Grandparent Rights in California CPS Cases

When a grandchild is taken into CPS custody, grandparents often feel powerless. But California law actually gives grandparents significant rights in juvenile dependency cases — including placement preference, the right to participate in court proceedings, and pathways to guardianship. Understanding these rights can help you play an active role in keeping your grandchild safe and within the family.

In this article

1. Relative Placement Preference
2. How to Request Placement
3. De Facto Parent Status
4. Legal Guardianship Through Dependency Court
5. Visitation Rights for Grandparents
6. What Grandparents Should Know
7. Protect Your Family — Call Today

Relative Placement Preference

California law strongly favors placing children with relatives over non-related foster care. Under Welfare and Institutions Code (WIC) Section 361.3, when a child is removed from a parent’s custody, the court and the social worker must give preferential consideration to placement with a relative — and grandparents are at the top of that list.

“Preferential consideration” means the county must evaluate the relative’s home first, before considering non-relative foster placements. However, it does not guarantee placement. The county will still assess:

• The safety and suitability of the home
• The relative’s ability to meet the child’s needs
• The relative’s willingness to facilitate visitation with the parent
• Criminal background checks and home inspections
• The existing relationship between the child and the relative

How to Request Placement

If your grandchild has been removed, contact the assigned social worker immediately and express your desire for placement. You should also:

1. Attend the detention hearing (the first hearing after removal)
2. Tell the court you are willing and able to provide a home
3. Begin the Resource Family Approval (RFA) process as soon as possible
4. Cooperate with background checks and home evaluations

If the county denies your request for placement, you have the right to challenge that decision in court. An experienced CPS defense attorney can advocate for relative placement.

De Facto Parent Status

If your grandchild has been living with you, you may qualify for de facto parent status. Under California Rules of Court, Rule 5.502(10), a de facto parent is a person who has been found by the court to have assumed, on a day-to-day basis, the role of parent, fulfilling both the child’s physical and psychological needs for care and affection.

De facto parent status gives you the right to:

• Be present at all court hearings
• Be heard by the court (present testimony and evidence)
• Receive notice of hearings and proceedings
• Be represented by an attorney (at your own expense, unless the court appoints one)

Legal Guardianship Through Dependency Court

If reunification with the parent fails, legal guardianship is one of the permanent plan options at the 366.26 hearing. As a grandparent, you may be appointed the child’s legal guardian, which gives you:

• Legal custody and decision-making authority for the child
• The right to make educational, medical, and other important decisions
• Potential access to Kin-GAP (Kinship Guardianship Assistance Payment) for financial support

Unlike adoption, guardianship does not terminate the parent’s parental rights. This can be important for families where the goal is to keep the door open for the parent’s eventual recovery and involvement.

Visitation Rights for Grandparents

Even if your grandchild is not placed with you, you may be able to request visitation. Under WIC Section 362.1, the court can order visitation for any person who has a significant relationship with the child if the court finds that visitation is in the child’s best interest.

What Grandparents Should Know

1. Act quickly. Make your interest in placement known at the earliest possible stage.
2. Document your relationship. Photos, school records, medical appointment histories — anything showing your involvement in the child’s life.
3. Get legal help. Grandparents’ rights in dependency court are substantial but not automatic. An attorney can help protect your rights.
4. Be cooperative but informed. Work with CPS, but understand that you have rights and do not need to accept every decision without question.

For more information, visit our FAQ page or contact Scharf Law to discuss your situation.

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Protect Your Family — Call Today

If you are facing a CPS investigation or juvenile dependency case in Sacramento, Placer, El Dorado, or Amador County, do not face it alone. Contact Scharf Law, P.C. at (916) 782-3900 or visit our contact page to schedule a consultation with attorney Taryn M. Scharf.

This article is provided for general information and does not constitute legal advice. Reading or sharing it does not create an attorney-client relationship. Every case is different. Contact Scharf Law, P.C. at (916) 782-3900 to discuss your specific situation.