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The Best Interest Of Childern Comes First (925) 935- 2021


Why Did CPS
take my Child away?



The law says that children, under the age of 18, may be removed from their home if one or more of the following conditions exists:

  • A parent or guardian of the child, fails to provide proper care or supervision
  • A child is not given proper hygiene, food, shelter or clothing
  • A parent is unable or unwilling to protect their child
  • A child is physically dangerous to others and the parent is not able to control the child's behavior
  • A child's is being neglected, cruelty or physical or sexual abuse by a parent, guardian or someone else in that home


The law allows a police officer to take temporary custody of any
child that is suffering under any of the above referenced conditions. In most cases, the law cannot tell you who called about your child. Usually after a complaint has been made, the police will decide if the child can:

  • Be released to the parent or guardian with no further actions
  • Be released to the parent or guardian with a request that the Children & Family Services Bureau, with the Juvenile Court?s authority, make a number of visits to your home in order to check on the safety of your child
  • The child be placed in a Children & Family Services foster home


The law requires all children to have a permanent home
. This means that the Social Workers will do everything they can to help you get your child back. Social Services will also be making alternative plans if you are unable to have your child returned to your care. Alternative plans may include:

  • long term foster care
  • relative placement
  • guardianship and/or adoption (where your child can be permanently raised)


These alternative plans are called Concurrent Planning.
Usually, your child is placed in a foster home waiting for a judge to decide what should happen next. The law cannot tell you the location of the home, at this time.







Fishel & Fishel, Attorneys at Law cover all aspects of issues concerning Child Protective Services, Custody, Adoption, Foster Care, and Guardianships. This Law firm serves the Contra Costa County including the Northern California East Bay communities of Alameda, Albany, Antioch, Benicia, Berkeley, Brentwood, Byron, Castro valley, Claremont, Concord, Danville, Dublin, El Cerrito, El Sobrante, Emeryville, Fairfield, Fremont, Hayward, Hercules, Lafayette, Livermore, Martinez, Montclair, Moraga, Oakland, Oakley, Orinda, Piedmont, Pinole, Pittsburg, Pleasant Hill, Pleasanton, Point Richmond, San Leandro, San Pablo, San Ramon, Union City, Vacaville, Vallejo, Walnut Creek. We have over 18 years experience in the practice of Family Law covering Child Custody, Juvenile Law, Divorce, Dissolution, Personal Injury, Criminal Defense.

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