If you are visiting this blog post, it’s because you either just received a call from a social worker or just found out a juvenile dependency case has been opened against you. Your children have been removed or are in danger of being removed from your home.
Juvenile dependency court is a specialized court system that plays a pivotal role in safeguarding children, addressing allegations of mistreatment, and ensuring that their best interests are at the forefront of every decision.
Let’s delve into this crucial aspect of our legal system to understand better how it works and its impact on the lives of these vulnerable young ones.
Child Protection: The “Goal” of Dependency Court
Imagine a place solely dedicated to keeping kids safe. That’s supposed to be the goal of the Juvenile Dependency Court. It’s all about making sure children who might’ve faced tough times—think neglect or abuse—are looked after and kept away from harm.
Physical Abuse: Any non-accidental physical injury inflicted by a parent or guardian, causing harm or risk of harm to a child’s health or well-being.
Sexual Abuse: Involvement of a child in sexual conduct, exploitation, or exposure to obscene material or acts by a parent or guardian.
Neglect: Failure by a parent or guardian to provide adequate food, clothing, shelter, medical care, or supervision to a child.
Severe Neglect: Endangering a child’s health, safety, or well-being due to the failure to protect them from severe malnutrition, injuries, chronic or severe pain, or mental anguish.
Emotional Abuse: Actions by a parent or guardian that cause severe emotional harm to a child, including mental suffering or impairment of their social or emotional development.
Abandonment: Desertion of a child by a parent or guardian without provisions for their care or supervision, constituting a serious health or safety risk.
Substance Abuse: Exposure of a child by a parent or guardian to illegal drug-related activities or chronic abuse of alcohol or controlled substances, leading to neglect or endangerment.
Domestic Violence: Presence of domestic violence in the household, causing harm or emotional trauma to the child, regardless of whether the child is a direct target.
These are key factors considered under WIC 300 when determining child abuse or neglect, guiding the intervention and decision-making processes by the Juvenile Dependency Court.
When someone thinks a child’s not getting the care they deserve, the Juvenile Dependency Court steps in. The Juvenile Dependency Court is supposed to hear cases and decide what’s best for the kids. But if you find yourself in front of the Dependency Judge, you are already on the losing side and need to call an experienced juvenile dependency lawyer as soon as possible.
Child Protective Services: The First Steps
Here’s the deal: if someone—a police officer or Child Protective Services (CPS)—feels a child’s in danger, they’ll step in and whisk them away. The main aim? To keep that child safe.
Kids might stay with relatives or in foster care while everyone figures things out. But it’s not always smooth sailing—parents often feel lost without knowing where their little ones are. And the process to get back custody of your kids could take days, weeks, months, or even years.
Juvenile Dependency Courtroom Chronicles: What Goes Down
The Juvenile Dependency Court has to consider a lot of information, such as reports, family history, and even what the kids themselves have to say. The judge uses the detention report and the investigation done by the social worker to make an initial determination of whether a case should move forward. If the social worker has written a report and showed up in Court, that means the case will most likely move forward.
There are many different lawyers. Each parent will get their own lawyer. Even the kids get their own lawyer! Your lawyer is responsible for fighting for you, so you need a good lawyer.
Putting Kids First: How Decisions Are Made
The Court’s main job? Making decisions that are all about the kids. They want what’s best for them, considering everything from safety to family connections.
The Court knows that time’s a big deal for kids. That’s why they have specific timelines, especially for the littlest ones, to ensure they’re not waiting too long. However, the more severe the allegations, the longer the case may take. Again, there is no set timeline. And if your parental rights are terminated, there may never be a time when you get reunited with your kids.
If you can be reunited with your child, the Court may put you on reunification plans. They’re like blueprints for getting families back together. Services and support are offered to help make that happen.
WHAT SHOULD YOU IF YOU NEED A CPS DEFENSE LAWYER OR JUVENILE DEPENDENCY LAWYER IN ORANGE COUNTY?
If you have been accused of abuse or neglect, it is crucial to get a CPS lawyer as soon as possible.
You deserve to have a CPS lawyer who will help you fight to get your children back. If you are dealing with a juvenile dependency case, child-welfare services case, or CPS case in California, you need thejuvenile dependency attorneys at ALL Trial Lawyers by your side.
Don’t risk calling the wrong lawyer. If CPS is investigating you, you do not have to deal with them alone.