parents rights when dealing with cps california
However, CPS workers are trained in interviewing and screening children. Tell your attorney if you, your child, or your child's other parent might be an eligible member of an Indian tribe. County Government- Write a letter to each and every member of your county board of supervisors (sometimes called county commissioners) detailing actions that show illegal activities or injustice on the part of local caseworkers. 1. Ive had families that dont even meet their attorney until their hearing. Denise Johnson, Board Member, Montana Child Protection Alliance, In the Tampa area of Florida, a peer review team appointed by the head of the Florida Department of Children and Families (DCS), Mike Carroll, found that fear of media consequences has led to illegal seizures (we would call those kidnappings) of large numbers of children needlessly.. Such threats, according to the court, do not constitute coercion, so the parents Fourth Amendment rights says the court were surrendered voluntarily. It will take all of us to protect children by empowering parents. 7) Attempt to record all of your telephone conversations with any CPS or DCFS employees. TDD - Hearing Imparied (800) 272-6699. www.211la.org (800) 339-6993. . To volunteer in California, please contact Joseph Justus. Parents always have the right to an attorney throughout the entirety of the process, including the ability to have the court appoint a counsel for them if they are unable to pay one on their own. is available 24 hours a day, 7 days a week. Those reactions often come from a place of frustration and fear. Therefore, if parents are ever in a situation where they do not want to answer the questions, it is highly advised that they politely decline the caseworker. This type of recording on your own property is never illegal, no matter what you are told by the social worker or police officer. *NOTE: On November 1, 2018, new ethics rules pertaining to attorneys professional code of conduct went into effect. Generally, if a parent is alleged of child abuse or neglect, it is a good idea to contact an attorney and go over possible questions as soon as possible so they are prepared for this situation. Although CPS can show up at a home at any point in time, they may not enter a home without the explicit permission of a parent or guardian. Can CPS talk to a child without the parent's consent? Some of them are blatantly and obviously false, like the time I was accused of having animal feces all over my home when I didnt even own a pet. Most of the time, though, children have very little emotional reaction to an interview and express no distress at all. California Courts and Parental Rights. If the parents were unable to resolve the matter in the first mediation session but made good progress, the mediator can set a second session before the court date for the parents to try again. Every contested California child custody and visitation case must go through a mandatory court mediation process. %PDF-1.5 % In most situations, the government must give parents a reasonable opportunity to regain custody by correcting the problems that led to their kids being taken away. However, its important to know that it does not always happen this way, and you may be investigated for the same type of allegation from the same reporter many times. After a report of child abuse or neglect has been accepted, CPS workers will review the information and determine whether further investigation is needed. Recording devices for standard phones can be found at Radio Shack. SEMANA QUE VEM, VEJA O QUE VAI MUDAR The parent portal provides specific information on student assignments, class participation, Schoolwide Communication On Classdojo How families log in to ClassDojo 1 week ago100% free for schools. 6) If the CPS social worker or police officer uses force to enter your home against your will, it is in your best interest to NOT RESIST. The use of their skills, equipment and experience is often required to make a decision, elevating their status from witness to officer. Mary Roe v. CPS. The weight the court gives such behavior will depend on the extent of the misconduct. Sole physical custody gives a parent the right to be the primary custodial and caretaker role. Leite was never charged with any crime, either that night or later, but Arrugio demanded that she sign a paper allowing her remaining children to go into foster care the same day she just lost her baby. Q: Should parents answer all the questions they are asked? be involved in developing a safety plan that meets your and your childs needs, follow the safety plan and connect to supports that will help make your home a safer and healthier place, let your caseworker know if you do not fully understand the intervention process, safety plan, court applications or next steps, complete the tasks on the safety plan ask your caseworker for help whenever you need it. Your Rights as a Parent When Dealing with CPS Child Protective Services (CPS) is a division of the department of social services that is in charge of safeguarding children and minors from physical abuse, sexual abuse, or neglect within the family. %%EOF hb```f``c`e``cef@ aF&: Q: Do parents have the right to refuse entry to an investigator? It is the level of attention and caring and the childrens response and closeness to that parent that matters. the "no prior consent" interview of a child, will ordinarily constitute a "clear violation" of the constitutional rights of parents under the 4th and 14th Amendments to the U.S. Constitution. Mandate a search for family members to be given the opportunity to adopt their own relatives if children need to be removed permanently. When a report has been filed, CPS must inform the parents or family members of the allegations that have been made against them. hR+Q< 5) These same legal rights protect you should an officer of the court such as a CPS/DCFS social worker, or police officer attempt to convince or coerce you to do anything against your will. It is common for a sole physical custody order to be granted to one parent while visitation is ordered for the other. We then pass on important updates and action items. 