Voluntary Family Maintenance vs. a Court Case With LA County DCFS

At the end of some Los Angeles County DCFS investigations, the social worker offers an option that sounds like good news: Voluntary Family Maintenance, often called VFM. Instead of filing a petition at the Edmund D. Edelman Children’s Court, DCFS proposes that your family accept services voluntarily while the children stay home. For some families it is the right choice. For others it creates problems they did not expect.

What VFM is

Voluntary Family Maintenance is a period of services provided without a court case, authorized by Welfare and Institutions Code section 301 and related regulations. The children remain in the home. The family agrees to a case plan, which may include parenting education, counseling, drug testing or domestic violence services, and the social worker visits regularly. VFM is generally limited in duration, with the goal of closing the case once concerns are resolved.

Potential advantages

No petition and no court hearings at Edelman
The children stay home throughout
Less public exposure than a dependency case
A path to closing the case without jurisdictional findings by a judge

Real risks to weigh

No judge reviews the plan. If you think a requirement is unfair, there is no hearing to challenge it.
The social worker holds significant leverage. If DCFS believes you are not complying, it may file a petition, and your participation in VFM can become part of the record.
No court-appointed attorney. Parents are not appointed counsel in a voluntary case.
The underlying investigation findings may remain in DCFS records even if VFM goes well.

Questions to ask before you agree

What exactly is in the case plan, and how long will it last?
What would happen if I said no?
How will DCFS decide the case is complete?
Will the referral’s findings be substantiated, inconclusive or unfounded?

How an attorney helps in VFM

A private attorney can review the proposed plan, negotiate its terms, communicate with the social worker, and document your compliance so the case closes on time. If DCFS later threatens a petition, you already have counsel who knows the file.

Talk to a Los Angeles DCFS defense attorney

ALL Trial Lawyers and lead attorney Mohammad Abuershaid advise Los Angeles County families on VFM offers, investigations and Edelman court cases from our office at 10880 Wilshire Boulevard. Call 866-811-4255.

About the author: Mohammad Abuershaid is the founding attorney of ALL Trial Lawyers. He is a top-rated juvenile dependency attorney and has received numerous awards recognizing him as one of the best attorneys in Los Angeles.

This article is general information, not legal advice. Every case depends on its facts.