Navigating Your Child Abuse or Neglect Case in California

Navigating Your Child Abuse or Neglect Case in California

Has your child been taken away from you because someone believes he or she has been abused or neglected) if so, this article is for you. If you are the subject of a child abuse case, keep in mind that it’s a serious matter with long-term consequences. 

The outcome of a juvenile dependency case can have a long-term impact on your child’s life as well as your own. As a result, you should read this article in it’s entirety and speak with an attorney from our company to learn more about your legal rights and alternatives.

How do cases start?

In California, child abuse and neglect cases are started when someone reports that their kid’s parents are abusing or neglecting their child. A case can begin when someone suspects that someone other than the parents is abusing the child, neglecting to care for the child’s possessions, or failing to safeguard the child.

Someone can also file a report if they are concerned that a youngster is being harmed or is not being adequately cared for by their parents or someone else. People usually report suspected child abuse or neglect to the police or social workers.

A social worker or police officer is obligated by law to investigate any allegations of child abuse or neglect. If the police are called first, the case is often turned over to a social worker to investigate.

The investigation of a Social Worker

When a case is assigned to a social worker, he or she will investigate the report by speaking with the parents, the child, and the persons who know the parent and family as well as visiting the family’s home.

The social worker may interview the child at their school without the presence of their parents. Many parents wonder “But is it legal?” Social workers are allowed to speak with children at school without a court order as long as no police officers are present. If a social worker speaks to your child at school, however, he or she would have to tell you that they spoke with your child at school. One of the following things will happen once the social worker completes their investigation:

• The social worker won’t take action if he or she did not find any proof of abuse or neglect. 
• The social worker will give you voluntary services, which are free and can assist you in learning more about safe parenting. 
• Your Child will be left in your car by the social worker, but they will petition the court to launch a case to safeguard your child.

Your Child will be taken by the social worker and removed from your care. The worst-case scenario in this situation is that the social worker would file a petition with the court, requesting that the court initiate an investigation into your child’s safety. If the social worker believes your child is in urgent danger while in your care, your child will be removed from your home. If this occurs, the social worker may place your child in the care of someone else, as explained below.

What should I do if my child is taken from me?

You’re probably in a lot of pain right now if your child was taken from your home. Giving the social worker the names and phone numbers of family members you’d feel comfortable with taking your child for the time being is 9ne of the single most crucial things you can do in this situation. Do you have a parent, sibling, grandparent, aunt or uncle who you’d like to look after your child while the investigation is underway? If this is the case, inform the social worker. 

When children are removed from their homes, they have four alternatives for placement: 

• If the parents do not live together, then the other parent
• Another member of the family 
• A foster home or group home, or
• A safe haven 

The majority of parents do not want their children placed with strangers because it can be unpleasant and distressing for both the children and their parents. If you don’t want your child to go to a foster home or a shelter, make sure the social worker on your case knows who your family are.

“Will I be able to see my child after they’ve been taken from my care?” 

If your child is taken away from you, we recommend that you request frequent visits with your child from the social worker. You will be entitled to see your child while you wait for your initial court hearing, which is known in most California courts as a “detention hearing,” provided it is appropriate given the facts of your case.

Even if your child has been removed from your home, you still have rights concerning their education. As a result, we recommend that you remain involved in your child’s educational decisions.  If you fair to answer and participate in school meetings, the court may limit your ability to make educational decisions on your child’s behalf. You also have the right to make healthcare decisions for your child and to attend doctor’s appointments with your child. 

If you’re subject to child abuse or neglect, contact Spodek Law Group to schedule a free consultation.

Based on 362 reviews.

Charle Butler

2021-03-12

Verified

I was hesitant to hire the Spodek Law Group. I read reviews and knew they have a great reputation. However, I thought I would spend money and not see or speak to my attorney. From the beginning to end of my case Todd and the entire staff were available and willing to help. We worked towards and end result that was way above my expectation and Todd delivered. I am forever grateful for patience and long days and night spent working on my case. Thanks Todd and the entire team!

Mesonista parsons

2021-03-05

Verified

My attorney at Spodek was Abigail. She was very knowledgeable and helpful with all my questions and concerns, as well as responsive. Her fees are affordable and Abigail took the time to make sure I understood everything relating to my case. I highly recommend Abigail and will request her services in the future.

debabrata chakraborty

2021-03-03

Verified

Todd A Spodek is the experienced and best criminal lawyer at USA. He is very professional and always respond on time. Alex also very cooperative and always help me. They took care me and my problem like family member. I am 100% satisfied for their professional service. My result was unexpected and amazing. They dismissed my case. I am really grateful to them. I will recommend you to go there if you want to solve your problem. I wish all the best for them.

Asata Hendricks

2021-03-02

Verified

Truly appreciate the work the guys did!. Exceptional team & I know they care about each and everyone of their clients. I am super thankful to be referred to Spodek Law Group and I am grateful Todd & Alex were able to work diligently to achieve an outcome I am pleased with. Despite COVID they stayed on top of things and kept me informed every step of the way. Very thankful.

Mike Moroff

2021-02-26

Verified

I'm very satisfied with the services rendered by Todd, Alex and Mary Lou. I whole heartedly recommend Spodek Law Group . I've worked with and have retained other attorneys in the past with Todd's firm being the cream of the crop for many reasons. A very serious legal matter was resolved after a year's hard work and effort. Todd expertly guided me through the process and was able to navigate and make the good journey bearable as well as successful. Mary Lou initially provided excellent assistance before referring my case to Todd. Alex's support was effective and timely. The customer portal (MyCase) is an invaluable communication tool that also kept track of my case. Various aspects of my case were explained and there were several options provided but I made the final decision of how the case would be handled. The legal fee was reasonable considering the effort and amount of work plus it was a flat fee regardless of the length of time required to conclude my case. Todd made himself available to me and we had many scheduled meetings to go over the progress and to discuss the next steps. I felt more confident after many discussions with him. You will not go wrong choosing Spodek Law Group for legal matters.

Josh Katz

2021-02-24

Verified

Being that it was the first time that I was in need of an attorney, I was afraid and hesitant and knew I needed the absolute best. It is beyond understood why Spodek Law Group has a reputation of being the top, if not the best law firm in New York. Alex and Abigail were there every step of the way even at the most unconvenient hours. I could not have asked for more. They are extremely good at what they do and they delivered much much more than just winning my case. A big thank you to Alex and Abigail for all the guidance and counseling and their upmost loyal support that extended far more than just legally. If you need the absolute best than don't hesitate to hire Spodek Law Firm.

L.C.

2021-02-24

Verified

I cannot tell you how thankful I am to Todd and Alex for their hard work and dedication to my case. I had never been in any trouble before but I had an unfortunate event occur and in the midst of COVID-19 at that therefore I knew I needed a team that was dedicated to my success. Today- my case has been finalized and I’m walking away with no record and can continue life as a mother and a Grad student worry free. I cannot express enough gratitude for their assistance.

AnnMarie Soliman

2021-02-23

Verified

I received a summons and called Spodek law group for a free consultation. Alex took my call and was very quick and responsive. He was available anytime through multiple platforms and very reassuring when needed. They are extremely organized and thorough. They got my case dismissed! I’m very grateful. Thank you Alex and Todd!