The Pre-Release Investigation (PRI)

On occasion, the judge may set an interim hearing, if requested, for the home of a relative or parent to be investigated, so that the children can be placed there, and not in foster care.

I find that these types of hearings are being used less and less; and being asked for less and less by the defense attorneys. Technically, this type of hearing is not authorized by the letter of the law (the statutes), but I’ve always argued that such a hearing can be held under the court’s discretionary power, especially where the spirit of the law requires children to be placed with relatives instead of foster homes. But if the occasion arises, it is always helpful for a family if the social worker is ordered to do the relative placement investigation by a certain date, with a report back to the court on a certain date.

Obviously, this can accelerate the placement of the children with family.

Problems arise when the social worker’s report is disputed by the family member, then the question becomes, “will the judge allow some sort of contested hearing on this issue?”

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How Long Do CPS Workers Have to Complete Their Investigation in California?

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If Child Protective Services has contacted your family, one of the first questions on your mind is probably how long the investigation will last. In California, CPS agencies generally have 30 calendar days to complete a child abuse or neglect investigation from the date of initial face-to-face contact.

How Late Can CPS Come to Your House in California?

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California law places no time restrictions on CPS home visits. Under Welfare and Institutions Codes, Child Protective Services must maintain emergency response capabilities 24 hours a day, seven days a week, giving social workers legal authority to arrive at any hour. However, Fourth Amendment protections still apply, meaning CPS cannot force entry without your consent, a warrant, or genuine emergency circumstances involving imminent danger.

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Can CPS Drug Test Your Child in California?

The short answer is no, not without your child’s consent and a court order. Under California law, Child Protective Services cannot force a drug test on your child during an investigation without judicial authorization. Los Angeles County DCFS policy explicitly states that drug testing of youth in foster care is voluntary, and minors must consent before any testing occurs.