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“Upon information and belief, Plaintiff alleges that during a working day afternoon (Plaintiff infant was seized on a Wednesday), an employee of DPSS can obtain a warrant from a judge of the Superior Court in approximately two hours. Alternatively, when a social worker at DPSS believes that there exists probable cause to seize and remove a child from a parent’s care, but the there is no imminent threat to the child’s safety, the social worker can petition ex parte for a non-custodial removal – a procedure that is express authorized by California statute.
Neither Defendant Torres nor Defendant Butler, nor any other employee of DPSS, obtain a warrant to remove Plaintiff from her mother’s custody and care before seizing Plaintiff.
Neither Defendant Torres nor Defendant Butler, nor any other employee of Defendant County of Riverside, filed or sought a non-custodial removal petition from the Superior Court before seizing Plaintiff from her mother’s care and custody.
Despite having no specific, reasonable, or articulable evidence that Plaintiff was in imminent danger of sustaining serious bodily injury or death within the short amount of time it would have taken to obtain a warrant, the individual Defendants, and each of them, seized and detained A.A.”