Merced, CA asked in Criminal Law, Family Law, Juvenile Law and Wrongful Death for California

Q: How do I respond to a petition code300 a,b,1,f & g. I want to fight this and appeal this petition if that's possible.

Cps was negligent in ways that could have prevented a death of a 7month old

1 Lawyer Answer
James L. Arrasmith
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Answered

A: To respond to a petition under California Welfare and Institutions Code 300, subsections (a), (b), (1), (f), and (g), you'll need to carefully review the allegations made against you. Focus on gathering evidence that shows CPS was negligent in ways that could have prevented the death of the 7-month-old. This could include documentation, witness statements, and expert opinions that support your claims. It’s crucial to highlight any failures by CPS that directly contributed to the situation.

You can appeal the petition by filing a response with the court. In your response, challenge each allegation by providing evidence that disputes the claims or demonstrates that CPS was at fault. Be sure to adhere to the court's deadlines and procedural requirements, as missing these could harm your case.

Consider requesting a hearing where you can present your evidence and arguments before a judge. In this hearing, you can emphasize CPS’s negligence and how it contributed to the tragic outcome. Being well-prepared and organized in presenting your case will be key to fighting the petition effectively.

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