Frequently Asked Questions – CPS Defense in San Bernardino County

Q: What Does a CPS Defense Lawyer do in San Bernardino County?

A: A CPS defense lawyer represents parents or guardians facing allegations of child abuse, neglect, or endangerment, and defends their rights during CPS investigations and juvenile dependency proceedings.

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Q: Why Should I Hire a CPS Defense Lawyer in San Bernardino?

A: An experienced CPS defense attorney can help protect your parental rights, challenge false allegations, and fight for family reunification in court.

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Q: What Are my Rights if CPS Contacts Me in San Bernardino County?

A: You have the right to remain silent, the right to an attorney, and the right to refuse entry unless CPS has a warrant or court order.

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Q: Can CPS Take my Child Without a Court Order in San Bernardino?

A: In emergency situations, CPS may remove a child without a warrant, but a court hearing must occur within 48 hours.

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Q: How Long Does a CPS Case Usually Last in San Bernardino County?

A: Most CPS cases range from several weeks to over a year, depending on the severity of allegations and court orders.

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Q: What Is Juvenile Dependency Court in San Bernardino County?

A: This specialized court handles cases involving allegations of abuse, neglect, or danger to a child’s well-being, often initiated by CPS.

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Q: Where Is the Juvenile Dependency Court Located in San Bernardino?

A: Juvenile dependency hearings in San Bernardino County are held at the San Bernardino Juvenile Court, located at 860 East Gilbert Street, San Bernardino, CA.

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Q: What Happens at a Juvenile Dependency Detention Hearing?

A: The judge decides whether the child will remain in CPS custody or return home while the case is ongoing.

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Q: Can I Attend my Child's Juvenile Dependency Hearings?

A: Yes. As a parent or legal guardian, you have the right to attend all hearings and to be represented by an attorney.

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Q: What Is the Role of a Juvenile Dependency Lawyer?

A: They defend parents against CPS allegations, advocate for family reunification, and guide clients through every stage of the court process.

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Q: What Should I Do if a CPS Social Worker Shows up at my Home in San Bernardino?

A: You can ask for identification, decline entry without a warrant, and contact a CPS defense lawyer immediately.

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Q: Do I Have to Speak to a CPS Investigator in San Bernardino County?

A: No. You have the right to remain silent and consult with a lawyer before giving any statements.

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Q: Can CPS Interview my Child Without my Permission?

A: Yes, if CPS believes the child is in danger, but you can request that interviews be recorded and ask for legal counsel.

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Q: How Long Do CPS Investigations Last in San Bernardino?

A: Most investigations last 30 days, but some can extend if the agency seeks court involvement.

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Q: Can CPS Force Me to Take a Drug Test During an Investigation?

A: They cannot force you without a court order, but refusing may raise concerns. Always consult a lawyer before agreeing.

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Q: What Are the Most Common CPS Allegations in San Bernardino County?

A: Allegations often include general neglect, physical abuse, failure to protect, substance abuse, and inadequate supervision.

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Q: Can CPS Remove my Child Because of a Dirty Home or Poverty?

A: No. CPS cannot remove children for poverty alone, but conditions perceived as unsafe may trigger intervention.

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Q: What if my Baby Tested Positive for Drugs at Birth?

A: Positive toxicology can result in CPS involvement under WIC § 300. A CPS defense lawyer can help build a defense and work toward reunification.

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Q: What Should I Do if Accused of Child Neglect or Abuse?

A: Remain calm, avoid speaking to CPS without legal counsel, and contact a juvenile dependency attorney right away.

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Q: How Can a CPS Defense Lawyer Help Prove the Allegations Are False?

A: They investigate CPS’s claims, gather favorable evidence, interview witnesses, and challenge improper procedures in court.

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Q: Can I Get my Child Placed With a Relative During a CPS Case?

A: Yes. The court often prefers relative placements. Your lawyer can advocate for safe family placements early in the process.

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Q: How Does Reunification Work in a CPS Case?

A: Reunification involves court-ordered services, parent education, and progress reviews. If successful, your child can be returned to your care.

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Q: How Can I Regain Custody After CPS Removal?

A: You must complete court-ordered services, attend all hearings, and demonstrate to the judge that the child is safe in your home.

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Q: What Is a Case Plan in Juvenile Dependency Court?

A: A case plan outlines the requirements parents must complete to reunify with their child, such as parenting classes, counseling, or substance abuse treatment.

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Q: How Can I Fight for Custody During a CPS Case?

A: Work with an experienced San Bernardino CPS lawyer to challenge evidence, comply with court orders, and advocate for your parental rights.

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Q: Do I Need a Lawyer for a CPS Case in San Bernardino County?

A: Yes. CPS and DCFS cases are complex and high-stakes. A skilled CPS defense lawyer can make a critical difference in the outcome.

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Q: Can I Change my Court-Appointed Lawyer in a CPS Case?

A: Possibly. If your current attorney is not adequately representing you, you can request a Marsden hearing to seek a new attorney.

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Q: What Is the Difference Between CPS and DCFS in San Bernardino?

A: In San Bernardino, CPS is a division under DCFS (Department of Children and Family Services). The terms are often used interchangeably.

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Q: How Can I Prepare for a Juvenile Dependency Hearing?

A: Gather relevant documents, avoid contact with the alleged victim if advised, follow all court orders, and consult with your attorney beforehand.

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Q: How Do I Contact a top CPS Defense Lawyer in San Bernardino?

A: Call our office at [insert phone number] or schedule a free consultation online to speak directly with Attorney Mohammad Abuershaid today.

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Client Reviews

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Ilyn Gayda

I personally was contacted by Mo in regards to my case and he was very knowledgeable about dependency cases and my specific situation. It was explained to me where I stood and how to move forward. I was given clarity on where I am and what to do next. I truly appreciate Mo being willing to talk...

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If you’re looking for a lawyer go for Mo! You won’t find a more compassionate, professional, and caring lawyer to take care of your case. He has amazing communication skills and would answer whenever I had questions or concerns, giving honest advice and treating you like family.

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I can't express how grateful I am to have had Mo, Janelle, and Cara on my side. Their dedication and expertise stood out, making an incredibly stressful situation manageable. When I first reached out, Mo offered a free consultation and truly took the time to listen to the complexity of my case...

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Mo had originally taken the frantic phone call from my mom late at night and immediately showed grace and compassion when me and my son were in the worst possible situation you could imagine. He referred me over Janelle who was one of the attorneys at his firm and I can’t even put into words how...

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