Questions Chula Vista parents ask us

Chula Vista is in San Diego County, so child abuse and neglect investigations are handled by the San Diego County Health and Human Services Agency, Child Welfare Services, usually called CWS. When people here say "CPS," they're almost always talking about CWS. If a social worker contacted you, that's the agency you're dealing with.

Only in a true emergency. Under Welfare and Institutions Code Section 306, a social worker may remove a child without a court order only when there is immediate danger and no reasonable way to protect the child at home. Otherwise CWS must get a removal order from a juvenile court judge. If your child was taken, you have the right to challenge the removal at the detention hearing.

No. Unless the social worker has a court order or a warrant, or there is a genuine emergency, you are not required to let them in. You can politely decline and say you want to speak with an attorney first. Letting a social worker in without proper authority can weaken your position later.

San Diego County juvenile dependency cases are heard at the San Diego Juvenile Court, 2851 Meadow Lark Drive, San Diego, CA 92123. Detention hearings are typically on the morning calendar. Arrive early and expect security screening.

Under Welfare and Institutions Code Sections 313 and 315, the detention hearing must be held within 48 hours of removal, excluding weekends and court holidays. If CWS misses that deadline, the child must be released. This hearing is your first and best early chance to bring your child home.

Be polite, but say as little as possible. You can confirm basic identifying information, but you are not required to answer detailed questions about your home, your relationships, or the allegations. Everything you say goes into the CWS report and can be used in dependency court. Speak with an attorney first.

No. Poverty and clutter alone are not legal grounds for removal. CWS has to show a real risk of serious harm. That said, conditions CWS considers unsafe can trigger an investigation, so it's important to understand your rights and have an attorney present your situation the right way.

A case plan is the list of steps the court orders so you can reunify with your child, often parenting classes, counseling, or drug testing. Following it and showing steady progress matters. A private attorney can also push back on demands that are unreasonable or unrelated to the allegations and keep the plan realistic for your work and family life.

Generally, yes. California law gives preference to placing a removed child with a suitable relative rather than in foster care. If a grandparent, aunt, uncle, or other family member is willing and able to help, we can work to have them assessed and considered for placement quickly.

Court-appointed attorneys at San Diego Juvenile Court carry very heavy caseloads and often meet clients minutes before the hearing. A dedicated private CPS defense attorney can give your case real attention: challenging the allegations, catching errors in the CWS report, preparing witnesses, and fighting for your children at every hearing. With nearly 40 years in California dependency court, our firm brings that focus from day one.

It's the trial on the petition. County counsel has to prove the allegations by a preponderance of the evidence; if the judge finds them true, the court takes jurisdiction over your child. This is where a prepared attorney can get allegations dismissed or reduced, which changes everything that follows, including what your case plan requires.

For a child under three at removal, generally six months of services, which can be extended; for a child three or older, generally twelve months, with a possible extension to eighteen. The clock runs from the disposition hearing. Progress on the case plan and consistent visits are what the court looks at when deciding whether to extend or end services (Welfare and Institutions Code Section 361.5).

Yes. Visitation orders can be changed at any hearing, and we routinely ask for longer, unmonitored, or overnight visits once a parent has shown progress. CWS usually wants to keep visits monitored for as long as possible; the judge doesn't have to agree.

It's the hearing where the court chooses a permanent plan for a child who was not returned home: adoption, legal guardianship, or long-term foster care. Adoption means parental rights are terminated. If you get notice of a .26 hearing, call immediately; there are specific legal defenses and a short window to file a writ challenging the order that set it.

Yes. Cases are dismissed when the petition isn't proven at jurisdiction, when the court finds the child can safely go home at disposition, or later when the family has completed services and the risk is gone. In San Diego County, many cases that would drag on for a year with an overloaded court-appointed lawyer end months earlier when someone is actually pushing for dismissal.