How would you feel if your child is removed from you and compelled to live in foster care? That is what will be at stake when you hear of juvenile dependency. You may permanently lose your child if you have been implicated in a juvenile dependency case and cannot handle it properly. Therefore, the right thing to do in this situation is to seek assistance from a skilled family law attorney who understands juvenile dependency matters.
Explaining Juvenile Dependency
A dependent minor is any minor who:
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Is neglected or abused by a party legally accountable for their care
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Has been abandoned
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Has no guardian, custodian, or parent who can adequately care for them, in that they are living under circumstances that constitute a danger of significant damage to their physical or psychological development
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Is receiving extended foster care services
Therefore, juvenile dependency involves minors who have been abandoned, neglected, or abused. WIC 300 lists various charges you can face as a guardian/parent in a juvenile dependency case.
Under WIC 300, a juvenile dependency case is when a child comes to court because their parent/guardian has neglected them, hurt them, or failed to care for them. Until a minor grows up, they depend on grownups and need their protection. If you as a parent/guardian cannot or will not care for your child properly, you must understand the juvenile dependency court has the authority to step in, remove the minor from your care, and make them a dependent of the court. When a child is made a dependent of the court, the court has the jurisdiction to make decisions regarding parental rights, foster care, family reunification, family services and treatment, child placement, adoption, et cetera.
What Conduct by the Guardian or Parent Can Trigger a Juvenile Dependency Case?
Several actions can lead to a court making a child “a dependent of the court”. They include:
Acts of cruelty— a guardian, parent, or any household member has subjected the minor to acts of cruelty, or the guardian/parent has failed to protect the minor from acts of cruelty by an individual they should have been aware was a danger to the child.
Freed for adoption— either by relinquishment or termination of parental rights, the guardian/parent has freed the minor for adoption for over twelve months, or the court has granted an adoption petition.
Abandonment— per WIC 300, a minor is deemed abandoned if found to be in any of these four circumstances:
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Their relative or custodian cannot take care of them anymore or is unwilling to do so, and the parent's whereabouts are unknown after reasonable efforts to find them.
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The parent/guardian is incarcerated or institutionalized and did not arrange for the child's care.
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The guardian/parent has willingly surrendered them per the state's HSC 1255.7, and they have not been reclaimed within the stipulated 14 days.
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The guardian/parent has left them without providing them support
The demise of another minor— a court may make a juvenile a dependent of the court if the guardian/parent caused the demise of another minor through abuse or neglect.
Severe physical abuse to a minor below five years— per WIC 300, severe physical damage is described as:
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One abuse act that would cause death, permanent disability, or permanent disfigurement if left untreated
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One sexual abuse act that inflicts severe trauma, deep bruising, swelling, or bleeding
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More than a single physical abuse act that causes bruising, bleeding, fracture, unconsciousness, or swelling
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Starving a minor
Sexual abuse— the minor has been sexually abused or faces the risk of a guardian, parent, or any other household member sexually abusing them.
Emotional damage— the minor suffers or faces the risk of suffering emotional damage. To evaluate the risk, the judge might look at proof of severe anxiety, aggressive behavior, withdrawal, and depression in a minor inflicted by a parent/guardian's actions or lack thereof.
Failure to provide enough supervision and care— the minor has suffered or faces the risk of suffering from an illness or physical harm because the guardian/parent has failed to provide sufficient supervision and care. This may occur when a guardian/parent is incapable or unwilling to provide clothing, shelter, food, and enough child supervision. It can also arise when the guardian/parent does not control and oversee the person that cares for the minor. A parent/guardian can neglect to provide routine child care because of substance abuse, mental illness, or developmental disability.
Non-accidental bodily harm— this is whereby the minor has suffered or faces the risk of suffering a bodily injury at the hands of their parent/guardian. The injury need not have resulted from an accident. Elements to determine whether a child faces the danger of physical injury include a history of repeated bodily harm inflicted on the minor or their siblings, past non-accidental harm inflicted by the guardian/parent, and any other action that implies that the juvenile faces the risk of harm.
