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  1. #1

    Default What are Grounds for Being Charged with Failure to Protect a Child

    My question involves child abuse or neglect in the State of: california. my husband was recently arrested for battery on myself and my 17 year old son ( he tried to help me throw him out of the house when he became aggressive) our 2 youngest children were in the back bedroom . my husband was arrested and is currently in jail. the next day i filed for a restraining order. one day later i came home to a card from a social worker on my door. it has now been 5 days since the card was left by cps. i have made many atempts to reach her and left many messages. the only response i got back was from her clerk this morning saying she was going to just stop by again. after doing some research on google as to what to expect all i can gather is that she may want to take my children for failure to protect . could this happen ? what are the grounds for that?

  2. #2
    Join Date
    Mar 2016
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    Default Re: What are Grounds for Being Charged with Failure to Protect a Child

    You don't have to talk to CPS. At all. They can't take your kids without a court order either. I think they usually go and do a check anytime there's domestic violence. I know that after I left my ex husband I had mentioned to her doctor that the day before I left him he had gotten mad and threw what I thought was a chair (it was some remote controlled car). Her doctor called CPS. A social worker and detective showed up at my house when I was about to take my daughter to the hospital for something and they talked to me about it. She glanced around my house. I told her he was gone. She called back a week or so later and asked me questions and then said "I don't see any reason to keep this open" and closed it.

    I'll tell you this I will never let someone take my daughter if there's no court order. You could talk to a lawyer and get some advice.

  3. #3
    Join Date
    Sep 2005
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    Default Re: What are Grounds for Being Charged with Failure to Protect a Child

    Failure to protect typically arises in cases in which a child is injured as a result of abuse or neglect by one parent, where the other parent did nothing to prevent the injury from occurring -- such as by intervening or providing proper care.

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