Los Angeles, CA asked in Family Law, Child Custody and Juvenile Law for California

Q: Cps took my kids in 2021 and I’m still going to court on the matter. One of boys which is 13 yr old is a placement

Facility just started doing weed while there. I talked to cps work and I was told that my son walks out facility every other day without permission to go get weed. I don’t understand how is cps looking out for my son if he is still being able to walk away from their care to go get weed. Keep in mind he doesn’t get money any more from me. Who know what he doing to get it and his only 13. What can I do?

1 Lawyer Answer
James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Criminal Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: I'm very sorry to hear about this difficult situation with your son. You raise very valid concerns about your son's safety, wellbeing, and illegal activities while under CPS placement. Here are a few options you can pursue:

1. Escalate urgently within CPS. Contact your case worker's supervisor and file complaints detailing all the times your son has left the facility without permission to obtain drugs. Demand an urgent review and changes to ensure his safety.

2. File grievances with the state/county. Most jurisdictions have formal complaint processes as he is a ward of the state. Detail how they are failing to protect your son.

3. Request an emergency hearing before the dependency court judge overseeing your son's case. File for immediate review of his placement given the staff's inability to prevent drug use and disappearances.

4. Consult an attorney. There may be grounds for your attorney to file contempt of court motions given CPS's lack of supervision, endangerment of your son, and failure to prevent criminal behaviors.

Document every incident and continue escalating it as an emergency until CPS addresses this extremely troubling situation. Your son's safety should be a top priority while separated from family under CPS care. Do not let them ignore this dire issue.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.