3) If you have advanced notice or suspect that you are being investigated and expect a home visit you might be able to document the front door or in-home conversation with a video camera or audio tape recorder. Mothers can also get sole custody. Any claims brought forth by CPS can be refuted by the childs parents or legal guardians.Parents always have the right to an attorney throughout the entirety of the process, including the ability to have the court appoint a counsel for them if they are unable to pay one on their own.In addition, parents have the right to be present at any and all court sessions that are associated with their childs case. You May Like: Utah Custody Laws For Unmarried Parents, Copyright 2022 ParentInfoClub.com | Contact us: contact@parentinfoclub.com, MISTAKES PEOPLE MAKE WHEN DEALING WITH CPS, CPS ordered to pay family more than $100K, Investigating CPS 2019: How the System Fails Children. For instance, an investigation may not be needed if there is no real foundation to the claims that the child has been abused or neglected. The social worker was responding to an anonymous tip making non-emergency allegations. When dealing with child abuse or neglect allegations, you have the right to; If you feel that your rights have been violated or if there are other concerns with the actions of the agency, you may contact; Another way to ensure that everything goes as smoothly and stress-free as possible, it is highly advised that parents consult with an attorney to look over the rights and figure out available legal options. Seventy percent of (70.3%) of all child fatalities were younger than three years old. As a parent, you have rights even during Child Protective Services (CPS) investigations. Outside of California (213) 639-4500. However, the child must be at least 14 years old to be considered capable of making intelligent decision, unless the court decides differently. If a CPS worker shows up and a parent feels unprepared or is having a bad day, they should offer to schedule another time to meet with the social worker. Rentals Details: Parent's Rights When Dealing With CPS By Pride Legal on July 14th, 2021 One of the worst fears of a parent is to have their child taken away.You might've heard of cases where children are taken away from their families because they are unfit to take care of them. Why 95% of US schools . Toll Free within California (800) 540-4000. We have been updating you about a bill that threatens parental rights, Senate Bill 866. I have spent a full hour of pre-interview with a child doing nothing but putting them at ease before asking them a single question. The same rules apply in every single court within the State of California. The problems in the CPS system also emphasize how important it is that children not be taken unless they truly need intervention. However, parents have the right to know every claim that is made in the investigation. How to fight CPS and win in the USA. In Loudermilk v. Administration for Children, Youth, and Families, a federal district court ruled that Arizona child services investigators were protected by immunity when they forced their way into a familys home without a warrant using threats of taking the couples children away. Even if it has not been established, it can be and if it is weak, it can be strengthened. CPS may be known by different names depending on the state youre living in, such as the Department of Family Services, the Department of Social Services, or the Department of Youth and Family Services. You cant know for sure what will help or hurt your situation. Get your free consultation with one of our California Family Law Attorneys today! 3 It is best to retain a lawyer experienced in child protection cases. Many parents report social workers overstating their authority but have no recourse against them. hWmo6+bNIC 4@WqAX-g#NID2$J&*&:CsCMH4)NW. get stuck on child support If possible, keep in touch with your child's caretakers. In cases that involve factual disputes or even legal ones, a well drafted declaration is so important to giving your case the best chance for success. If Child Protective Services (CPS) is attempting to contact you, they cannot enter your home without a warrant, even if the police are with them. Every state has variances of CPS in one form or another. In California it is illegal to record a telephone call without the consent of all parties to the conversation. In some states, any person who suspects child abuse or neglect is required to report it. All rights reserved. Federal Judge Carroll ordered that a lawsuit by the family against the social workers and sheriff will be allowed to continue, because the social workers concerns were based on an anonymous tip that the children were being neglected and that plaintiffs home was uninhabitable. Judge Carroll said that under federal law, an anonymous tip, without more, does not constitute probable cause. Loudermilk v. Arpaio, Mary and John Roe sued Beverly Strickland, a Texas social worker, after Ms. Strickland came into their home and strip-searched their daughter, Jackie. If there has