Common CPS
Defense Questions
Answers to the most common questions families have when facing CPS investigations.
CPS is investigating me. Do I need a lawyer?
Yes. Everything you say to a social worker can be used against you in court. An attorney protects your constitutional rights, advises you on what to disclose, and ensures CPS follows proper procedures.
Can CPS take my children without a court order?
Only in cases of immediate danger. They must hold a detention hearing within 48 hours. That hearing is often your best opportunity to get your child back quickly.
Do I have to let CPS into my home?
You have Fourth Amendment rights against unreasonable searches. In most cases, you are not required to allow entry without a court order. An attorney advises on the best approach for your specific circumstances.
What is a case plan?
A court-ordered set of services you must complete to reunify with your child — parenting classes, therapy, substance abuse treatment, etc. Case plans must be reasonable. We fight to ensure yours is fair.
How long do I have to reunify with my child?
Typically 6 months for children under 3, and up to 12–18 months for older children. If you don’t complete your case plan in time, the court may move to permanency planning, including adoption.
Can a grandparent or relative get custody?
Yes. California law gives preference to relatives for placement. We represent grandparents, aunts, uncles, and other relatives throughout this process.
What happens at a .26 hearing?
A permanency planning hearing where the court considers adoption, guardianship, or long-term foster care. This is the most consequential hearing in a dependency case.
What counties do you serve?
Sacramento County, Placer County, El Dorado County, and Amador County. Our office in Folsom is centrally positioned to serve the greater Sacramento region.
CPS just contacted me. What should I do right now?
Do not panic, but do not ignore it. Do not speak to the social worker without counsel. Do not sign anything. Call us at (916) 782-3900 for immediate guidance.
Every case is unique
Contact us for answers specific to your situation.
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