Assisting Law Enforcement in Understanding the Status of CPS Children
The purpose of this information is to assist Law Enforcement in understanding the legal status of children when they are under the purview of CPS, who maintains custody of dependent children, and how to respond when a dependent child has been abducted.
A child can be taken into Temporary Protective Custody, by either Law Enforcement or a CPS social worker. Exigent Circumstances are conditions that justify law enforcement or a CPS social worker placing a child into protective custody, based on a reasonable cause to believe the child has an immediate need for medical care or that a child is at imminent risk of serious bodily harm (including physical injury and sexual abuse) and there is not time to obtain a protective custody order. Once the child is removed, they are placed out of home of the parent(s)/guardian from whom the child was removed. Within seventy-two hours (72) judicial hours from the date of removal, a Detention hearing will take place.
Once the child has been taken into Temporary Protective Custody, the parent(s)/guardian does not have the legal right to remove the child from the placement without CPS’ knowledge and approval AND after the Detention hearing, without the Dependency Court’s knowledge and approval.
A Dependent Child is a child whose care, custody and control has been removed from the parent(s) and/or guardian due to sustained allegations of abuse and/or neglect, and the child has been placed under the care and supervision of CPS by the Dependency Court. CPS will formally place a child with a relative caretaker, non-related extended family member caretaker, resource family home, Short Term Residential Treatment Program (STRTP) or possibly a hospital setting depending on the needs of the child.
The change in custody from the parent(s) or guardian to CPS agency occurs when the Dependency Court makes the following findings:
- Pursuant to Welfare and Institutions Code (WIC) 391, substantial danger exists to the physical and/or emotional health of the child and there is no reasonable means to protect the child without removal.
- A Prima Facie case for detaining the child and demonstrating the child is a person described by WIC 300, subdivisions A-J is established.
- Temporary custody and placement is vested with the CPS agency, pending disposition or further orders of the Court.
At this point, the child is in the legal custody of the Dependency Court under the supervision of CPS. Any act or concealment of the child, by either the parent or legal guardian from CPS or the Dependency Court is considered an abduction of that child, Penal Code (PC) 277(k) defines abduction as the unlawful taking, enticing away, keeping, withholding, or concealing of the child.
In addition to the placement outside the home of the parent(s)/legal guardian, the child can be placed, by the Dependency Court, back into the home of the parent(s) or legal guardian, under the continued supervision of the Dependency Court and CPS. This is only a placement, and the parent(s) or legal guardian does not have the right to withhold or conceal the child from either the Court or CPS. When a child is placed with a parent under the his occurs, the Dependency Court makes the following finding:
- The child is continued as a Dependency Child of the Juvenile Court.
- The child is placed with (parent(s), mother, father, legal guardian) under the supervision of CPS.
Therefore, if a parent or legal guardian takes their child when a home of a parent or legal guardian is in effect is still considered to have abducted the child, as ALL dependent children remain under the legal custody of the Dependency Court. The child must be made available to CPS so that their safety and well-being can be monitored. If a parent abducts the child, CPS is unable to supervise the child and ensure the protection and safety of that child. Remember CPS is involved in the family’s life for specific reasons related to abuse and neglect that impacted the child’s safety.
When a child is abducted under any of the above-mentioned circumstances, the social worker will request Missing Person’s Report and Child Abduction Report (PC 278) be filed. These reports are necessary and will assist the District Attorney’s Office in pursuing and locating the abducted child and will also facilitate the recovery of abducted children from other states.
The local CPS agency always appreciates the assistance and cooperation of Law Enforcement in responding to requests of the social worker in filing both the Missing Persons and Child Abduction Report
