Again the power that CPS has in this situation cannot be overstated. CPS investigates allegations of abuse and neglect of children, as defined by Penal Code (PC) §11165.6 , Welfare & Institutions Code (W&I) §300 and California Department of Social Services' Division 31-100 [PDF] Regulations. If your situations has advanced to the point where you child has been placed by Child Protective Services (CPS) into foster care, it’s important to understand your rights and responsibilities. You can have child support established through the Office of the Attorney General and can file a paternity petition asking to be named as the father to the child. Dealing with Child Protective Services can be a difficult and traumatic time. However, if you don’t follow CPS instructions, you risk being seen as uncooperative. Although you may think you understand your rights, it is best to be absolutely sure about the legal implications of the decisions you take. CPS cases are normally emotional for parents, and it can be easy to lose your cool. Both law enforcement agencies and CPS have authority to accept child abuse reports and investigate child abuse reports. CPS caseworkers take children from their homes, their schools, and from hospitals if the children have been taken for medical care following an injury or medical condition. If they give birth and the child is under the influence, there isn’t much of a question. I don’t know if going to another county would help. Dear Mom in WV. Sometimes it is for a good reason and sometimes it is completely frivolous. Can CPS take my newborn baby if I had past history of CPS case that is closed? I believe this depends on the reason for the removal of the children. Second, no, once child protective services is involved, and until their investigation is concluded (and only then if they find nothing), you do not have a say in what happens to your children. Social Services does not share case files across state lines and giving birth at any hospital in your area will send up a flag. PC §§11165.9 , 11166.3 . If you have not had a relationship to the child and are not the legal father of the child (at least as of yet), CPS may name you as the alleged father of your child. If possible, keep in touch with your child’s caretakers. Ebook If you want to know more about what you can do, CLICK the button below to get your FREE E-book: “Child Protective Services E-Book.” Other Articles you may be interested in: What to Do When CPS Asks for a Drug Test in Texas; CPS and how The Law Office of Bryan Fagan, PLLC can help; Take control of your child’s CPS case by following these tip.s It will help you and it will really help your kids get through this. Knowing what to expect from your child will help you in many ways. As well, if you know what skills to expect at a specific age, you can be sure to take steps to keep your child safe (for example, keeping dangerous objects well out of reach before your baby starts crawling). making can still occur. I don't know what this parent's situation is or how CPS reached their conclusion, but the mother is not without rights. If you have sole physical custody, it is not legal for the other parent to take your child from you. Do everything you can to make it a positive relationship. If I would have known what I know now, I could have gotten my case thrown out of court but now over 9 months later there is not much we can do. Children are also separated from parents, and sometimes from their siblings too, at CPS offices and in juvenile/child protection/dependency courthouses. If that person lives with you, CPS doesn’t have the power to make that person move. Tell your attorney if you, your child, or your child’s other parent might be an eligible member of an Indian tribe. Sometimes taking your child from you is a crime, like "parental kidnapping." Sweets, if your other children were taken at a TPR hearing the caseworkers can take your new baby without any other reason. My sister had most of them removed due to neglect and drug use. CPS can tell you to keep your child away from the person accused of child abuse or neglect. I am in WV too. When it comes to having your children removed from by DSS it can be a very distressing situation. Be respectful. Law enforcement must contact the county Child Protective Services (CPS) agency within 12 hours of receiving a report of suspected child abuse or neglect. I am going through similar situation. You probably do not know for sure who made the report – it could have been a family member, a neighbor, a teacher, a doctor, a police officer, or even a stranger. However if you signed your rights away before the TPR hearing you will not automatically have your baby taken. If CPS determines that your child is in immediate danger, CPS may remove your child before getting a court order. I think you should seriously consider making this baby available for adoption. If your mother can't take on another baby (you didn't say how many you already have), there are hundreds of thousands of couples who would love to adopt a baby. Remove the Child: If CPS determines that there are no reasonable efforts that can keep your child safe in your home, CPS will get a court order and take custody of your child. But taking your frustrations out on the social worker isn’t going to help your cause. You really need to get yourself straightened out before you have another child. Now, it is true that in many areas, this only occurs if there is an open case file and with the children already being adopted, it is now closed, but I wouldn't rely on it. Criteria and Conditions for Utilizing the Guidelines: These guidelines focus on considerations, and specific steps to take, in the following situations: A report of child abuse includes information that a parent or caregiver whom is alleged to be a perpetrator now or was in the past is pregnant or has a new baby. If you can be the best you can be for your children, you will be the parent who should raise them. If you seriously have your life back in order, move to another state now. Asked on Mar 26th, 2015 on Child Custody - California My advise for you is do as much research as you can. QUESTION. I truly hope you can get your case closed and get your sanity back soon. (See also: How to Obtain an Attorney for Your Case) The basic premise of foster homes in these situations is that they are used by CPS to provide temporary care. Anyone can report suspected child abuse and/or neglect to a local Child Protective Services agency or law enforcement. Hello there: CPS may remove a child from its home when there is probable cause to believe that the child is in danger of immediate neglect or abuse. You may not understand what to do, or what your rights are when dealing with CPS. There are a few possibilities… If they are still “in the system,” then CPS is aware that mom is pregnant. My sister has 8 kids (I think) maybe 9 all in foster care. Lawyers.com Discuss Your Legal Issue Ask a Lawyer Child Custody Can CPS take my newborn baby if I had past history of CPS case that is closed? DSS may come into your life for multiple reasons. If you’re worried that they are not reaching some milestones, you can mention it to your doctor. If you or someone you know is seeking help from addiction, please visit our directory of treatment centers or call 800-772-8219 to speak to a treatment specialist. If CPS is investigating you, it is because someone has reported to CPS that he or she thinks your child has been abused or neglected. 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