Can CPS take a newborn away if the parent has a pending case with an older child? 3 Answers as of February 06, 2012
My 2 day old son was taken from me in the hospital; I have a case pending with CPS regarding my 4 year old son. I was told by the social worker that no recommendations were made to take my newborn but they took him anyway. Can I get him back and how soon?Free Case Evaluation by a Local Lawyer!
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Law Office of Margaret D. Wilson | Margaret Wilson
In California CPS can take other children away if there is a pending case with one of the parent's children. This is done to ensure the safety of the other children pending the outcome of the case. CPS does not have to make a recommendation for the child to be taken away. The Judge can decide that it is in the best interest of the other children not to be in the parents care. The court should have assigned you an attorney and that attorney would be able to give you a better idea of when you will be able to get your newborn back.
Answer Applies to: California
Replied: 2/6/2012
Diefer Law Group, P.C. | Abel Fernandez
CPS can remove children if you have a pending case with them. How long will depend on your case and the issues involved. I will assume that if the allegations are unfounded you will get your children back. If the allegations are founded you might need to complete your case plan which normally goes for six (6) months. After that, you could get the kids back or your case plan can be extended another 6 months.
Answer Applies to: California
Replied: 2/6/2012
Law Offices of Laurie Peters | Laurie Peters
Yes depending on the situation.
Answer Applies to: California
Replied: 2/6/2012
