If there's a child protection plan for your child (2024)

After a child protection conference, the people who were there will make a plan to protect your child - this is called a ‘child protection plan’.Check who can go to a child protection conference.

You’ll get a copy of the plan from a social worker. If the plan changes later, you should get copies of the changes.

Check what’s in the child protection plan

The child protection plan includes:

  • the reason why your child needs a plan

  • what you should do to make sure your child is protected

  • what will happen if you don’t follow the plan

  • who you can contact for more information

The plan will include any important dates - for example child protection review conferences, to see how things are going. These will take place every 3 to 6 months if social workers think they’re needed.

Ending a child protection plan

The child protection plan ends when one of the following happens:

  • the people who made the plan decide your child is no longer suffering or at risk of significant harm

  • your child moves abroad

If you’re moving to a different local council area

Contact the local council where your new home is. Tell them you're moving into the area and your child has a child protection plan. This will make sure your child still gets the protection they need after you move.

The local council will arrange a child protection conference to decide what happens next.

If the child protection plan isn’t working

If the people who made the plan think it isn’t enough to keep your child safe, your local council might apply to the court for a care order. If they get a care order your child might be taken into care.

You can find out about what will happen if the local council applies for a care order.

If you’re unhappy with the child protection plan

You should talk to a social worker about why you’re unhappy with the child protection plan.

You might be unhappy about a child protection plan because you think:

  • your child doesn't need a plan

  • it shouldn’t cover the things that are in it

  • it doesn’t include services that your family needs

If you’re still unhappy after talking to a social worker, you should get legal advice from a specialist.

If there's a child protection plan for your child (2024)

FAQs

If there's a child protection plan for your child? ›

After a child protection conference, the people who were there will make a plan to protect your child - this is called a 'child protection plan'. Check who can go to a child protection conference. You'll get a copy of the plan from a social worker.

When can CPS remove a child from the home in California? ›

The social worker will take your child from you if he thinks the child is in immediate danger in your care. If the social worker takes your child from your care he can place the child with the other parent (if you are separated), with a relative, or in a foster home.

Can CPS tell you who reported you in California? ›

Who made the report? California law requires that the identity of the reporting person remain confidential.

How long does CPS have to respond to a report in California? ›

How Long Does CPS Have to Investigate in California? Child Protective Services (CPS) in California is required to start an investigation within 10 days for general allegations of abuse or neglect.

What not to say to CPS? ›

Outside of advising your child to tell CPS the truth, it is never appropriate to “coach” your child before a CPS interview. Never ask your child to lie to CPS, phrase something a certain way, or emphasize/de-emphasize certain points. CPS investigators are trained to look for telltale signs of coaching.

What does CPS look for in a home visit in California? ›

Many people wonder, “What does CPS look for in a home visit?” The major factors are making sure the home is a safe place for the child. For example, they look at the quality of the sleeping conditions, how much food is available, and if the child has enough clothing to determine if there's any sign of neglect.

What can and cannot CPS do in California? ›

Although CPS workers may also show up to your house without notice, they cannot legally force their way into your home. They must have your explicit permission before entering. However, if they have a court order or believe that a child is in imminent danger, the CPS workers do not have to abide by this rule.

How to get a CPS case dismissed in California? ›

The judge can dismiss a CPS case if it determines CPS has not provided enough evidence to substantiate the allegations. In such cases, CPS can't continue its investigation unless the family consents.

How long after CPS is called do they show up? ›

When the protective authorities decide that the report may indicate child abuse, they must investigate the suspected abuse within a time period specified by state law, typically within 24 or 48 hours or up to 5 days, depending on the state.

What are the warning signs of child neglect? ›

Signs of child abuse or neglect include: Unexplained injuries, such as bruises. Extreme behaviors, such as excessive crying, truancy or running away. Poor hygiene and unsuitable clothing.

What is not considered abuse? ›

2 Physical discipline, such as spanking or paddling, is not considered abuse as long as it is reasonable and causes no bodily injury to the child. Injuries from physical abuse could range from minor bruises to severe fractures or death.

What is the most severe form of child neglect? ›

Typically, emotional neglect is more difficult to assess than other types of neglect, but is thought to have more severe and long-lasting consequences than physical neglect.

What happens if you ignore CPS California? ›

Ignoring or refusing to cooperate with CPS can lead to serious legal consequences. These may include fines, probation, or in more severe cases, the loss of child custody. Understanding the severity of these legal ramifications is critical for informed decision-making when dealing with CPS.

Can CPS drug test you in California? ›

CPS cannot force you to take a drug test without a warrant. If CPS does not have a warrant, you have the right to refuse the drug test, and CPS will document your refusal.

Can I sue CPS for emotional distress in California? ›

CPS investigations can be traumatic and stressful for both parents and children. However, emotional distress alone does not give you the right to sue CPS. Since CPS social workers are government agents, they cannot act in ways that violate your established civil rights.

How can CPS take your child in California? ›

CPS can remove a child from their home if there is evidence that the child is in danger, even if that danger is not immediate. This is because social workers are supposed to be trained to assess risk and make decisions based on what is in the best interests of the child.

What is considered neglect of a child in California? ›

Under Penal Code 270 PC, child neglect is defined as willfully depriving a minor of necessary food, clothing, shelter, or medical attention. This applies to any parent or legal guardian who fails to provide these basic needs for the minor child in their care.

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