A minor placed under the protection and authority of the juvenile court is referred to as a dependent of the court. This is so when that child is at serious risk of harm, abuse, or neglect by a parent or guardian. Juvenile dependency proceedings are not filed by a person but by a government agency with the primary purpose of ensuring the safety and well-being of the child. Such cases may be complicated and stressful; however, understanding the process can help you achieve a positive outcome.
The juvenile dependency system is grounded on the California Welfare and Institutions Code (WIC) Section 300. WIC Section 300 provides the circumstances under which the court can take action to protect a child. It describes the various court proceedings, the rights of parents at each phase, and the importance of the court-mandated case plan. This guide will help you understand each step of the legal process, enabling you to actively work toward reunifying your family.
How the Juvenile Dependency Process Begins
The juvenile dependency process typically begins with a report to a child welfare agency, such as the Los Angeles County Department of Children and Family Services (DCFS). A good number of these reports are by mandated reporters, who are professionals such as teachers, doctors, nurses, therapists, and law enforcement officers, and are legally obligated to report any suspicion of child abuse and neglect. They must have a reasonable suspicion, not proof, which means investigations are often initiated based on concern rather than definitive findings.
The Initial Investigation
A social worker is assigned to investigate once DCFS receives the report. They might initially question the child, usually at school, and visit your home to determine living conditions. Although cooperation may be helpful, you are not obligated to permit entry without a warrant or respond to self-incriminating questions. The social worker's findings determine whether to take further action.
Filing a Court Petition
If credible evidence of risk is present, DCFS submits a WIC 300 Petition to the juvenile court, and the case proceeds. This petition is an indication of the court coming in, and a judge can decide on the safety of your child and your rights as a parent.
Understanding the WIC 300 Petition
Your juvenile dependency case hinges on the WIC 300 petition, which formally states the reasons DCFS believes the court must intervene. The petition will refer to one or more subsections of the Welfare and Institutions Code of California, Section 300, which is associated with a particular type of risk or harm.
You should realize that these are not some empty charges; they are certain legal charges that you will have to answer in court. It is essential to note that a sustained petition in dependency court does not constitute a criminal conviction. The civil determination that the child requires the court's protection will not result in a criminal record.
The reasons provided in the petition may be diverse. As an example, a petition under subsection (b), failure to protect, which is one of the most frequent, may be used when the parent knows that their partner has a substance abuse issue and that the partner drives with the child when under the influence of alcohol, but does not do anything to prevent it.
A petition under subsection (a), serious physical harm, is more direct and states that a parent has caused the child a non-accidental injury. Subdivision (c), severe emotional damage, is more difficult to prove and may include a child showing extreme anxiety, depression, or aggressive behavior as a direct result of parental conduct.
A petition under subdivision (g), abandonment, is filed when a parent has left a child without providing for their support or contact. The court proceedings must address each allegation in the petition directly and specifically. The document outlines the procedure for the entire case, as the evidence provided by DCFS and your defense will be based on proving or disproving these specific statements.
Understanding the Core Court Hearings and What to Expect
After filing the WIC 300 petition, you will be subject to a sequence of court hearings that will take place on an expedited schedule. Every hearing serves a specific purpose and may have a drastic effect on the result of your case.
It is also crucial to be present at all scheduled court dates and to understand the implications of each proceeding. The juvenile dependency court is not like any other court. The case is confidential; that is, the general public is not permitted in the courtroom so that the privacy of the child and the family is not compromised.
The most essential individuals present will be:
- The judicial officer, who can be a judge or a commissioner
- The county counsel, who is the attorney representing DCFS
- Your own attorney
- An attorney who represents the best interests of your child, commonly referred to as minor counsel
This is the stage of the process when the most significant first choices regarding the placement of your child and your future are made. An experienced dependency attorney can help you work through the complex hearings and reports, represent you, and make sure the court hears your side.
The juvenile dependency process is structured to move quickly to provide stability for the child. The legal process officially begins as soon as your child is removed (the child is taken out of the care of their parents or guardian and placed into protective custody).
The court will arrange a series of hearings, the first of which is to find the immediate safety of your child, the second is to find out the truth of the accusations, and the third is to find a long-term plan. Understanding and working through this sequence is crucial, as the decisions made during these initial phases will shape the direction of the rest of your case.
The Detention Hearing
If your child is taken out of your home, the initial court hearing you will attend is the Detention Hearing. This hearing should be done within a very short time, usually within 48 business hours of your child being placed under protective custody.
The purpose of this hearing is simply for the judge to make a temporary placement decision for your child. The court will determine whether or not your child can be safely handed back to you as the case continues, or whether there is a need to retain the child in a temporary placement. The legal test for maintaining a child involves determining whether there is a substantial danger to the physical or emotional well-being of that child if they were sent back home.
