A CPS investigation can go from a knock at the door to a child being removed in a matter of hours. We defend parents across all five Southern California counties, and child welfare defense is the only kind of law we practice. The earlier we're involved, the more we can do.
Before the fear takes over, it helps to understand what you're facing. A CPS case is a process with defined stages, and at almost every one of them, there is something a defense can do.
A "CPS case" is a juvenile dependency matter: a child-welfare agency investigates a report of abuse or neglect and, if it believes a child is at risk, asks a juvenile court to take jurisdiction over the child under Welfare and Institutions Code section 300.
It is not a criminal case. A dependency court decides whether a child is safe and who has custody, using a lower standard of proof than criminal court. A parent can face a dependency case with no criminal charge at all, and the two can run at the same time.
The agency's name depends on your county. Los Angeles calls it DCFS. Orange County calls it SSA. Riverside calls it DPSS. San Bernardino calls it CFS. San Diego calls it HHSA. People say "CPS" out of habit, but the agency, the procedures, and the court that hears your case are specific to where you live. We cover all five.
The goal of most cases is reunification, returning your child home safely. A focused defense works to keep children with their parents wherever possible, challenge weak or inaccurate allegations, hold the agency to its legal burden at every hearing, and protect your rights from the first contact to the last.
Knowing what comes next is how you stop reacting and start preparing. Here is the path nearly every case follows, and where the defense pushes at each stage.
It starts before court. The agency screens a report, visits, interviews the children and you, and contacts doctors and schools. This is the most overlooked phase, and the one where a case can quietly end before a petition is ever filed.
Where cases are often wonIf a child is removed, the first hearing comes fast, generally within about 48 hours of removal (excluding weekends and holidays). The court decides whether your child stays home or is detained while the case proceeds. The most time-sensitive moment in the case.
Within ~48 hoursThe court decides whether the section 300 allegations are true, on a "more likely than not" standard. This is where the petition gets tested, the agency's report and its hearsay get challenged, and witnesses are examined.
The petition is proven, or notIf the court takes jurisdiction, it decides placement and orders a case plan, the services and steps toward reunification. Outcomes range from staying home with services to removal with a reunification plan.
Placement & case planThe court reviews progress roughly every six months. If reunification services end, a selection-and-implementation hearing under section 366.26 sets a permanent plan, the highest-stakes stage, where parental rights can be at risk.
The long gameWhat you do in the first day shapes everything that follows. None of this is legal advice for your specific case, call us for that, but these principles protect almost every parent.
If CPS is at your door, at the hospital, or has already taken your child, the clock is running.
Call (866) 811-4255 nowSocial workers are not required to read you your rights. But you have them, grounded in the U.S. Constitution, and knowing them changes how an investigation unfolds.
The Fourth Amendment generally means CPS cannot enter your home without your consent, a warrant, a court order, or a genuine emergency. You can decline entry and ask whether they have a warrant. Consent to enter is not consent to search everywhere.
The Fifth Amendment protects you from being compelled to incriminate yourself. You do not have to answer a social worker's questions about the allegations, and you can ask to speak with a lawyer first. Declining is not an admission of guilt.
The Fourteenth Amendment recognizes a parent's fundamental liberty interest in the care, custody, and control of their children. The state cannot interfere with that relationship without due process, the hearings, standards, and protections the law requires.
One important exception: in California, a child can generally be interviewed at school without a parent's consent or presence. That's one more reason to get ahead of an investigation quickly, the agency may speak with your child before you even know a case exists.
"CPS" means something different depending on where you are. We defend parents across all five Southern California counties and know the agency and court in each.
The Department of Children and Family Services, the largest child-welfare agency in the country. All LA dependency cases are heard at the Edmund D. Edelman Children's Court in Monterey Park.
The Social Services Agency handles child welfare in Orange County, with dependency matters heard at the Lamoreaux Justice Center in Orange.
The Department of Public Social Services, Children's Services Division, investigates in Riverside County. Appeals go to the Fourth Appellate District, Division Two.
