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LegalGems
LegalGems, Lawyer
Category: Family Law
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Experience:  Experienced Family Law Attorney
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Can California DHS remove a minor from their home without an

Customer Question

Can California DHS remove a minor from their home without an investigation, and a court order?
Submitted: 11 months ago.
Category: Family Law
Expert:  LegalGems replied 11 months ago.

The child can only be removed if the Emergency Response Social Worker or a police officer determines that the child cannot remain safely at home - then immediate steps are taken to remove and place the child in a safe environment, such as emergency foster care. The child can be placed into protective custody for a maximum of 48 hours. During those 48 hours, a Social Worker will assess whether the child can safely be returned home with supportive services or whether the intervention of the juvenile court is needed.

If the Social Worker determines that the protection of the juvenile court is needed, they must prepare and file a petition with the juvenile court within 48 hours after the child has been removed from the parent or guardian. The petition is a legal document containing evidence that court intervention is necessary for the safety of the child. The court process involves a series of hearings and case reviews.

If there is no imminent concern, then an investigation would be required before seeking a court order for removal of the child.

Please see the attached, specifically page 4 -

http://www.sfhsa.org/asset/ReportsDataResources/FCSHandbookforParents.pdf

A minor cannot be interviewed without their parent's consent, absent a court order to the contrary.

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