Voluntary Family Maintenance in San Bernardino County: Should You Agree?

At the end of some San Bernardino County CFS investigations, the social worker offers a middle path: Voluntary Family Maintenance, often called VFM. Instead of filing a petition in juvenile court, CFS proposes that your family work with the agency voluntarily while your children stay home.

How VFM works

Voluntary services are authorized by Welfare and Institutions Code section 301. Your family agrees to a case plan, which may include parenting classes, counseling, drug testing or domestic violence programs. A social worker visits regularly. The program is time limited, typically around six months, with the goal of closing the case once concerns are addressed.

Possible advantages

No petition and no court hearings at 860 East Gilbert Street
Your children stay home
More privacy than a court case
No jurisdictional findings by a judge

Real risks

No judge reviews the plan. If a requirement is unfair, there is no hearing to challenge it.
CFS keeps leverage. If CFS believes you are not cooperating, it can still file a petition, and your VFM history becomes part of the story.
No appointed attorney. Parents are not appointed counsel in a voluntary case.
Findings may remain. The underlying referral may still be closed as substantiated or inconclusive.

Questions to ask before agreeing

What exactly is in the plan, and how long will it last?
What happens if I decline?
How will CFS decide the case is complete?
How will the referral be closed: substantiated, inconclusive or unfounded?

When VFM makes sense

VFM can be a good outcome when the concern is real but manageable and the plan is reasonable. It is a poor fit when the allegations are false or overstated, because agreeing can look like an admission. An attorney can tell the difference and negotiate the terms.

Get advice before you sign

ALL Trial Lawyers advises San Bernardino County families on VFM offers and represents them in CFS investigations and court cases. Call 866-811-4255.

About the author: Mohammad Abuershaid is the founding attorney of ALL Trial Lawyers. He is a top-rated juvenile dependency attorney and has received numerous awards recognizing him as one of the best attorneys in San Bernardino.

This article is general information, not legal advice. Every case depends on its facts.