A recent decision was just announced in L.Z. V. Superior Court, 188 Cal. App. 4th, 1285.
Lesson to be learned for all parents in the State of California. Never stop fighting for your parental rights. In a unanimous decision issued by the Appellate Court, a mother was granted services to reunify with her child just days before a termination of her parental rights was scheduled to occur. Her case turned around for her on the day that the court issued a unanimous decision in her favor. Don’t settle and continue fighting CPS.
The County, CPS, must prove to the court that the parent knew or should have known that their child was being abused when a serious Welfare and Institutions Code 300(e) matter is alleged against them. Without this proof, the County’s petition is worthless. Just alleging serious physical abuse such as broken bones is not enough. There must be proof brought to the court that the parent knew or should have known of the abuse that caused the child’s injuries.
It is imperative that your juvenile lawyer fights aggressively for your rights and for the law in juvenile court. Carin Johnson, from the Law Offices of Johnson & Johnson won the reversal in the First District Court of Appeal. This was a tremendous victory for parent’s rights throughout the state. CPS social workers may no longer just allege serious physical injury and ask for termination of parental rights — without proof that the parent knew or should have known of the injuries.
In some jurisdictions in California, these very serious child abuse cases are being filed more commonly than history has shown. The outcome of these serious allegations is likely a fast track to the termination of parental rights. It is imperative that your attorney has the experience and knowledge to handle these types of cases. Contact The Law Offices of Johnson & Johnson, at www.johnsonjuvenilelawyers.com.