Riverside, CA asked in Family Law and Child Custody for California

Q: I would like to appeal CPS decision of terminating my rights as a parent.

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1 Lawyer Answer
James L. Arrasmith
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  • Divorce Lawyer
  • Sacramento, CA
  • Licensed in California

A: If you are a parent in California and your rights have been terminated by Child Protective Services (CPS), you may have the right to appeal the decision. The appeals process in California is governed by state law and can be complex, so it's important to understand your rights and legal options.

To appeal a CPS decision to terminate your parental rights in California, you will need to follow specific steps and meet certain requirements. Here is an overview of the appeals process:

File a Notice of Appeal: In California, you have 60 days from the date of the order terminating your parental rights to file a Notice of Appeal with the appropriate appellate court. The Notice of Appeal must be in writing and include specific information, such as the name of the court, the date of the order, and the specific grounds for the appeal.

Obtain a Transcript: You will need to obtain a transcript of the proceedings related to the termination of your parental rights. This includes all hearings, testimony, and evidence presented in the case.

Prepare Your Appeal: You will need to prepare your appeal by identifying legal errors or other issues with the decision to terminate your parental rights, and presenting arguments and evidence to support your position. This may include challenging the evidence presented against you, arguing that CPS did not follow proper procedures, or presenting evidence that demonstrates your ability to care for your child.

Attend the Appeal Hearing: After you file your Notice of Appeal and prepare your appeal, you will need to attend an appeal hearing. The appellate court will review the transcript of the proceedings and any other relevant evidence and hear arguments from both sides. You may be represented by an attorney at this hearing.

Await the Decision: After the appeal hearing, the appellate court will issue a decision. If the decision is in your favor, your parental rights may be restored. If the decision is not in your favor, you may have additional options for appeal.

It's important to note that the appeals process in California can be complex and challenging, and it's recommended that you work with an experienced attorney who can help you understand your legal rights and options and guide you through the process. An attorney can also help you prepare a strong appeal and present your case effectively in court.

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