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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 41220
Experience:  I provide family and divorce law advice to my clients in my firm.
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I have a business serving people with disabilities in

Customer Question

My name is Antonio *** and I have a business serving people with disabilities in California. CPS just put the one year old child of one of my disabled clients in emergency foster home until the courts decide what to do next. The day they took the baby away, my business partner and I had a meeting with CPS, my client, her mother and her aunt. CPS asked the client to name a list of the people she wanted the baby to stay, while the parents complete the judge requirements to get him back. We were told that priority is given to the people on the list, before choosing a person from outside sources. One of the people on the list was my business partner and the others were family members. As it turned out, no one in the list was deemed eligible except my partner. However, today she was told that, even though she qualifies, CPS had decided to give the baby to a different family. Is CPS breaking the law by not respecting the choices of my disabled client, or do they have complete power to override whatever choices the parents make? We explained today to CPS that my company was instrumental in making sure the baby was born healthy. His mother went through a very high risk pregnancy and we made sure she followed and went to every doctor's appointment. After the birth of the baby, we took him to the doctor as many times as it was required. Also, I have personally worked with and known this client for at least 7 years. You would think that this should account for something. Anyways, if they are breaking the law, how do I go about challenging the decision? Can I do so even if they are not breaking the law? How? Thank you for your answer.
Submitted: 4 months ago.
Category: Family Law
Expert:  Dimitry K., Esq. replied 4 months ago.

Thank you for your question, Antonio. Please permit me to assist you this evening.

To answer directly, CPS is NOT violating any laws here. Ultimately CPS makes decisions based on what they deem as being 'in the best interest of the child'. They DO NOT have to honor the wishes of the parent especially if they see that parties are somehow unfit. They have complete power to override if the parent is deemed unfit and unable to make decisions. Now, your partner can file a motion with the courts and with CPS challenging their ruling by seeking a civil review, or even a judicial evaluation--essentially she can file for outside guardianship and challenge CPS's position. That is very much permitted because while CPS is free to disregard the positions or opinions of the parent, they themselves can likewise be challenged both internally and via the courts.


Dimitry, Esq.

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