What action do i need to take to appeal cps allegation for concern of mental illness and they have no evidence.

You have the right to participate in the Juvenile Dependency Proceedings in California. If you cannot afford a lawyer, the court will appoint one to represent you. I suggest you hire a lawyer to help. At a minimum, you should contact the court clerk's office and request a lawyer. You have a limited amount of time to appeal a detention order so you should do this immediately.

A detention hearing is an arraignment. A petition is filed by DCFS giving a parent notice of why DCFS believes that the children should be removed from a parents custody. In order to detain the court must find that there is prima facie evidence that the children would be at risk of abuse or neglect if returned and there are no reasonable means by which to prevent the detention of the children. Prima facie is a very low standard and therefore once DCFS files a petition, in most cases the juvenile court Judge follows their initial recommendation to detain. Following the detention hearing, DCFS is required to conduct a more thorough investigation into the allegations and submit a report on behalf of the agency along with recommendations as to what, if anything, should occur in respect to the children. They will also make recommendations as to what a parent must do in order to regain custody of the children in the event they are recommending continued detention. The report is submitted to the court at the jurisdictional hearing. The jurisdictional hearing is your best bet in persuading the court that the allegations are not true. At the jurisdictional hearing, you have the right to cross-examine the social worker and present evidence. DCFS has the burden of establishing by a preponderance of the evidence that the children are at substantial risk of abuse or neglect which justifies court intervention. The have the burden of demonstrating that there is clear and convincing evidence that the children would be at substantial risk of abuse or neglect in order for the children to be removed more permanently from your custody. These are much higher standards than what initially needs to be found to detain the children at the arraignment stage. In the event that removal occurs, you will be given a case plan that you must follow in order for the children to be returned to your custody. Because of the low standard of proof and substantial discretion given to the trial court, you would likely have almost no chance of successfully appealing the Judge's order to detain the children initially. However, you still have a great chance of being successful at a jurisdictional hearing in persuading the court the allegations are not true and that the children should be returned to your custody. In order to do so, I would recommend that cooperate with the social worker and resist any urge you may have to argue with them. You want to alleviate concerns, not raise new ones. Gather any documentation that you may have to demonstrate mental fitness. If you see a pyschiatrist you should ask that they write a letter on your behalf. You want to give all the documentation that you believe assists your case to the social worker. You then want to work with an attorney to prepare for the jurisdictional hearing in hopes of having the case dismissed. You will be appointed an attorney or you may hire one. I suggest that you make sure that if you hire an attorney you hire one that has practiced in the juvenile dependency system as the rules and laws can be a bit arcane. If you found this answer helpful, let me know by clicking the "Mark as Helpful" button at the bottom of this answer or select it as Best Answer. It’s easy and appreciated. This response is intended to be a general statement of law, should not be relied upon as legal advice, and does not create an attorney/client relationship. I practiced in the dependency court for over 6 years. I can be reached at 310 373-2900.