In Juvenile Dependency Court in California, they do not use the term, “probable cause”. Governed by the Welfare & Institutions Codes, these laws are on puppet strings, CPS and their court cohorts pull on whichever one they want to control you with at the time. It is all about “the welfare of the child”, “the child’s best interests”, “safety”, “risk” and “reasonable efforts”. They use these terms whenever it fits them as they are so flexible and difficult to argue. Who is going to argue with a social worker who says, “I saw a risk so I removed the child. We offered services to the family but they refused to cooperate. The house was filthy and it appeared that the parent was under the influence of drugs and I smelled alcohol.” So, the Judge, believing the social worker because he is paid to, says, “Well that sounds reasonable. The parent is claiming that there were only a few dishes in the sink and that a bottle of rubbing alcohol was spilled by the dog’s tail as she was cleaning earrings and that she had just woken up from a nap with the baby so it appeared that she was drowsy and she was not on drugs. Let’s make her take a hair follicle test just to be sure. I’ll set the next hearing thirty days from now. We’ll see you back here then.” The lawyers for the parents make no objections, no motions to dismiss, no demurrers, no arguments (such as “reasonable” or “probable” cause to remove children), just “denials” and “submissions”.
The parent submits to the hair follicle test (because she’s not guilty). CPS fakes it and makes it positive for opiates to justify their actions and to qualify for funding. Then it just goes on and on from there.
That is the way Child Protective Services operates not only in Riverside County but every county in the country.