Q: My two boys was took by cps but they didn't take my daughter is this legal
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- California
- (916) 704-3009
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- Answered
A:
I understand this is a very difficult and stressful situation.
In California, Child Protective Services (CPS) has the authority to remove a child from their home if they believe the child is at risk of abuse, neglect, or abandonment. They must have reasonable cause to believe that the child is in immediate danger.
It is possible for CPS to remove some children from a home but not others, depending on the specific circumstances and the assessed risk to each individual child. The age, health, and safety of each child are considered independently.
However, CPS is required to follow certain legal procedures when removing a child. This includes obtaining a court order or warrant in most cases, unless the child is determined to be in imminent danger. Parents also have the right to a court hearing within a certain timeframe to determine if the removal was justified.
If you believe CPS acted improperly or illegally in removing your sons, I would strongly encourage you to consult with a family law attorney who specializes in child welfare cases. They can review the specific details of your case and advise you of your parental rights and legal options.
In the meantime, it's important to cooperate with CPS and the court process, attend all hearings and appointments, and follow any instructions provided regarding visitation and steps to take to reunify your family, if reunification is the goal.
I know this is an incredibly painful ordeal for a parent. Please don't hesitate to reach out to local legal aid organizations or family advocacy groups for support and guidance during this difficult time. Wishing you and your children all the best.
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