YOUR […]

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Foster Parents Rights

Foster Parents may have certain rights in the relationship, custody and visitation of a foster child. They may not have the same rights that a parent has, or a relative. But they do indeed have rights. Many times I’m confronted with foster parents who have been told by a county social worker that they do […]

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The Selection & Implementation Hearing (.26)

If you haven’t regained custody of your children by the conclusion of the .21F hearing (Chapter 12), the court will schedule a hearing pursuant to WIC section 366.26. This hearing is supposed to select the best permanent plan for your children. The first plan the social worker is likely to recommend is adoption by another […]

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The Twelve Month Review Hearing (.21F, PPH)

Assuming the children were not returned at the .21e hearing – this is the 12 month hearing. During this period, you are still assigned a social worker, (FR Worker). It is supposed to be his/her job to reunify the parents with the children. During this period “Concurrent Planning” continues, and seems to take on a […]

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The Sixth Month Review (364, .21E, JR)

Assume you won your case at the dispositional hearing, the case will most likely be continued for a 6 month review pursuant to WIC 364. During this period of time, a new social worker is assigned to your case; a family maintenance worker. As the name sounds, this social worker’s job will be to visit […]

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The 388 Petition & Hearing

I mentioned this hearing here, because I’d like you to be thinking about this tool all during the juvenile court process. Theoretically, it cannot be used until after the dispositional hearing; therefore, I mention it now. This is a petition that ANY PERSON can file asking the judge to change a prior court order, and […]

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The Dispositional Hearing (Dispo, Trial #2)

If the parents lose the adjudication phase, or if they plead at the adjudication phase, the next hearing is the Dispositional Hearing. This is probably the most important hearing in the entire juvenile dependency process. And, we must remember, if you lose the adjudication trial, this does NOT mean you will lose the dispositional hearing. […]

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The Contested Jurisdictional Hearing (ADJ, Trial #1)

Assuming that you were not in agreement with some or all of the recommendations of the DI in the Jurisdictional/Dispositional report filed by the social worker; you are entitled to a trial. I refer to this trial as the Adjudication Hearing, or trial number 1 (ADJ, Trial#1). The first thing you should do is schedule […]

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The Jurisdictional Hearing (JDX, ROR)

After the Arraignment & Detention Hearing, the case is assigned to a social worker called a Dependency Investigator (DI). It is this workers job to independently, and objectively, investigate the allegations of the Emergency Response (ER) social worker, the allegations in the WIC 300 petition, including reviewing documents and interviewing witnesses. It is my humble […]

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The Pre-Release Investigation (PRI)

On occasion, the judge may set an interim hearing, if requested, for the home of a relative or parent to be investigated, so that the children can be placed there, and not in foster care. I find that these types of hearings are being used less and less; and being asked for less and less […]

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Placement With Relatives & Family Friends

Many times, children are placed in foster homes when they are taken from parents. In my opinion, placement with friendly relatives is always better than placement in a foster home. The reasons for this opinion are almost infinite, but include:  better visitation schedule (frequency & duration) for the parents; children are in a more familiar […]

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First Court Hearing: The Arraignment & Detention Hearing (A&D)

After your children are taken by the social worker, the law requires that you be given the opportunity to go to court and challenge the social worker. This can be a long process. The social worker has to notify you, within 48 hours of you losing your children, that you have a court date. Some […]

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The Social Worker’s Initial Investigation

Juvenile Dependency cases usually begin in two ways. First, the social worker, generally an Emergency Response (ER) worker, becomes aware of the suspected child abuse, which was reported by a third person.  California, like most states, has a long list of “mandated reporters” of suspected child abuse. Teachers, doctors, therapists, day care providers, or any […]

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The Juvenile Dependency Court System

The Juvenile Dependency Court System is administrated by two different entities. The Superior Court of California, Juvenile Dependency Departments – which is part of every County Superior Court system in California.  This system is part of the judicial branch of the local government. The County social works have different names from County to County. In […]

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Introduction

About the Author: Vincent W. Davis is a licensed attorney in the State of California. He is the managing member of the Law Offices of Vincent W. Davis & Associates. www.VincentWDavis.com, www.FightChildProtectiveServices.com, Phone: 888 888 6582 v.davis@VincentWDavis.com   The law firm currently has two attorneys who practice primarily in the area of Juvenile Dependency law. They […]

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Social Services Takes Your Kids out of Your Home — CA lawyer Vincent W. Davis Explains What to Do

Social Services Takes Your Kids out of Your Home — CA lawyer Vincent W. Davis Explains What to Do Social Services Takes Your Kids out of Your Home — CA lawyer Vincent W. Davis Explains What to Do http://www.helpfightcps.com (877) 696-3303 California attorney Vincent W. Davis wants to talk to you about what you should […]

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Do You Have to Let a Social Worker in Your Home? — CA Lawyer Vincent W. Davis Explains

Do You Have to Let a Social Worker in Your Home? — CA Lawyer Vincent W. Davis Explains California attorney Vincent W. Davis talks about how to handle if a social worker comes to your door and wants to be let in your home. First thing to know is that you can legally refuse to […]

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If Social Services Removed Your Children — CA Attorney Vincent W. Davis Explains How To Respond

If Social Services Removed Your Children — CA Attorney Vincent W. Davis Explains How To Respond Listen as California attorney Vincent W. Davis discusses some possible options you have if social services has come into your home and removed your children. While trying to resolve your social services case, you may want to do everything […]

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A Dispositional Hearing Could Benefit You in a Social Services Case — CA Lawyer Vincent W. Davis

A Dispositional Hearing Could Benefit You in a Social Services Case — CA Lawyer Vincent W. Davis California attorney Vincent W. Davis explains what a dispositional hearing is and how it could benefit you in your social services case. A dispositional hearing is a meeting in which it is decided where your child or children […]

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How To Change a Court Order as Part of Your Juvenile Case — CA Lawyer Vincent W. Davis Explains

How To Change a Court Order as Part of Your Juvenile Case — CA Lawyer Vincent W. Davis Explains California attorney Vincent W. Davis wants to walk you through the steps of how to change something that was court ordered as part of your juvenile case. The judge may have ordered certain visitation rules, custody […]

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How To Visit Your Child with Social Services Before Your First Hearing – CA Lawyer Vincent W. Davis

How To Visit Your Child with Social Services Before Your First Hearing – CA Lawyer Vincent W. Davis California attorney Vincent W. Davis explains how important it is to discuss visitation with your social worker before your first hearing even occurs. If your children have been removed from the home, the social worker is responsible […]

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Requesting a Rehearing if Not Happy with Juvenile Dependency Decision — CA Lawyer Vincent W. Davis

Requesting a Rehearing if Not Happy with Juvenile Dependency Decision — CA Lawyer Vincent W. Davis California attorney Vincent W. Davis wants you to know what you can do if the judge in your juvenile dependency case has made a decision and you’re not happy with it. During your case, the judge may mandate a […]

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