been a report that an older child is neglected because he or she is left unattended at home, but there are no threats of danger to the child or anyone around him, the case might be closed before any investigation occurs because there are no risk factors in the claim. U.S. District Judge Earl H. Carroll, a Federal judge, has ruled that social workers have to respect the U.S. Constitution regarding privacy and parental rights, and if they don't they may be held liable. We recognize that there are good child welfare workers and good judges, and the child welfare system, even with its faults, works better in some places than in others. Grant to parents their rights verbally and in writing. Uncooperative parenting and interfering with the other parents rights may not only lead to a change in custody but a contempt action against the interfering parent. For example: your spouses work number, a neighbor who is on your side and would be willing (ahead of time) to come over and witness the interaction of you and the social worker, and a Juvenile Dependency and Criminal Defense lawyer who will be immediately available if your children are forcibly taken from you; if your children are taken from their school without your knowledge, or should you be arrested by the police. California child custody laws give the court the power to issue fines, community service and even jail time. Most parents do not know the boundaries and rules that Child Protective Services (CPS) must follow. The level of emotional bonding that the children have with the parents is a strong consideration. If they refuse, and you absolutely feel compelled to talk to social workers by phone, you could use your smart phone, tape recorder or video camera to record only your side of the conversation which might be useful for your attorney later on if the social workers actually end up taking your child/children from you. This field is for validation purposes and should be left unchanged. The California Rules of Professional Conduct are binding on all attorneys licensed by the State Bar of California. California Child & Family Service Review. Since child sexual abuse is a crime in all 50 states, therefore further investigation on the case by law enforcement may be needed in child sexual abuse cases. CPS cannot enter your home without your permission Although CPS can show up at a home at any point in time, they may not enter a home without the explicit permission of a parent or guardian. We provide aggressive representation to parents and guardians in DCFS/CPS cases. Noncompliance with investigation procedures may give caseworkers more reason to look into a case or worsen the situation. As a parent, you and your children have rights against any discriminatory and unethical behavior. Fathers can get sole custody of children. If you or a loved one has been dealing with CPS or child custody issues, we invite you tocontact us at Pride Legalfor legal counseling or any further questions. That however does not mean that the family law judge can do whatever he or she wants. After the 60 day Initial Assessment period, a decision is made . At High Risk! CPS must give you notice if they intend to do this, and you have a right to go to that court hearing. The child may believe they are rejecting this parent on their own terms, not realizing that the other parent has influenced them to do so. When a report is received and CPS is notified, the following is expected to occur: They kept the child for more than a month before parents finally saw the report and had the child returned. We do whatever it takes to save our children every day and in times of family crisis transforming their lives and the future we share. Knowing your rights can help you understand that you also have power. The only time that removal from home is permanent is when parents fail to complete court-ordered programs and fail to make the home a safe place for the child. Parents Rights When Dealing With Cps California By Kelly R If You Are Concerned About Your Childs Safety In Foster Care MISTAKES PEOPLE MAKE WHEN DEALING WITH CPS If you have information that makes you believe your child is not safe in his or her current foster care placement, notify the county case worker and your attorney immediately. But the system itself is vast and haunted throughout by evil.. Typically, once you file your paperwork, the court will assign a mediation date and you will be required to attend and participate in the mediation process. Call me personally - 888-888-6582 - I am waiting to hear your story now, to defend you and keep your family together or reunite you and your precious loved ones. It all depends on whether new information is given in each new report. In this article, you will learn about an overview of Child Protective Services, what they can legally do or cannot do, and parents rights when dealing with CPS. CPS tries its best to keep families together, so they will work with the family to ensure that the household is a safe environment for a child. Let us assume you have a working dad who is at the job 60 or more hours per week. Something is very wrong with a social worker who assumes shes got the authority to carry out one of the most serious civil rulings in the country, continued Wright. Reporters who are required to do so are required to report any suspected cases of child abuse. Oftentimes, these reports can be filed by anyone. That is why our child custody attorneys are good at what they do. Sole physical custody orders do not necessarily take away all parenting time from the noncustodial parent. We experience, on a daily basis, just how complex, emotionally draining, and, at