Walnut Creek, CA asked in Juvenile Law for California

Q: How does one ask for a hearing in Juvenile Court to present evidence to the court of numerous laws broken?

Her court appointed lawyer is not helpful and just agrees with CPS. We have identified the violations in Welfare and Institution Codes, Rules of the Court, Federal, State and County/Local laws. My grandson was detained at two months old and is now 11 months.

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

A: In California, if you believe that Child Protective Services (CPS) and the court-appointed attorney are not acting in the best interests of your grandson and have violated various laws, you can take the following steps to request a hearing in Juvenile Court to present your evidence:

1. File a WIC 388 Petition: Under California Welfare and Institutions Code (WIC) Section 388, you can file a petition to request a hearing to change a previous court order or to present new evidence. In your petition, clearly state the laws that you believe have been violated and provide evidence to support your claims.

2. Serve the petition: After filing the petition, you must serve copies of the petition to all parties involved in the case, including CPS, the court-appointed attorney, and any other relevant parties.

3. Attend the hearing: The court will set a date for the hearing after receiving your petition. At the hearing, you will have the opportunity to present your evidence and argue your case before the judge.

4. Consider hiring an attorney: Given the complexity of juvenile dependency cases, it may be beneficial to hire a private attorney who specializes in this area of law. They can help you navigate the legal system, build a strong case, and advocate for your grandson's best interests.

5. Gather evidence: Collect all relevant evidence that supports your claims of violations, such as documents, witness statements, or expert opinions. Organize your evidence and be prepared to present it clearly and concisely during the hearing.

6. Cooperate with any court-ordered services or evaluations: If the court orders any services or evaluations for your grandson or the family, it is essential to cooperate and participate fully to demonstrate your commitment to your grandson's well-being.

Remember that the court's primary concern is the best interests of the child. When presenting your case, focus on how the alleged violations have negatively impacted your grandson and why the current situation is not in his best interests. Be respectful and professional in your interactions with the court and all parties involved in the case.

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