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David C. Dickey, Esq.California Attorney

FAQs

Plain-English Answers to Common Questions

These answers offer general information only. Every family’s situation is different, so please contact the office to discuss your specific circumstances.

CPS & DCFS Investigations

What should I do if CPS or DCFS contacts me?

Stay calm, be respectful, and take the contact seriously. Write down the social worker’s name, the date, and what was said, and speak with an attorney as early as possible. What you say during an investigation can later appear in reports filed with the dependency court.

Do I have to let a social worker into my home?

Generally, a social worker needs your consent, a court order or warrant, or an emergency situation to enter your home. How to respond depends on the circumstances, so it is wise to get legal advice before agreeing to or refusing a request.

Should I talk to the social worker without a lawyer?

You are not required to answer every question, and anything you say may be documented. An attorney can help you understand your rights and decide how to communicate with DCFS in a way that protects you and your family.

How long does a CPS investigation take in Los Angeles County?

Many emergency response investigations are expected to be completed within about 30 days, though timelines vary. An investigation may close, lead to voluntary services, or result in a petition filed in dependency court.

Child Removal & Dependency Court

Can CPS take my child without a court order?

In California, a social worker or law enforcement officer may take a child into temporary custody without a warrant only in limited circumstances, such as when there is reason to believe the child is in immediate danger. Otherwise, a removal order or warrant is generally required.

What happens after my child is removed?

If a child is detained, a dependency petition is typically filed within about two court days, and a detention hearing is held shortly afterward. At that hearing, the court decides whether the child stays out of the home while the case moves forward.

What are the main hearings in a dependency case?

A dependency case usually moves through a detention hearing, a jurisdiction hearing (where the court decides whether the allegations are true), a disposition hearing (where the court sets a case plan), and periodic review hearings. Each stage gives parents an opportunity to be heard.

How long do I have to reunify with my child?

Reunification timelines depend on the child’s age and the circumstances. Services are often offered for about 6 months for children under 3 and about 12 months for older children, with possible extensions in some cases. Complying with your case plan and documenting your progress is critical.

Can my parental rights be terminated?

If reunification is not successful, the court may hold a permanency hearing where termination of parental rights can be considered. This is one of the most serious stages of a case, and legal representation is especially important.

Can I hire my own attorney if I already have a court-appointed lawyer?

Yes. Parents in dependency cases may be appointed counsel, but you also have the option to retain a private attorney to represent you instead.

Dependency Appeals

Can a dependency court order be appealed?

Many dependency orders can be appealed, but some must be challenged through a writ petition instead. Deadlines are short, often 60 days for a notice of appeal and as little as 7 days to file a notice of intent for certain writ petitions, so prompt review is essential.

What does an appeal review?

A dependency appeal reviews the record from the juvenile court for legal error or insufficient evidence. It is generally not a new trial, and new evidence is usually not considered.

Special Education & IEPs

What if I disagree with my child’s IEP?

Parents can express disagreement, request further discussion or evaluation, and pursue available dispute-resolution procedures.

What if the school does not provide the services in the IEP?

A failure to implement required services may raise legal concerns. The records and educational impact should be reviewed.

What is special education due process?

It is a formal procedure for resolving certain disputes involving evaluations, placement, and the provision of a free appropriate public education.

Request a Consultation

Have a Question About Your Situation?

General information can only go so far. Contact the office to discuss the specific facts of your CPS investigation or dependency case.