Parent’s Rights in Juvenile Dependency Cases in Orange County: A Comprehensive Guide
When a juvenile is removed from their home due to allegations of abuse or neglect, the parent’s rights come into question.
This process can be confusing and daunting, especially for those unfamiliar with the juvenile dependency system in Orange County, California.
In this blog post, we will provide an overview of parental rights in juvenile dependency cases. In addition, we will discuss relinquishment by parents, termination of parental rights, and placement for adoption.
What is a Juvenile Dependency Case?
A juvenile dependency case is a legal proceeding in which the state of California assumes custody of a minor child due to allegations of abuse or neglect.
The child is then placed in the care of a relative, foster parent, or group home.
The juvenile dependency system is separate from the criminal justice system, and the goal of juvenile dependency proceedings is to provide a safe and stable environment for the child rather than to punish the parents.
What are Parental Rights?
When the state takes a child into custody, the parents still retain certain rights. These include the right to:
Receive notice of all proceedings and hearings
Be represented by an attorney
Request a juvenile dependency hearing be held within ten days of the child being taken into custody
In addition, parents have the right to request that their child be placed with a relative or other designated caregivers rather than in a foster home or group home.
What is Relinquishment by Parents?
Sometimes, the parents may agree to relinquish their rights to their child. This can happen if the parents are unable or unwilling to care for the child or if they believe that it is in the child’s best interests to be placed for adoption.
Relinquishment by parents is voluntary, and the parents can change their minds at any time until the relinquishment hearing.
What is the Termination of Parental Rights?
Termination of parental rights is a legal process in which the court permanently ends the parents’ rights to their child.
For example, this can happen if the parents are found unfit or failed to meet the terms of their juvenile dependency case.
The termination of parental rights is a permanent decision, and it cannot be reversed.
What is Placement for Adoption?
Placement for adoption is finding a new home for a child whose parents’ rights have been terminated. The child may be placed with a relative, foster parent, or other caregivers.
In some cases, the child may be placed with an agency for adoption. The court will make the final decision on placement for adoption.
Juvenile Dependency Cases vs. Criminal Cases
It is important to note that juvenile dependency cases are handled differently than criminal cases.
In juvenile dependency cases, the focus is on protecting the child and providing services to the family so that the child can safely remain in the home.
In contrast, the focus of criminal cases is on punishment. This means that juvenile dependency proceedings are not about determining whether or not the parents are guilty of abuse or neglect.
Instead, they are about ensuring the child is safe and has a stable home life.
WHAT SHOULD I DO I HAVE A CPS INVESTIGATION?
If you have been accused of abuse or neglect, it is crucial to get an attorney as soon as possible.
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, child-welfare services case, or CPS case in Orange County, California, or Southern California, you need thejuvenile dependency attorneys at ALL Trial Lawyers by your side.