Has Child Protective Services substantiated a finding of abuse or neglect against you? You generally have the right to request a grievance hearing to challenge the finding. You typically must submit this written request within 30 days of the CPS decision.
Appealing a Substantiated Finding
When CPS investigates a report of abuse/neglect, it determines the report substantiated or unsubstantiated. Reports are generally connected to the following conduct:
- Physical abuse or causing any injury beyond ordinary discipline
- Failure to provide adequate food and shelter
- Leaving a young child unsupervised or with an inappropriate caregiver
- Exposing a child to domestic violence in the home
- Substance abuse by a parent or caregiver
- Emotional abuse
- Educational neglect
- Abandonment
- Sexual abuse or exploitation of a child
Substantiated means the agency believes abuse or neglect occurred and may lead CPS to submit the finding to the Child Abuse Central Index (CACI), a statewide database maintained by the California Department of Justice. A substantiated finding can significantly affect a parent’s employment and custody status.
To challenge a CACI listing, you generally must submit a written grievance request to the county agency that made the finding. The county will review your request and may choose to resolve the matter internally without a full hearing. If not, the matter proceeds to a formal grievance hearing.
The Grievance Hearing Process
The hearing functions much like a traditional court hearing. The county agency will present the evidence behind its findings against you. Likewise, you will present evidence supporting your position that the finding is incorrect. The agency is also allowed to present rebuttal evidence in response to your evidence.
Under the law, you have the right to an attorney or another advocate during the hearing. You’re also entitled to examine the records and evidence in the original investigation before the hearing.
A hearing officer or director typically issues a written decision within a set period after the hearing closes. The decision will summarize the facts, the issues involved, and the basis for the officer’s decision.
Appealing a Juvenile Dependency Court Decision
If your case proceeded to juvenile dependency court, there is a different appeals process. In these cases, a judge is responsible for making decisions about custody, removal, or reunification services.
Decisions made by a juvenile court are generally appealed through the California Courts of Appeal, not through the CPS grievance process. Examples of appealable decisions include an order removing a child from the home or terminating parental rights
These appeals have strict filing deadlines and require a formal notice of appeal. An experienced San Diego CPS attorney can help you satisfy these procedural requirements so the appellate court gives your case a full and fair review rather than dismissing it on a technicality.
Contact an Experienced Defense Attorney for Help
Appealing a CPS decision, whether an investigative finding or a court order, involves specific procedures and unforgiving deadlines. An experienced attorney familiar with California’s child welfare system can help you understand which process applies to your situation and act quickly enough to protect your rights. Call George H. Ramos, Jr. & Associates for a confidential consultation to learn more.