Today, I appeared for the first time for a mother on a juvenile dependency case. It was actually the client’s second time appearing in court. But she hired me because she was not satisfied with the court appointed attorney and the outcome of the first court appearance. In these types of cases the social worker, also known Child Protective Services (“CPS”), Department of Children and Family Services (“DCFS”) or some variation thereof, is asking the court to remove children from their parents or relatives.

In this case, CPS had taken away my client’s 5 children. They based the fact the children were removed on allegations of physical abuse, on one of the children, by an “unknown person.” Initially, the social worker took the children away from both parents, and scheduled an initial court date. At the initial court date, the juvenile dependency court ordered that the children remain detained from the parents and continued the case for a subsequent jurisdictional hearing.

After these events, the mother hired our firm to represent her in this case. Based on the story she told us, we were a little confused as to why the children were initially taken by the social worker, and why the court ordered continued detention of the children in foster care. Based on what the mother told us, we had concluded that there was no juvenile case, or need for juvenile court intervention, since the alleged perpetrator was not the mother, father or anyone living in the family home. When you read section 300 of the California Welfare and Institutions Code, the perpetrator of the abuse, or risk of abuse has to be the parent, legal guardian, or member of the household.

In this case, the alleged perpetrator was an unknown adult, living in an unknown place.

I appeared and the court released the children back to the parents; and the case was continued for a trial. The client, and the father, want the case thrown out and dismissed. In a short conversation with the social worker’s attorney I mentioned that the law actually requires that the abuse, or risk of abuse, be perpetrated by the parents or member of the household. He looked surprised, as if he, and everyone else on the case, had overlooked this technicality. He agreed with the recommendation that the children be released to the parents, but was not in agreement that the case be dismissed. So, the case was continued for an actual trial.

The morale of the story, make sure you read the law. And if you have questions or concerns, confer with your attorney. Sometimes the simplest things are overlooked.

Now, my client, after listening to me in court, wants to sue the County and the social worker for wrongfully taking her kids away from her. I told her we would be meeting on that issue in the next few days.

By the way, Juvenile Dependency cases are rarely this easy.

Should you have questions or comments, please don’t hesitate to call our offices.

Vincent W Davis

Trial Lawyer


When you talk to me, Vincent W. Davis, you can be sure of one thing, that I am listening. Child Protective Services (CPS or DCFS) and your accusers have their story, and it is our job to make sure that your story is heard and we keep your family together. If your kids or grand-kids have already been taken, we will find the best and fastest way to reunite your family.

Call me personally - 888-888-6582 - I am waiting to hear your story now, to defend you and keep your family together or reunite you and your precious loved ones.

We Are Your Juvenile Dependency Lawyers and we are proud to serve    Los Angeles,   Orange,   Riverside,   San Bernardino , Ventura, and  San Diego Counties.


Juvenile Dependency Attorney Locations

Arcadia Office
150 N. Santa Anita Ave,
Suite 200
Arcadia, CA 91006
Phone: (888) 888-6582
Fax: (626)-446-6454

Beverly Hills Office
9465 Wilshire Blvd.
Suite 300
Beverly Hills, CA 90212
Phone: (888) 888-6582

La Mirada Office
Cerritos Towne Center
17777 Center Court Drive ,
Suite 600
Cerritos, California, 90703
Phone: (888) 888-6582

Los Angeles Office
Gas Company Tower
555 West Fifth Street,
31st Floor
Los Angeles, California, 90013
Phone: (888) 888-6582

Long Beach Office
Landmark Square
111 West Ocean Blvd.,
Suite 400
Long beach, California, 90802
Phone: (888) 888-6582

Irvine Office
Oracle Tower
17901 Von Karman Avenue,
Suite 600
Irvine, California, 92614
Phone: (888) 888-6582
Fax: (949)-203-3972

Ontario Office
Lakeshore Center
3281 E. Guasti Road,
7th Floor
City of Ontario, California, 91761
Phone:(888) 888-6582

Riverside Office
Turner Riverwalk
11801 Pierce Street,
Suite 200
Riverside, California, 92505
Phone: (888) 888-6582

San Diego
Emerald Plaza
402 West Broadway,
Suite #400
San Diego, California, 92101
Phone: (888) 888-6582

Aliso Viejo
Ladera Corporate Terrace
999 Corporate Drive,
Suite 100
Ladera Ranch, California, 92694
Phone: (888) 888-6582

Comments are closed.

Juvenile   Dependency   ResourcesIf you or a family member are facing off with Child Protective Services, Vincent W. Davis is here to help!

View More Resources

Contact   Us — Juvenile   Dependency   Lawyers   —   Vincent   W.   Davis   &   Associates

Please fill out all fields and an DCFS CPS attorney will contact you.