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Frequently Asked Questions – CPS & DCFS Defense in Los Angeles County

Q: What Does a CPS Defense Lawyer Do in Los Angeles County?

A CPS defense lawyer represents parents facing allegations of child abuse or neglect, and defends their rights during CPS investigations and juvenile dependency court proceedings.

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Q: Why Should I Hire a DCFS Defense Attorney in Los Angeles?

A: A DCFS defense attorney protects your parental rights, challenges unsubstantiated allegations, and helps reunite families during the juvenile dependency process.

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Q: What Is the Difference Between CPS and DCFS in Los Angeles?

A: In Los Angeles County, DCFS stands for the Department of Children and Family Services, which is the agency responsible for child protection. CPS is a common term used to describe their child welfare services.

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Q: What Is Juvenile Dependency Court in Los Angeles?

A: Juvenile dependency court handles cases involving allegations of abuse, neglect, or harm to a child, and determines whether children should be removed from their home.

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Q: Where Is the Juvenile Dependency Court in Los Angeles located?

A: The main juvenile dependency court in Los Angeles is the Edmund D. Edelman Children's Court in Monterey Park, located at 201 Centre Plaza Drive.

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Q: What Are my Rights if DCFS Contacts Me in Los Angeles?

A: You have the right to remain silent, the right to an attorney, and the right to refuse entry into your home without a warrant or court order.

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Q: Can DCFS Take my Child Without a Warrant in Los Angeles?

A: Yes, but only in emergency situations. A detention hearing must be held within 48 hours to review the removal.

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Q: What Happens at a DCFS Detention Hearing in Los Angeles?

A: The judge determines whether the child remains in DCFS custody or is returned to the parent while the case is ongoing.

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Q: Do I Need a Lawyer for a DCFS Investigation in Los Angeles?

A: Yes. A qualified juvenile dependency lawyer can help protect your rights, ensure proper procedures are followed, and build a defense.

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Q: Can DCFS Interview my Child Without my Permission?

A: Yes, if they believe the child is in immediate danger, but you may request legal representation and that the interview be recorded.

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Q: How Long Does a DCFS Investigation Last in Los Angeles?

A: Investigations typically last 30 days, but the timeline may vary depending on the case’s complexity.

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Q: What Should I Do if Accused of Child Neglect by DCFS?

A: Remain calm, avoid making statements without legal counsel, and contact a CPS or DCFS defense lawyer immediately.

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Q: Can Poverty or a Messy Home Cause DCFS to Remove my child?

A: No. DCFS cannot remove a child based on poverty alone, but unsafe living conditions may lead to an investigation.

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Q: What if my Newborn Tests Positive for Drugs at a Los Angeles Hospital?

A: A positive toxicology report can trigger a DCFS investigation and lead to a dependency case under WIC § 300.

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Q: What Is a Case Plan in a Juvenile Dependency Case?

A: A case plan outlines the steps a parent must take to reunify with their child, such as attending parenting classes or counseling.

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Q: Can my Child be Placed With a Relative Instead of Foster Care?

A: Yes. The court generally prefers placing children with relatives, if a safe and suitable home is available.

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Q: How Do I Regain Custody After DCFS Removes my Child?

A: You must comply with your case plan, attend all court hearings, and show progress to the court.

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Q: What Happens During a Jurisdiction Hearing in Juvenile Dependency Court?

A: The judge reviews the allegations and evidence to decide whether the child falls under the court's jurisdiction.

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Q: What Is a Disposition Hearing?

A: This hearing determines the child's placement and outlines the court’s orders for services and visitation.

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Q: What Services May I Be Required to Complete in a DCFS Case?

A: Services may include parenting classes, substance abuse treatment, counseling, and monitored visitation.

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Q: How Can a DCFS Defense Lawyer Help in Los Angeles?

A: They defend your rights, cross-examine witnesses, challenge the evidence, and advocate for family reunification.

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Q: What Are Common Allegations in DCFS cases?

A: Common allegations include general neglect, physical abuse, substance abuse, domestic violence, and failure to protect.

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Q: Can I Record Interactions With DCFS Workers?

A: In California, you may record conversations with consent, or in public settings. Always consult your attorney first.

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Q: Can I Refuse a DCFS Drug Test?

A: You can refuse, but refusal may negatively affect your case. Speak to a lawyer before making any decisions.

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Q: Can I Change my Court-Appointed Attorney in Juvenile Dependency Court?

A: Yes, by requesting a Marsden hearing if you believe your attorney is not effectively representing you.

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Q: Can I Appeal a DCFS Court Decision?

A: Yes. You have the right to appeal a court decision in your juvenile dependency case within a specific timeframe.

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Q: What Is Reunification and How Does It Work?

A: Reunification is the legal process that allows parents to regain custody after fulfilling the court's orders.

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Q: How Long Does a Juvenile Dependency Case Last?

A: Cases can last from several months to over a year depending on progress, reunification efforts, and court reviews.

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Q: How Can I Prepare for a DCFS Hearing?

A: Work with your attorney, gather documents, follow your case plan, and avoid any behavior that may be used against you.

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Q: How Do I Contact a Juvenile Dependency Lawyer in Los Angeles County?

A: You can call our office or schedule a free consultation at losangelescpslawyer.com to speak directly with Attorney Mohammad Abuershaid.

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