Arrested With Your Child Present — Here's What Actually Happens
This is one of the most terrifying things a parent can face. I've helped a lot of families through it. Here's the honest answer to every question you're probably asking right now.
The Law That Controls This Situation
California Welfare & Institutions Code Section 305 is the law that governs what happens to a child when a parent is arrested. It requires the officer to first try to reach another responsible adult — a relative, a co-parent, a trusted person the child knows. Only if that fails does the officer contact a county social worker to take custody of the child. The law does not set a specific age cutoff. It's based on whether the child can safely care for themselves.
California Welfare & Institutions Code § 305The Three Scenarios — What Actually Happens
Each situation is different. Here's how each one plays out.
Traffic Stop — You're Arrested, Child Is in the Car
- 1The officer will not leave a young child alone in the vehicle or on the side of the road. Period.
- 2Their first move is to ask you: Is there someone you can call right now to come get this child? A co-parent, grandparent, aunt, uncle, neighbor — anyone you trust and can reach immediately.
- 3If you can reach someone and they can arrive quickly, the officer will typically wait or make arrangements for the child to be released to that person.
- 4If you cannot reach anyone, or no one can come, the officer calls CPS. A social worker responds and takes temporary custody of the child.
- 5The child is not 'taken away' permanently. This is emergency temporary custody while you are in custody.
The single most important thing you can do in this moment: have a name and phone number ready. Know who you would call. Tell the officer immediately — don't wait to be asked.
Domestic Violence Call — One or Both Parents Arrested at Home
- 1If only one parent is arrested and the other is present and not a danger to the child, the child typically stays home with the remaining parent.
- 2If both parents are arrested, or the remaining parent is also being detained or is incapacitated, CPS is almost always called.
- 3In a DV situation, the home itself may be treated as a crime scene. Officers may not want to leave a child there unsupervised even if an older teen is present.
- 4A CPS social worker will respond and assess the situation. They will look for relatives first — grandparents, aunts, uncles — before placing the child in foster care.
- 5If a relative is available and willing, the child can often be placed with them the same night rather than going into the foster system.
DV arrests are the scenario most likely to result in a CPS call even when the child is a teenager. The nature of the call — not just the child's age — drives the response.
Arrested on the Street or at Home (Non-DV)
- 1If you're arrested at home and a child is present, officers will ask who can come take the child before they leave.
- 2If the child is old enough and there is another responsible adult in the home (older sibling who is 18+, other family member), the child may be left in their care.
- 3If no responsible adult is present and the child cannot safely be left alone, CPS is called.
- 4Officers have discretion. A 17-year-old who is calm, knows what's happening, and has a way to reach family may be left at home. A 7-year-old will not be.
The officer's job is to make sure the child is safe before they leave. If you can give them a solution — a name, a phone number, a person who can be there in 20 minutes — do it immediately.
Does Age Matter? Here's the Real Answer.
California law doesn't draw a hard line at a specific age. It's about whether the child can safely care for themselves and whether a responsible adult can be reached. But in practice, here's how it tends to play out:
CPS will almost certainly be called if no responsible adult can be reached immediately. Officers will not leave a young child alone under any circumstances.
Officer has discretion. If a responsible adult can be reached quickly — grandparent, aunt, neighbor the child knows — the child may be released to them. CPS is still likely if no one can be reached.
Genuinely gray area. A 16 or 17-year-old with a driver's license may be allowed to drive the parent's car home at the officer's discretion — but there is no law requiring this. Many officers won't allow it, especially in a DV situation. The officer decides.
Legal adult. Not subject to CPS involvement. Goes home on their own.
Can a 16 or 17-Year-Old Drive the Car Home?
This is one of the most common questions I get. The honest answer: maybe, but it's entirely up to the officer. There is no California law that says an officer must allow a licensed minor to drive home. There is also no law that says they can't. If the teen has a valid license, the car is insured, and the officer is comfortable with it — some will allow it. Others won't, especially if it's a DV call or if the teen is visibly upset. Don't count on it. Have a backup plan — someone who can come pick up both the teen and the vehicle.
If CPS Does Get Called — What Happens Next
Emergency response
A CPS social worker responds to the scene. Their first priority is finding a relative or trusted adult who can take the child — not putting them in foster care. They will ask you for names and numbers.
Relative placement first
California law requires CPS to look for relatives before placing a child in foster care. If a grandparent, aunt, uncle, or other family member is available and willing, the child can often go there the same night.
Temporary custody — not permanent
CPS taking temporary custody does not mean you are losing your child. It means the child is safe while you are in custody. Once you are released — especially if you bond out quickly — you can work to get your child back immediately.
The faster you bond out, the better
The longer you are in custody, the more the situation can escalate. A parent who bonds out within hours is in a very different position than one who sits in jail for days. Getting out fast matters — not just for you, but for your child.
What You Should Do Right Now — Before Anything Happens
You don't have to wait until there's a crisis. Here's what every parent should have ready:
County CPS Emergency Lines
If your child has been taken into CPS custody and you need to reach them or find out where your child is:
Common Questions
Get Out Fast. Your Child Needs You Home.
I've helped parents in exactly this situation. The faster you bond out, the faster you can get back to your family and address the CPS situation from the outside. Call me directly — I'm available 24 hours a day.
Not legal advice. The information on this page is based on Chad Conley's 15+ years as a licensed bail bondsman, plus additional experience as an investigator and bounty hunter, and is intended to help families understand the general process. It is not legal advice, and Chad Conley is not an attorney. Every case is different. If you have legal questions about your specific situation, please consult a licensed attorney.