Siblings have faced abuse— the child's siblings have been abused or neglected in the abovementioned ways. Here, the court must look at the circumstances of the past sibling neglect, the gender, and age of all the children, the guardian/parent's mental condition, et cetera, to establish whether the minor faces the risk of neglect or abuse.
The Juvenile Dependency Process
The Juvenile dependency court is the court that protects minors who might have been neglected or abused by their guardians or parents. It is critical to keep in mind that you can lose your parental rights in a juvenile dependency case.
The juvenile dependency process is generally triggered after a person reports to Child Protective Services (CPS) mentioning that a child has been neglected or abused. The report could come from a neighbor, ex-spouse, therapist, physician, law enforcement officer, or teacher.
Child Protective Services will start a minor abuse investigation upon receiving the referral. Often, a social worker will visit your home to establish whether the child lives under unsafe conditions or is being abused or neglected.
If the social worker determines that the minor is living under unsafe conditions, being abused, or being mistreated, they will remove them from you and make them a dependent of the court. After that, CPS will file a petition in the juvenile dependency court charging you with abuse. The dependency courts will deal with issues like:
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Where will the child stay while the case is being resolved?
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Determining whether the allegations of neglect or abuse you face are true
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What do you need to do to regain custody of your child?
In line with the above issues, the dependency court can also make orders to:
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Withdraw your parental rights
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Take your child away from your home
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Send your child to live in foster care or with a relative
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Create new parental rights
The petition the CPS files enables them to intervene in the child's life, eventually for their well-being and safety.
Only a judge makes all the jurisdictions in these kinds of situations. Mostly, the child is removed from you until a complete investigation is conducted to verify the abuse claims.
The Detention Hearing
A detention hearing takes place within three court days from the day your child is removed from your custody. The CPS must provide you notice of the hearing within a period that will give you a chance to appear in court and be heard.
During this hearing, the court decides whether the minor will be released back to you or remain a dependent of the court. CPS will present proof of neglect or abuse and why the child should continue being detained, while the court will allow you the chance to deny or admit those allegations. If you deny the claims, your lawyer may argue for the release of your child.
The judge then reviews the case facts and decides what measure would be ideal for the minor. If they find that it will not serve the child's best interest to be released back into your custody, they can place the minor in foster care or order a relative to take care of them. You want to inform your lawyer about the relatives that might be capable of caring for your minor since the judge will first consider any relative capable of providing care.
At times judges conclude there is no sufficient proof to continue detaining the child per CPS request. This is particularly the case when it is evident the minor will highly unlikely suffer injury if returned to you pending the case resolution.
The social worker will be allowed to conduct impromptu home inspections if the judge releases the child to you. The juvenile dependency court may even dismiss the petition by CPS at this stage, although this rarely happens. Case law (Supreme Court or appellate court decisions) provides that a dependency court must allow CPS to present its case and be heard, and it may not dismiss the case at the detention hearing.
The Jurisdiction Hearing
Should the judge not release the child back to you once the detention proceedings end, they will hold a jurisdiction hearing. Here, the court will allow you to file a response to the neglect or abuse claims against you.
During this hearing, the court will determine whether the claims you face are true. You want to hire a skilled child dependency lawyer who can assist you in convincing the judge that the juvenile's best interests will be served if they live with you. If the court finds the claims you face to be true, it will likely not release the minor to you, and your case proceeds to the disposition hearing.
The Disposition Hearing
If the judge does not release the child back into your custody at the jurisdiction proceedings, they will hold a disposition hearing ten days later. This hearing is the most significant of the multiple or all kinds of hearings in juvenile dependency proceedings.
During this hearing, the judge will decide whether or not to take jurisdiction and therefore make a minor a dependent and implement a proposed case plan or reunification plan for your child and you. The case/reunification plan lays out a proposal for when you could be reunited with your child should you fulfill the various requirements. It tells you what you should do to solve the issue that brought your child's case to the juvenile dependency court. The plan might include various forms of counseling plus possible alcohol/drug testing, parenting classes, visitation requirements, et cetera.
Once you accept the reunification/case plan, the judge schedules a 6-month review hearing where they will assess your progress regarding the plan.
