When CPS Oversteps, Contra Costa County Families Can Fight Back
If a social worker removed your child without a court order and without a true emergency, your family’s constitutional rights may have been violated. The Contra Costa County civil rights attorneys at The Law Offices of Johnson & Johnson have protected Bay Area families for more than 30 years, and we know how to hold social workers accountable when they break the rules. From our Walnut Creek office, we help parents and children pursue justice after an unlawful removal, and your consultation is free and confidential. Wrongful separation leaves real scars, and repairing them takes attorneys who know this area of law. At The Law Offices of Johnson & Johnson, you work directly with an experienced attorney who understands both the county dependency system and the federal courtroom.
Why Contra Costa County Families Trust The Law Offices of Johnson & Johnson
When a county agency steps into your family’s life, you need more than standard legal help. You need a firm that understands both CPS and civil rights and knows how local courts work. Families in Contra Costa County and across the Bay Area turn to The Law Offices of Johnson & Johnson because we bring:
- More than 30 years of experience: We have fought for our clients since 1993.
- Trial-tested advocacy: Our firm has handled more than 2,000 cases and taken over 400 of them to trial.
- Real government and CPS-related experience: Attorney Peter Johnson brings civil rights litigation experience against government agencies and public officials, including cases involving social workers.
- Deep dependency knowledge: Attorney Carin L. Johnson is widely recognized for her work in juvenile dependency law, representing parents in CPS investigations, removals, hearings, and appeals.
- Direct attorney access: You work directly with an experienced attorney, not an assistant or junior staffer.
- Free confidential consultations: You get honest answers before you commit to anything.
Lawsuits and dependency cases involving government agencies are among the most challenging matters in civil litigation, but we do not back down from them. Our role is to stand between your family and the full weight of the government, using the experience above to protect what matters most.
What Can CPS Do and Not Do in California?
Social workers employed by Child Protective Services investigate reports of abuse or neglect. If a social worker believes the allegations are justified, the agency can petition the juvenile court to remove a child from the home. For many parents, the first sign of an investigation is a social worker at the front door.
That authority has firm limits. Before taking a child from the home, a social worker generally needs one of two things:
- A court order or warrant. A judge must review the evidence and authorize the removal before it happens.
- A true emergency. Federal courts have held that officials may remove a child without a warrant only when they have reasonable cause to believe the child is in imminent danger of serious bodily injury and the removal is necessary to prevent that specific harm.
When a social worker skips these steps, the removal can amount to an illegal deprivation of your familial rights. The social worker’s unjust acts, coupled with the injury caused to the family, can give rise to a civil rights lawsuit.
When Does a CPS Removal Violate Your Civil Rights?
Parents and children have a constitutional right to live together without unwarranted government interference. The Fourteenth Amendment protects parents from being separated from their children without due process, and the Fourth Amendment protects children from unreasonable seizure. Federal law allows families to sue state and local officials who violate those rights, and the parent and the child may each have a claim after an unlawful removal.
California law adds another layer of protection. When a government employee interferes with your rights through threats, intimidation, or coercion, you may be able to pursue a state civil rights claim for damages as well.
Social workers often respond by claiming qualified immunity, a doctrine that shields officials unless they violated clearly established rights that a reasonable person would have known. Courts have rejected that defense for social workers who removed children without a warrant when no emergency existed. These cases can be won, but they demand attorneys who know the terrain.
What Can I Do If CPS Took My Child Without Justification?
False reports happen. Neighbors, teachers, counselors, and others can and do report suspected abuse, and some of those reports are mistaken or even intentionally false. An overzealous social worker who acts on a bad report without following the law can tear a family apart. If that happens to you, act quickly.
Your federal civil rights claim generally must be filed within two years, and it does not require presenting a government claim first. State-law claims against a public entity work differently. They generally require a written government claim within six months of the harm before you can sue. Because the deadline depends on the claims involved, early legal advice matters.
Our firm can also defend you inside the dependency system itself. Because we handle juvenile dependency matters as well as civil rights litigation, we can work to bring your child home first and then pursue accountability for the misconduct.
Serving Families Throughout Contra Costa County and the Bay Area
Our office is located in Walnut Creek, and we represent families in Concord, Antioch, Richmond, Pittsburg, and communities across Contra Costa County. We also serve clients throughout the greater Bay Area. We know the local juvenile courts and how county agencies operate, and we put that knowledge to work for your family.
Talk to a Contra Costa County CPS Misconduct Attorney Today
We are ready to protect your family and your rights. Contact The Law Offices of Johnson & Johnson to schedule a free, confidential consultation. We will listen, explain your options, and help you take the first step toward holding CPS accountable.
Frequently Asked Questions
Can I sue CPS in California?
Yes, in the right circumstances. If a social worker removed your child without a court order and without reasonable cause to believe the child was in imminent danger of serious bodily injury, your family may have a federal civil rights claim, and California law may provide additional state claims. An attorney can evaluate whether the facts of your removal support a lawsuit.
How long do I have to bring a claim against CPS?
Deadlines are short, and more than one can apply. A federal civil rights claim generally must be filed within two years, and it does not require presenting a government claim first. State-law claims against a public entity work differently. They generally require a written government claim within six months of the harm before you can sue. Because the deadline depends on the claims raised, speak with an attorney as soon as possible.
Will suing CPS affect my dependency case?
A civil rights lawsuit is separate from the juvenile dependency proceeding, which decides where your child lives. Our firm handles both. In most situations the first priority is reuniting your family in dependency court, and the civil rights claim proceeds on its own track.