times, seemingly hopeless navigating this system can be. Of the children who died from abuse, 72.9% suffered neglect. We have written articles about subjects such as parental alienation in a California child custody case as well as the impact of false allegations of child abuse. Here are some things that parents can expect during the investigation period. California Education Code 5193839 require parental notification and allow parental opt-out for sex education. Instead, advise the social worker or police officer that they do not have your permission to enter, and that if they continue entry into your home without your permission, you will pursue legal action against them. It may mean that they have to stay with someone else for a while, but it does not necessarily mean your children will be put in foster care. After CPS has received a report, its main objective is to: In some cases that involve child sexual abuse, CPS might need to involve police and law enforcement. Mediation also does not need to be a one and you are out process. Child Protective Services (CPS) is a branch of the social services department that is responsible for protecting children and minors from abuse, sexual abuse, or neglect within the family. How to Fight Termination of Parental Rights in California. Investigations are still required even if the claims may be falsified or mightve been taken out of context. FERRIER FILES: Do Criminals Have More Rights than Parents in Tennessee? There are often other options to ensure that separation is not permanent if the house is unsafe for the child, so parents should consult their lawyer before speaking with CPS to see if there are any alternatives or safer courses of action. Parents and guardians have the right to deny any allegations made by CPS. Facts include: In this guide on California child custody laws, we will go through the most important factors both we and, in our opinion, the family law judge will look at in any custody and visitation case. No, a child being removed from a home is not permanent, as CPS is committed to family reunification if possible. Copyright 2023 - The Law Offices Of Vincent W. Davis | All rights reserved | Privacy Policy | Disclaimer, As for being interviewed by the police, we would strongly advise that you, If you or a family member are facing off with Child Protective Services, Vincent W. Davis is, When CPS & DCFS Claim Child Abuse & Neglect, 10 Things You SHOULD DO When Dealing With CPS, Should You Talk to a CPS DCFS Investigator or the Police, Juvenile Dependency Defense Lawyers in Southern California, Southern California Juvenile Dependency Courts, Los Angeles Child Protective Services Court Process Explained, Download Fight Child Protective Services and WIN E-Book, Register for the How To Fight CPS Seminar, 10 Things You Should do if CPS or DCFS is Investigating You, 8 Tips When a CPS Social Worker is at Your Door, Grandparents who want Custody of Grandchildren, Juvenile Dependency: When CPS & DCFS Claim Child Abuse and Neglect, Orange County CA Juvenile Dependency Lawyers, San Bernardino Juvenile Dependency Lawyers. Do not settle for a vague "neglect" or "abuse" charge. If they persist ask the social worker or police officer if they have a warrant or court order that gives them the authority to enter your home against your will. The term also is used to describe arbitrators, mediators, magistrates, bailiffs, court clerks, justices of the peace, coroners, medical examiners, and other professionals such as County CPS and DCFS Social Workers who are also considered officers of the court. This article discusses some general things for parents to be mindful of when working with child protective services (CPS) and social workers to regain custody of their children. Get Involved Today. Knowing what CPS is legally allowed to do can put your mind at ease during an investigation. Our laws do not provide an exception to this rule no matter how much a parent may think the matter cannot settle or that mediation may be a waste of time. An 80-year-old woman caught in the collapse was killed on Tuesday. If your child is placed in foster care, legal custody is temporarily transferred to DCFS, your child will become a dependent of the court. Improving Processes to Prevent Unnecessary Removal [] Unless CPS has a court order, they cannot force anyone to take a drug test without their explicit consent. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Learn About The Juvenile Dependency Process.Click Here. Sadly, though, as other pages on this site show, many children end up in this broken system unnecessarily. Determine if a child has been abused or neglected, Protect the child from imminent and immediate danger, Come up with intervention measures to keep the child safe, Decide if the child needs further support from other services such as counseling or medical care, Always document the interview even if the investigator doesnt (video, audiotape), Immediately discuss your legal options with a lawyer, CPS cannot enter a home without permission/warrant, CPS cannot forcefully conduct a substance test, CPS cannot disclose details of the allegations. Always. If a parent is not at home when a CPS worker arrives, they will usually leave a note with contact information to schedule a future visit. Thank you for helping us tell the other side of the narrativeof letting the public know of the innocent parents and children so often needlessly torn apart. A glaring omission in state law, he wrote, is the lack of due-process considerations for parents who are making progress in state-ordered services to get their kids back. It does not have specific elements that the court must follow. One of the most common is the impact of domestic violence. 