The disposition hearing is the first one from which you may file an appeal to challenge the orders and findings the judge has made. In given circumstances, as stated under Welfare and Institution Code (WIC) 361.5, dependency courts may bypass reunification attempts at the disposition hearing. If this happens, the judge will schedule a hearing in which they will establish a permanent plan for the minor, including possible termination of the parent's legal rights so someone can adopt them.
Why Retain an Expert Lawyer?
A lot can happen during the disposition hearing. At this hearing, inexperienced lawyers harm guardians, parents, children's relatives, and the minors themselves. Parent and child relationships or lives are usually destroyed during this hearing by attorneys who fail to do everything they must or should. However, parents, guardians, and other parties might not realize it until later when they cannot do anything.
This area of juvenile dependency is more crucial than any other you have experienced. In no other area of law are the repercussions of errors unnoticeable if you cannot detect them. Additionally, no other area are the repercussions of errors likely so dreadful. Your parental rights might be discontinued because your lawyer failed earlier during the disposition hearing to make compelling arguments, appeal an unfavorable decision, ask the court to do the right thing, et cetera.
Six Month to 12-Month Review Hearing
A 6-month review hearing is conducted per WIC 366.22 and 366.21. During these proceedings, the court evaluates how you are progressing with the reunification plan and review each dependent juvenile's status every half a year. The judge may schedule as many progress court hearings as they desire.
Before every evaluation, the social worker assigned to your child's case will compile a report, which they will submit in court. The report outlines the services provided/offered to you to rectify the problem that made the child become a “dependent of the court.” Additionally, it discusses your cooperation and progress in the described services.
The Child Protective Services agency must make a reasonable effort to reunify you and your child, and the judge must find, during the review hearings, that the agency did so. And so, if the judge rules that you have adhered to the reunification or case plan and corrected the problem that made your child be taken away from you, they may permit the minor to go back and be under your care.
And if the judge finds that you have not made enough progress, they may set a twelve-month review hearing if your child was below three years and an 18-month review hearing if your child was above three years at the time they were removed from you. The judge will again evaluate your progress on the reunification/case plan at these hearings. If they still believe it will not serve the minor's best interests to be released back to you after the twelve-month or 18-month review hearing, they will schedule permanency proceedings to determine a permanent residence for the child.
26 Hearing and Permanency Planning Hearing
During the permanency proceedings, the judge aims to establish what permanent home your child can live in. If they have previously established that the minor should not go back to be under your care, they may rule that the minor permanently remain under a relative's care and supervision or in foster care.
If the judge decides to withdraw your parental rights entirely, they will hold a selection & implementation hearing (also called a ‘26’ hearing). During this hearing, the objective will be to create an implementable plan to make sure the minor has a stable and safe permanent residence. The judge may order that the child be adopted or be under the care of a legal guardian.
The Child's Age Makes a Difference During Review Hearings
If your child who was below three years at the time of detention cannot be released to you during the first 6-month review hearing, the judge will terminate the reunification services and schedule a hearing per WIC 366.26 to decide on a permanent plan. If your child were above three years when they were taken from you, you would be allowed twelve months before the judge terminates the reunification services.
You Can Challenge the Judge's Decision at the Review Hearing
If you wish to contest a judge's decision to withdraw reunification services, you must do that by filing a petition for the alternative writ. You have one week to bring the petition.
Mandated Reporters
As we mentioned, a juvenile dependency case starts when someone notifies the Department of Social Services of possible neglect or abuse of a child. In most cases, the department is informed by a mandated reporter. Mandated reporters are people who the law requires that they report any child abuse incident. PC 11165.7 lists mandated reporters. They include teachers, doctors, clergy members, police officers, and child daycare facilities workers.
Find a Family Lawyer Experienced in Juvenile Dependency Matters Near Me
These are only the basics of child dependency. With all these facts and rules, you can know what happens in and out of the dependency court. You will also have a higher chance of reuniting with your child much sooner. To talk to a skilled attorney in San Diego regarding your child dependency case or to learn more, please contact San Diego Divorce Attorney today at 858-529-5150.
