Hi, I am in desperate need of some legal guidance regarding a false claim of failure to protect by Alameda County CPS.

Question

CPS used false evidence to remove my 2 day old nephew from the postnatal recovery room at the hospital 12/23/23 and remains in court ordered foster care, based on an alleged positive result on a substance test.  The baby was born in perfect health and tested negative for substances, as did the mother on multiple tests, but CPS used one alleged positive (not in chart) for emergency warrant to remove my nephew from parental care.  The welfare worker responsible for the emergency removal used the promise of housing assistance to collect sensitive information, that he then presented out of context in the report.   All of the allegations by CPS in this case are lies or fabrications but the court refuses to address obvious contradictions between allegations and evidence.  For example, CPS alleges mother exposed baby to drugs in utero (not alone reason for removal) while evidence is that the baby tested negative for drugs, yet the court finds for CPS recommendations.  How to fight this?

James L. Arrasmith · Answer

I'm so sorry to hear about the difficult situation your family is going through with CPS and the removal of your newborn nephew. It sounds incredibly stressful and upsetting, especially if CPS's allegations seem contradictory to the actual evidence.  
 
I strongly recommend working with an experienced family law attorney who specializes in CPS cases. They can review all the details and evidence, advise you of your legal options, and advocate on behalf of your family in court proceedings. 
 
That said, here are a few suggestions for challenging a CPS removal: 
 
1. Gather all documentation - Collect and organize all relevant medical records, drug test results, correspondence with CPS, court documents, etc. Look for concrete evidence that refutes CPS's claims. 
 
2. Request a hearing - Parents have the right to contest a removal and request a hearing before a judge. An attorney can file the necessary motions. Emphasize the lack of evidence supporting removal. 
 
3. Comply with CPS requirements - Even if you disagree with their findings, it's important to follow any court-ordered steps like parenting classes, counseling, home visits, etc. This shows good faith effort. 
 
4. Maintain a paper trail - Document all interactions with CPS workers and keep records of complying with their demands. If they are being unreasonable or acting improperly, point this out to your attorney and the court. 
 
5. Seek a second opinion - If drug tests are in question, request independent lab analysis. If mental health is a factor, get an evaluation from an outside professional to contest CPS's findings. 
 
6. Consider a complaint - If a CPS worker seriously violates protocol or a family's rights, a formal complaint to their supervisor or the agency ombudsman may be warranted. 
 
I hope this gives you a starting framework, but again, please consult with a qualified CPS defense attorney in your area as soon as possible for guidance specific to your nephew's case. Wishing you all the best in reuniting your family and holding CPS accountable.

Q: Hi, I am in desperate need of some legal guidance regarding a false claim of failure to protect by Alameda County CPS.