California (CPS ) Child Protective Services Defense
The law office of Powell and Associates is located in San Jose, California. We handle juvenile dependency cases for parents and guardians accused of child abuse by Child Protective Service (CPS) agencies throughout California. We also handle federal civil rights litigation for the frequently unlawful removal of children from their family, and the injuries and deaths that occur more frequently to children in foster care.
In January 2008 the law office of Robert Powell won its appeal to the
California 9th Circuit Court of Appeals. The case finds that CPS social
workers are not
entitled to absolute immunity for investigatory conduct - particularly
when they fabricate evidence, misrepresent evidence, and withhold
exculpatory evidence. This California Appeal is a step in the direction of parental rights in their CPS cases.Click HERE to read the opinion.
Attorney Robert Powell has been representing parents in CPS and Juvenile dependency cases for over 16 years. In addition, the firm handles federal civil rights cases associated with the unlawful removal of children and deprivation of a family’s right to association.
Juvenile dependency cases are complex, emotionally draining, and are more unique than possibly any other area of law. In few other areas of law will anyone find themselves arrayed against a half a dozen or more persons attempting to take their children, and often willing to engage in less than admirable conduct to achieve that result. We do not recommend that anyone attempt to navigate such a significant event in their lives without adequate legal representation, and often court appointed counsel is simply not sufficient.
Indeed, there is nothing more precious than ones children, and the fear of losing ones children is not capable of precise comparison to any other fear. The moment you learn anything about CPS becoming involved with your family, it important that you CALL US. Frequently missteps in the initial moments and days of the case can doom you to the loss of your children.
While we are located in Santa Clara County, San Jose California, our attorneys can represent you in juvenile dependency proceedings throughout the state of California, if the additional travel costs are not prohibitive. We have handled cases in San Benito, Santa Clara, Riverside, San Bernardino, Alameda, Contra Costa, San Francisco, San Mateo, Sacramento and Placer Counties. The majority of our civil rights cases are in the District Courts of the Ninth Judicial Circuit in the Northern District (San Jose or San Francisco), the Eastern District (Sacramento) and the Central District (Los Angeles).
Powell and Associates provides zealous representation of a client's interests by applying three important philosophies; integrity, experience, and determination. We can help you protect your rights, your family, and your sanity.
What we cannot do is guarantee in any fashion that you will prevail. The overwhelming majority of children taken from their parents are not returned at the initial hearing. A 1999-2000 study in the state of Florida concluded that of 2,857 children removed from their families in a 15 month study, a mere 86 were returned to their parents within 24 hours; 98% of the time, the children were not returned within 24 hours. This implies that 98% of the time, the removal of the child was justifiable and warranted; an amazing success rate. Does that seem odd? Odd is probably not the most descriptive word, but will have to do on this publicly accessible website.