Health & Fitness
DV history is enough for CPS to remove your children
DV victims also face the risk of losing their children to the state if no immediate action is taken to protect them.
Under California Welfare & Institution Code section 300(b) it is possible for Child Protective Services to remove children from the parent who is a victim of domestic violence, if they are exposed to domestic violence in the household, although they are not themselves abused, In re R.C., 210 Cal.App.4th 930 .
In the R.C. case, dad was continually abusing the mother of their three children. The abuse consisted of physical violence, threats of kidnapping and threats to kill the mother. Although the minors were not themselves abused, one of the children, R.C. witnessed the father abusing the mother at least in two occasions.
Mom finally took a stand and obtained a three year restraining order against the father. CPS learned of the incident and removed the three minors under 300 (b). The father appealed the removal stating the restraining order is now protecting the children and the mother from having contact with him, however the court affirmed the decision.
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Briefly, Welfare & Institutions code 300(b) permits the start of a dependency case if the minor has sustained injury or there is a substantial risk the child will suffer injury or illness due to the parent’s negligence in providing adequate protection and care for a child. Acts of domestic violence can serve as substantial evidence for a 300(b) petition.
The children were removed because it was shown that at the time of the assaults the children were present and witnessed the violent acts and the risk of them getting physically hurt was present and the level of neglect was high. The mother did not take action until some time later and practically allowed the children to live in an abusive environment.
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What this case means for survivors of violence, is that it is best to take immediate action in protecting yourself and your children. Abuse is very traumatic to a child and allowing it to continue only raises the risk of the state getting involved.
If you are are a victim of violence or know of someone who needs help, please contact me. I have experience in this area of law and as a certified rape crisis counselor, I understand the trauma victims and their families go through. I can be reached at 510 470-1219 or visit my site at www.munaycolaw.com
