20+ year of experience
Trial ready
Personal attention

Good People. Great Lawyers.
Outstanding Results. Find out if you have a case Find out if you have a case

Children’s Rights in a Juvenile Dependency Case in Orange County – 2022

June 12, 2022

In Juvenile Dependency cases in Orange County Children have Rights in a Juvenile Dependency Cases and the right cps lawyer will help you understand

What are my Children’s Rights in a Juvenile Dependency Case? Juvenile Dependency Orange County

When a child is removed from their home due to allegations of abuse or neglect, the juvenile dependency court system becomes involved. This can be a difficult time for the entire family, and it is important to understand the rights of both parents and children in these cases.

In this blog post, we will discuss the constitutional rights of children in juvenile dependency cases and how parents can protect their children’s interests.

Right’s of Children in Juvenile Dependency Cases

Independent of the constitutional interests of their parents, children have three types of constitutional rights in juvenile dependency proceedings:

-The right to be represented by counsel

-The right to due process

-The right to be protected from physical and emotional harm.

These rights are derived from the U.S. Constitution and interpreted by state and federal courts.

The Right to Be Represented by Counsel

In most juvenile dependency proceedings, the child is appointed an attorney. This attorney is known as the Child’s attorney. It may seem weird, but in juvenile dependency proceedings, the parents and the children are represented by their own attorneys and are essentially on their own teams looking out for their own best interests.

Every child has the right to be represented by an attorney in juvenile dependency proceedings. If the child is unable to afford an attorney, one will be appointed for them by the court. The juvenile dependency attorney’s job is to represent the best interests of the child and make sure their rights are protected throughout the proceedings.

The Right to Due Process

Every child has the right to due process in juvenile dependency proceedings. This means that they are entitled to a fair and impartial hearing, where they can present evidence and cross-examine witnesses. The court must also consider all of the evidence before making a decision in the case.

The Right to Be Protected from Physical and Emotional Harm

Every child has the right to be protected from physical and emotional harm. This includes the right to be free from abuse and neglect, and the right to have their basic needs met. The court must take these rights into consideration when making decisions about a child’s placement and care.

Parents’ Rights in Juvenile Dependency Cases

While the focus of juvenile dependency proceedings is on the best interests of the child, parents also have certain rights in these cases. These rights include:

-The right to be represented by counsel

-The right to due process

-The right to be present at all hearings

-The right to participate in decision making about their child’s placement and care.

Parents also have the right to appeal any decisions made by the juvenile dependency court.

What is “The Child’s Best Interests”?

The child’s best interests are always the primary concern of the juvenile dependency court. In making decisions about a child’s placement and care, the court will consider factors such as the child’s age, health, and safety. The goal is to make sure that the child is placed in a safe and nurturing environment where their needs can be met.

In California, juvenile dependency cases are governed by the Welfare and Institutions Code. This code provides for the protection of children who have been abused or neglected, and it also establishes the rights of parents and guardians in these proceedings.

The most important thing to remember is that, although parents have constitutional rights in juvenile dependency cases, the child’s interests always come first.

This means that, even if parents believe it is in the best interest of their child to be returned to their parent’s care, the juvenile dependency court can still order that the child remain in out-of-home placement if the court believes that doing so is in the child’s best interest.

Conclusion

Juvenile dependency proceedings can be complex and emotional for both parents and children. It is important to understand the rights of both parents and children in these cases.

If you are a parent or child involved in a juvenile dependency case, it is important to understand your rights and the best interests of the child. An experienced juvenile dependency attorney can help you navigate the juvenile dependency system and protect your rights throughout the proceedings.

Contact us today for a free consultation. We’re here to help.

TOP-RATED JUVENILE DEPENDENCY LAWYERS IN LOS ANGELES

You deserve to have a lawyer who will help you fight to get your children back. If you are dealing with a Juvenile Dependency case, Criminal case, DCFS case or CPS case, you need the juvenile dependency attorneys  at ALL Trial Lawyers by your side.

Don’t risk calling the wrong lawyer.

We know how the juvenile court process in Orange County works. We have handled hundreds of juvenile dependency cases and we know how to handle your case. We care about the outcome of your case, and we will fight diligently for you and your children.

We have an office located near you, and we’re ready to start working on your case.

Call us now to speak to a lawyer and for your free consultation. Call (866) 811-4255.

Contact Us Today

All fields are required. If you need immediate assistance, do not hesitate to call us at (866) 811-4255.

*information required
  • Confidential Consultation
  • This field is for validation purposes and should be left unchanged.
  • This field is for validation purposes and should be left unchanged.