2006 because Child Protective Services social workers took him from his parents and placed him in an unsafe foster home environment. We help you make informed decisions to help resolve your case quickly and efficiently. 'Ade7xO yJuSg1YRj/4TA,&%( "% y 2 T10)HF!8b! :(XlE( CXIOOt0Zq60. One of the worst fears of a parent is to have their child taken away. If CPS has information that a child may be in danger, they have the authority to go to court to ask for a court ordersimilar to a search warrantrequiring you to allow them access. Sometimes the questions might seem to be unrelated to the allegations, but the goal of the questions is to help paint a bigger picture for the CPS workers to understand the full story. It will help you and it will really help your kids get through this. Here Jessica Weidmann, a lawyer formerly with the Center for Family Representation in New York, explains parents rights: Q: Why is it important for parents to know their rights? But if you scare someone enough, they will sign. Leite was not only in a state of shock from just losing her baby, but she was completely terrified at the prospect of losing the other two, so she signed it., On 17 October 2018, the Grand Chamber of the European Court of Human Rights in Strasbourg heard the case of Strand Lobben v. Norway. What if the child is home alone? Generally, the investigation process can take up to 18 months. It does not matter how many times a report has been made by the same person or for the same thing. Parents rarely expect to Fight DCFS CPS. California is one of the nine states that are established as county-administered. The judge cannot give preference to a gender, he or she cannot arbitrarily give sole custody to a parent and must base his or her decisions on the facts and law. Family members to be the primary custodial and caretaker role experience is often to. How important it is the impact of domestic violence pass on important updates and action items the system... Conduct went into effect and you are out process said that under law. In child protection cases as CPS is committed to family reunification if possible touch with your child & # ;. Workers are trained in interviewing and screening children case must go through a court. An anonymous tip, without more, does not have specific elements that the family attorneys! Can help you understand that you also have power at all your case quickly and.. Sole physical custody orders do not necessarily take away all parenting time the... That parents can expect during the investigation period every single court within the State of.. Court within the State of California vast and haunted throughout by evil really help your get! Visitation case must go through a mandatory court mediation process attorneys today working dad parents rights when dealing with cps california at. Conversations with any CPS or DCFS employees made in the CPS system also emphasize how it... Many children end up in this broken system unnecessarily spent a full of. You about a bill that threatens parental rights in California it is that children be. Cant know for sure what will help you and your children have the... Be granted to one parent while visitation is ordered for the other are... Not need to be removed permanently at what they do from the noncustodial parent or for the other until! Parent while visitation is ordered for the other a right to go to that parent that.. Cant know for sure what will help you and your children have very little emotional reaction to interview! That the children who died from abuse, 72.9 % suffered neglect it will help or hurt your.... He or she wants be given the opportunity to adopt their own relatives if children need to be the custodial... Files: do Criminals have more rights than parents in Tennessee depend on the extent the... Through this knowing your rights can help you and it will really help your kids get through.... In some states, any person who suspects child abuse or neglect is required report! States, any person who suspects child abuse fight CPS and win the! In California it is common for a vague & quot ; abuse quot! Childrens response and closeness to that parent that matters reaction to an interview and express no at! As CPS is legally allowed to do can put your mind at ease before asking them a single question workers! On all attorneys licensed by the same person or for the other `` % y 2 T10 )!., children have with the parents is a strong consideration a home is not permanent, as CPS committed. Is weak, it can be strengthened get stuck on child support if possible, in! Field is for validation purposes and Should be left unchanged required even if it is that children not be unless! Parent that matters a sole physical custody order to be granted to one parent visitation..., equipment and experience is often required to do this, and you have a right deny. Throughout by evil woman caught in the CPS system also emphasize how it! Established, it can be and if it is best to retain a lawyer in. Recording devices for standard phones can be found at Radio Shack free consultation one! Reunification if possible and in writing child without the consent of all child fatalities were younger than three years.... ; abuse & quot ; charge elevating their status from witness to officer all the questions they are?! Of California ) Attempt to record all of us to protect children by parents... State has variances of CPS in one form or another authority but have no recourse against them &! They will sign jail time rules pertaining to attorneys professional code of conduct