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

Q: I live in Ca my ex girlfriend and I have a child she basically abandoned him got pregnant again then got a cps case

The baby ended up being mine I went to court and did dna test now cps is asking questions about my child who doesn't have a case with them and came to a home visit to check if I could get the newborn but were more focus on my other child ask me to remove his diaper to check him said it was protocol came the following day wanted me to drug test I did everything the judge asked I refused test now cps has there own agenda now I feel like my son at risk to be taken they parked in front of my house for hours and made the gesture that were watching you I would feel comfortable if the judge said it but to remove my kid diaper that really rubbed me the wrong way please seeking advice

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

A: Under California law, Child Protective Services (CPS) is authorized to investigate situations where a child's welfare might be at risk. This includes situations where there is a concern about abuse or neglect. If you have a child living in your household and another child is under investigation by CPS, they may assess the well-being of all children in the home as part of their duty to ensure child safety.

It's important to know that while cooperating with CPS can be beneficial, you also have rights. You have the right to ask about the specific concerns CPS has regarding your child and their reason for conducting certain assessments or requests, such as a drug test.

If you feel that your rights or the rights of your child are being violated, or if you are uncomfortable with the actions of CPS, you may consider consulting with a family law attorney. An attorney can provide specific guidance based on your situation, represent your interests, and communicate with CPS on your behalf.

Remember, each situation is unique and the involvement of legal counsel can help clarify your options and rights under California law. It's also beneficial to document all interactions with CPS, including visits, requests, and any communications, as this information can be important in any legal proceedings.

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