Child Services Agencies Have to Follow Up After Child Removal Proceedings
In a significant ruling that highlights the importance of proper procedure in child welfare cases, a California appellate court recently reversed a juvenile court’s decision to remove two minors from their father’s custody. This case gives insights into the legal standards required for child removal and the crucial role of reasonable efforts by child welfare agencies.
Background of the Case
In August 2023, the San Francisco Human Services Agency filed a petition concerning two minors H.B. and D.B., ages 15 and 12. The Agency’s petition alleged that the minors were at substantial risk of physical and emotional harm, and their parents had failed to protect them. The petition further alleges that the Father had provided H.B. with various substances including Xanax, psilocybin mushrooms, and marijuana, and the Father struggled with his own substance abuse issues.
Based on these allegations, the juvenile court made the decision to remove the children from their father’s custody. The father subsequently appealed this decision, challenging both the legal standard applied by the court, and the sufficiency of evidence supporting the removal.
Appellate Court Reversal
The appellate court reversed the juvenile court’s decision. The appellate court’s reversal hinged on a crucial legal requirement under California Welfare & Institutions Code Section 361(e). This statute mandates that before removing children from parental custody, the court must find that reasonable efforts were made to prevent or eliminate the need for removal.
The court identified several failures by the Agency, including an inadequate follow-up on the father’s recovery. While the Agency requested information about the father’s recovery, they failed to take meaningful steps to follow up on the information provided. This resulted in the Agency being misinformed about the father’s progress toward sobriety and his long-term plans for maintaining sobriety.
Additionally, the court cited the Agency’s lack of monitoring parental improvement. Specifically, the Agency failed to adequately track the father’s progress in parenting abilities, participation in therapy, and engagement in counseling. The court found no substantial evidence that the Agency made the required reasonable efforts to prevent the need for removal, explore alternatives to removal, or work with the father to address the identified issues.
Based on these findings, the appellate court reversed the disposition order, remanded the case for a new disposition hearing, and required compliance with Section 361. (In re H.B.).
Key Takeaways from This Decision
This case emphasizes several important principles:
- Procedural Requirements Matter: Child welfare agencies must demonstrate they made genuine efforts to prevent removal before taking such a drastic step.
- Documentation is Critical: Agencies need to maintain clear records of:
- Their efforts to work with parents
- Follow-up on provided information
- Monitoring of parental progress
- Active Engagement Required: Simply requesting information isn’t enough; agencies must actively engage with parents and monitor their progress.
- Legal Standard Must Be Met: Even in cases with serious allegations, the legal requirement for reasonable efforts cannot be bypassed.
How An Attorney Can Help
When facing potential child removal proceedings, having skilled legal representation can make a crucial difference in protecting parental rights. Here’s how an attorney can help parents in dependency cases. First, they can review allegations and evidence before court hearings and ensure proper procedures are being followed from the start.
Attorneys can also monitor agency compliance with reasonable effort requirements, document instances where agencies fail to follow up or provide services, and challenge insufficient evidence or procedural failures.
Finally, an experienced attorney can develop a clear plan for addressing the agency’s concerns, create documentation systems to track progress and prepare parents for court appearances and testimony
Contact Wallin & Klarich Today
If you are facing child removal proceedings, you need to contact our aggressive attorneys at Wallin & Klarich immediately. With 40+ years of experience, our attorneys at Wallin & Klarich have helped many clients get the best result in their case. We know the most effective strategies to argue on your behalf, and we will do everything in our power to help you achieve the best possible result in your case.
Wallin & Klarich has offices throughout Southern California including Irvine, Pasadena, Riverside, San Bernardino, San Diego, Torrance, Victorville, and Anaheim. Also, our law firm can handle many types of criminal cases statewide. Discover how our team can assist you. Contact us today, toll-free at (877) 466-5245 for a free phone consultation with a skilled defense attorney near you.
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