Children and Family Services handles San Bernardino County cases, heard at the San Bernardino Juvenile Dependency Court on East Gilbert Street.
The Health and Human Services Agency, Child Welfare Services, investigates in San Diego County, with dependency matters in the county's juvenile court.
Tell us where you are and what's happened. We'll explain exactly what you're facing.
(866) 811-4255Search "CPS lawyer" in any SoCal county and you'll find firms running it next to DUI, immigration, and personal injury. Juvenile dependency is its own statute, its own court, and its own deadlines, and it's all we do.
Every case in this practice is a child-welfare case. We're not splitting attention between a criminal calendar and a dependency hearing.
When we're brought in early, a substantial share of cases close before a petition is ever filed. Early, strategic intervention is the core of how we protect families.
A 5.0 rating across 106+ reviews, focused on CPS and dependency work, not mixed in with unrelated practice areas.
CPS doesn't keep business hours, and neither do we. A real person answers, in English, Spanish, Arabic, or Armenian, any hour.
Founding Attorney · Abuershaid Law, APC
Mo is a recognized California authority in juvenile dependency and CPS defense. He has personally handled more than 2,000 dependency matters and is certified annually as a juvenile dependency practitioner, authorized to appear in every county in California. When he's involved during the investigation phase, a substantial share of cases close before a petition is ever filed.
My wife and I can't thank Mohammad enough for what he did for our family. He was attentive, always had time for our questions, and kept us updated. Keeping your family together is priceless.
Mo saved our family in a scary time full of questions and fear. He's the attorney you want on your side: professional, dedicated, reliable. We trusted he was the best qualified attorney for us.
I really recommend getting Mo as your lawyer. I had a serious case, called, and he responded quickly. Very knowledgeable and professional. He will have your back 100%.
Reviews reflect the experience of individual clients. Prior results do not guarantee a similar outcome.
Straight answers to the questions we hear every day. For your specific situation, call us, it's free.
Generally no, not without your consent, a warrant, a court order, or a genuine emergency where a child is in immediate danger. You can politely decline entry and ask whether they have a warrant. Never physically obstruct a worker acting under emergency authority; assert your rights calmly instead.
Stay calm and be careful what you volunteer, document every contact, preserve evidence such as photos and records, avoid signing anything you don't understand, and contact a CPS defense attorney as early as possible. Early involvement is when the most can be done.
Only in limited emergency circumstances where a child faces immediate danger. Otherwise, removing a child requires a court order. A social worker cannot make a final custody decision; that authority belongs to a judge.
You have the right to remain silent about the allegations and to consult an attorney before answering. Declining is your right and is not an admission of guilt. Anything you say can be written into the report and used to support a petition.
No. A juvenile dependency case is separate from criminal court and uses a lower standard of proof. A parent can face a dependency petition with no criminal charge at all, and the two cases can proceed at the same time.
The detention hearing is the first court hearing after a child is taken into protective custody, generally held within about 48 hours. The judge decides, under a low standard, whether the child is detained or returned home while the case proceeds, and sets visitation and placement.
Be careful. Most informal safety plans are voluntary and are not court orders, and you can review, negotiate, decline, or revoke them. But signing can become a benchmark you're measured against and may be read as acknowledging a safety concern. Have an attorney review it before you sign.
It varies by county. Los Angeles uses DCFS, Riverside uses DPSS, San Bernardino uses CFS, Orange uses SSA, and San Diego uses HHSA. The function is similar, but the procedures and the local court are specific to each county.
The initial consultation is free and confidential. Call (866) 811-4255 any time, including evenings and weekends, to discuss your situation and options.
Often, yes. Most cases focus on reunification. The path depends on the stage of the case and the orders in place, and a focused defense works to return children home as quickly and safely as possible, including contesting findings and pursuing modifications.
Whether CPS just contacted you, your child has already been removed, or you have a detention hearing coming up, the sooner you talk to us, the more options remain open. The initial consultation is free, confidential, and protected by attorney-client privilege.
We respond within 1 hour during business hours, and within 4 hours overnight.