February 5, 2010 By Paul Wallin

If a social worker decides to remove a child from a home, they must show the court that the child falls within the court’s jurisdiction to make orders on behalf of the child’s release or detention. The social worker must also show the following pursuant to Welfare and Institutions Code Section 319 and California Rules of Court 5.676, 5.678:

  1. Continuance in the parent’s custody is contrary to the child’s welfare; and any of the following:
    • There is substantial danger to the child’s physical health or emotional health and no other means to protect the child then with removal from the home;
    • There is substantial evidence that the parent is likely to flee with the child;
    • The child left a previous court-ordered placement;
    • The child is unwilling to return to the home and had been physically or sexually abused by someone living in the home.

If your child or children are removed from your home by Social Services, do not hesitate to contact our experienced Southern California dependency attorneys at Wallin & Klarich as they can help you immediately through the complex legal process in dependency courts. Our San Bernardino dependency attorneys have many years of experience and will work towards the best possible outcome of your representation. Call us at 1-888-749-7428.

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