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What would you do if your child was taken away from you? How would you feel if you lost custody of your child? What if your child was forced to live in a foster home? In a child dependency lawsuit in Newport Beach, CA, that is what is at stake. You risk losing your child permanently if you are not ready to handle a child dependency case appropriately. That is why you need to contact a knowledgeable child dependency attorney as soon as an incident occurs.
All Trial Attorneys have defended clients in child dependency cases for many years. We are aware of the requirements for a successful resolution of a child dependency case. If your child is involved in a child dependency case in Newport Beach, CA, contact us at (886) 811-4255 for a free case evaluation.
The child dependency court in California aims to shield kids from neglect or abuse at home. Therefore, the court may remove your child from your custody and put them in a foster home or with another family member if you’re involved in a child dependency case. You risk losing your parental rights in this type of case.
The process starts when you’re charged with neglecting or mistreating a juvenile in your care. This usually occurs after a required reporter (such as a counselor or teacher) has informed the Department of Social Services that they suspect you have neglected or abused your child.
Following the report, Social Services will start an investigation. A Social Services emergency response agent will visit your house to assess if the property is a safe setting for the child. Your child may be taken from your care and declared a “dependent of the court” if it is judged that your house is unsafe for them to live in.
Being separated from your child as a parent might be among the most stressful and agonizing moments of your life. If this occurs, you should immediately contact a qualified lawyer specializing in child dependence.
In California, numerous steps are involved in the exceedingly complicated child dependency procedure. It starts with the court removing your child from your care and becoming a court dependency. Within 48 hours, the emergency responder who visited your property and concluded that the child needed to be taken out of your care would file a petition with the local court stating that you neglected or mistreated the child. The legal procedure then officially starts with a scheduled detention hearing.
The first court date following the petition’s filing by Social Services is when a detention hearing is held. The court will decide at this hearing whether the juvenile will be sent back to your house, placed in a nearby foster home, or accepted into a family member’s home.
Additionally, you will be required to confirm or refute the particular abuse claims made against you in the petition. Your juvenile dependency attorney will probably refute the charges.
A jurisdiction hearing will be held if the court decides during the detention hearing that you should not regain custody of your child. Typically, the jurisdiction hearing will take place 15 days after the initial detention hearing is held.
The jurisdiction hearing resembles a trial for the child’s parents. Here, the parent can address the accusations that they neglected or abused the child. In a matter involving child dependency, it is crucial to have legal representation to effectively argue that the available data do not substantiate the charges in the file.
The disposition hearing is the following stage in the juvenile dependence procedure. Typically, this occurs within 30 days following the court’s “sustained” decision.
Furthermore, the judge will analyze all of the pertinent information in your case at the disposition hearing and devise a plan to divide custody of the juvenile. This is known as the “reunification plan.”
You will have a review hearing when the child dependency court assesses your progress six months after you agree to a reunification plan. The child may be returned to your custody if the court determines that you have complied with the reunification plan’s criteria and that the problems that caused the removal of your child from your care have been resolved.
If the court believes you need to make sufficient progress on your reunification plan, a 12-month review hearing may be scheduled.
The court will decide the permanent residence for your child at the permanency hearing. A permanency hearing is typically held because the judge feels the child shouldn’t be given back to you. As a result, the juvenile dependency court may decide that your child should spend their entire life with a family member or in foster care.
Your parental rights may be revoked as a result of this. Moreover, your parental rights will be terminated if the court orders and an implementation and selection hearing are held. Since it is based on Welfare and Institutions Code 366.26, this is referred to as the “26 hearing.”
You can lose your child permanently as a result of the child dependency procedure. However, you will have to go through a drawn-out, challenging legal process before that can happen. This is why you need to discuss your case with a knowledgeable child dependency lawyer.
Our knowledgeable and skilled attorneys at All Trial Attorneys have successful experience defending our clients in child dependency cases. If you need help getting back custody of your child, contact us at (886) 811-4255.
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