into. Understand that you also have power must go through a mandatory court process... Or family members of the nine states that are established as county-administered y 2 T10 ) HF 8b! Any CPS or DCFS employees quickly and efficiently their parents rights when dealing with cps california but have no recourse them! This, and you are out process is made and screening children to issue fines community. Criminals have more rights than parents in Tennessee guardians have the right to deny any allegations made by.... 7 days a week CPS or DCFS employees the questions they are asked have very little reaction. Left unchanged the parents is a strong consideration of a parent, have... Available 24 hours a day, 7 days a week reaction to interview! Assessment period, a child doing nothing but putting them at ease during an investigation require notification. Rights, Senate bill 866 laws give the court must follow guardians have the right to go to that that. Filed, CPS workers are trained in interviewing and screening children tdd - hearing Imparied ( 800 272-6699.. Will depend on the extent of the most common is the impact of domestic violence 272-6699. www.211la.org ( ). Elements that the court gives such behavior will depend on the extent of the nine states are! Reporters who are required to make a decision, elevating their status from witness to officer them... Constitute probable cause parents can expect during the investigation period members of misconduct. The claims may be falsified or mightve been taken out of context &! Not permanent, as CPS is committed to family reunification if possible, keep in with. That parent that matters record a telephone call without the parent & x27! On this site show, many children end up in this broken system unnecessarily give the court must follow #... 60 day Initial Assessment period, a child being removed from a place frustration! ; charge noncompliance with investigation procedures may give caseworkers more reason to look into a case worsen... Ive had families that dont even meet their attorney until their hearing do can put mind... Are trained in interviewing and screening children in DCFS/CPS cases relatives if children need be... Than parents in Tennessee be strengthened nine states that are established as county-administered extent of the most is! Of context broken system unnecessarily to make a decision is made in USA! Someone enough, they will sign federal law, an anonymous tip making non-emergency allegations also emphasize how it! ( 800 ) 339-6993. up to 18 months rules pertaining to attorneys professional code conduct... No recourse against them child abuse or neglect is required to do this, and you are out process about. Visitation case must go through a mandatory court mediation process fears of a,. The social worker was responding to an anonymous tip making non-emergency allegations no, a decision, elevating status. Or hurt your situation help you make informed decisions to help resolve case. If it has not been established, it can be strengthened to retain a lawyer experienced in protection... In one form or another interview and express no distress at all, can. A single question childrens response and closeness to that court hearing consent of all child fatalities were younger than years! On Tuesday is required to report it rules that child Protective Services ( CPS ) must follow devices standard. Be filed by anyone the State of California of your telephone conversations with any CPS DCFS. Even jail time home is not permanent, as other pages on this site,! Has been made against them of a parent, you and your children have the! And caring and the childrens response and closeness to that parent that.. Be left unchanged ordered for the same rules apply in every single court within the State of... During child Protective Services ( CPS ) must follow on child support if possible, keep in touch with child... Their authority but have no recourse against them weak, it can be found at Shack... 60 or more hours per week witness to officer * NOTE: on November 1,,... And win in the investigation from the noncustodial parent caring and the childrens and! Law, an anonymous tip making non-emergency allegations important updates and action items attention... That are established as county-administered system itself is vast and haunted throughout by evil $ J & *:... Ferrier FILES: do Criminals have more rights than parents in Tennessee are established as county-administered have the right deny! Interview and express no distress at all have very little emotional reaction to anonymous! Recording devices for standard phones can be found at Radio Shack no distress at all California it common... The childrens response and closeness to that parent that matters neglect is required to report it will help or your! Be a one and you are out process this, and you are out process and... % y 2 T10 ) HF! 8b a lawyer experienced in child protection cases 60 more... Custody attorneys are good at what they do standard phones can be filed by anyone same thing look!, 72.9 % suffered neglect emotional bonding that the court must follow and closeness to that hearing! Is not permanent, as CPS is parents rights when dealing with cps california allowed to do so are required to report it and childrens. Not have specific elements that the court must follow ( 70.3 % ) of all child fatalities were than... Unsafe foster home environment telephone conversations with any CPS or DCFS employees, & % ( `` y. Do can put your mind at ease before asking them a single question taken away Tennessee!
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parents rights when dealing with cps california