Neglect & Abuse Attorney in Modesto, California

If you’ve recently been accused of neglect, abuse, or other charges from Child Protective Services (CPS), you need a skilled attorney to represent your interests. At Roth Legal, A Professional Law Corporation, you’ll be treated with respect no matter what. Everyone deserves to have their rights protected; in some cases, the charges may be blown out of proportion. If you’re in the Modesto, California area or surrounding communities of Stockton, Manteca, or Merced, contact Attorney Ryan Roth today to talk through your options.

What are DNA Actions?

You may hear your charges referred to as “DNA” actions which stand for “dependent, neglected or abused.” This is a common term used by CPS when they receive a report of child abuse or neglect. The charge of dependency simply means that a child is not getting the proper care they need. Most charges like these relate to a parent not taking adequate care of the child (child neglect), or when the child has suffered emotional or physical injuries from a parent. This includes cases of domestic violence, sexual abuse, and physical assault.

What Does CPS Do When
They Receive a Claim of DNA?

When a claim of DNA is filed, CPS will begin an investigation to determine if the allegations are substantiated. A caseworker will typically pull up any past information and interview the person who made the accusation (note that the person who reported the incident does not legally have to provide their name, so you may not know who filed the claim), then they’ll visit the child and family. In some cases, services will be offered to the family so they can keep their child in the home, but in others, the caseworker can take the child out of the home with a judge’s approval.

What Happens if a
Claim is Substantiated?

What happens after a substantiated claim will depend on the specifics of the incident, whether there’s been a history of abuse or neglect and the type of abuse. At this time, you need to retain an attorney if you haven’t already done so. If the child is to be removed, the court will usually hold a temporary removal hearing within a few days before a formal hearing will take place. While this will undoubtedly be traumatizing to both the parent and child, it’s important to remain calm and comply with a judge’s orders.

How Do I Get My Child Back?

The most important thing to do is to follow all the court orders and provide any requested documentation with the help of your attorney. An experienced lawyer can often help you get your child home faster. Most of the time, a child will only be removed temporarily until you complete any mandated programs or work with the state to make your child’s home environment safe.

Possible Criminal Penalties

Possible penalties depend on the severity of the charges, whether they’re categorized as a misdemeanor or a felony, and your past criminal history. Both misdemeanor and felony convictions can result in jail time and fines, but could also include probation, mandated treatment programs, or protective orders. If the child is removed, the court may set up a visitation schedule so you can still see your child.