During the Detention Hearing, the judge will examine the initial report of the DCFS social worker and hear the arguments of the attorneys. The charges against you will be brought to your knowledge in the written form of the petition, and here you will be assigned a lawyer if you cannot afford one. DCFS must first prove to the court that there is sufficient evidence to establish a prima facie case for removing the child.
At this stage, the legal standard is relatively easy to meet. This is also the first time you can persuade them to place your child with a relative. If you have a trusted family member who can care for your child, please provide the court and your attorney with their contact details immediately.
First-time orders may also be made by the judge regarding visitation, which may include supervised visits at a DCFS facility or a temporary no-contact order, depending on the nature of the allegations.
The Jurisdictional Hearing
In a dependency case, the trial phase is known as the Jurisdictional Hearing. It is at this stage that the judge hears evidence to determine whether the allegations contained in the WIC 300 petition are factual.
The social worker and the attorney of the county should provide facts, which may include:
- The reports of the social worker
- The police reports, the medical records
- The school records
- The witness testimonies of the teachers or therapists
The legal standard of evidence in this case is the preponderance of the evidence, which means that the judge should be persuaded that it is more likely than not, or more than 50 percent possible, that the allegations are factual.
This is a significantly smaller standard of proof than the beyond a reasonable doubt standard applied in criminal cases, which is shocking and even traumatizing to many parents.
This hearing is a decisive point at which the constitution entitles you to defend yourself. You may challenge the petition through your attorney, which means you are insisting on a trial. Your lawyer will be able to cross-examine the social worker and any other witnesses that DCFS may bring forward, disputing their facts and conclusions.
You are also free to introduce your evidence and witnesses to refute the charges. However, you can decide not to challenge the petition, which is commonly known as submitting the reports. It is a tactical move that you make with your attorney and does not imply that you are accepting the petition as accurate, but rather that you are aware the court will likely determine the petition to be true based on the reports. You wish to proceed to the next step.
The result of this hearing is final: if the judge upholds the petition, the court formally proclaims your child a dependent of the court. If the charges are not established, the petition is thrown out, and the case is terminated.
The Disposition Hearing
If the court upholds the petition in the Jurisdictional Hearing, the case is automatically transferred to the Disposition Hearing, which is usually conducted on the same day. This hearing resembles a sentencing stage in an adult court, except that the emphasis is on remedy and reunification instead of punishment.
In this case, the judge will rule on two critical issues: the first one being where your child will be staying under the care of the court, and the second one being what measures you need to take to solve the issues that led to the dependency case.
The social worker writes a comprehensive Disposition Report before this hearing, which contains both placement and service recommendations. Your lawyer is entitled to look at this report and contest any suggestions that you do not like.
It is at this hearing that the court will schedule a “Family Reunification Plan,” or a case plan. This plan is an official, judicially appointed list of services and programs that you have to go through. The contents are grounded on the particular allegations that were proven to be true. If substance abuse is a problem, the plan will involve drug testing and a treatment program.
If there was domestic violence, an intervention program for the batterer will be ordered. Parenting classes and some form of counseling will almost always be included in the plan. The judge will also issue formal orders regarding the child's placement, which may be with a non-offending parent, relative, or foster home.
The case plan guides you toward reunification, and the court's orders from this hearing will regulate your actions and the course of your case over the next several months.
The Family Reunification Plan
Once the initial hearings are over, your case will transition to an active status, allowing for your participation and progress. The court has acknowledged that there is a problem and has now provided you with a clear, court-directed way to resolve it. This is not a passive stage; you should be involved in it and interact with social workers and service providers.
You should keep a record of your activities. Create a calendar that includes all appointments, classes, and visits. Retain a copy of certificates of completion and other good documents. This is a proactive measure that not only helps you stay organized but also provides evidence of your commitment to reunifying your family, as required by the court.
The primary aim of the juvenile court is to maintain the family unit; however, this is weighed against the rigid legal schedules that are intended to ensure the child has a permanent and stable home at the right time.
The most significant thing that will lead to your child being reinstated in your care is the successful completion of the Family Reunification Plan. The court will closely monitor your progress through a series of scheduled review hearings.
The absence of appointments, lack of enrollment in necessary courses, or failure to demonstrate a significant change may have dire and irreversible effects on your parental rights. This is the time when your actions will have a more substantial influence on the ultimate result of your case than anything else.
Understanding Family Reunification Services
The particular programs and therapies that the judge orders as a part of your case plan are known as Family Reunification Services. These services address the issues that brought your family to DCFS’s attention and help you develop the skills and stability needed to provide a safe home for your child.
These are not punishments but resources to help you. For counseling programs, it could be to resolve some of your underlying trauma or mental health concerns that affect your parenting. For parenting classes, the emphasis is placed on practical communication, discipline, and child development skills. Substance abuse treatment entails a systematic program of counseling, education, and frequent and random drug testing as a sign of sobriety.
In addition to these basic programs, high-quality and regular visits with your child are one of the most essential elements of your plan. The court considers your commitment to see your child as one of the critical signs of your attachment and devotion.
When you visit, you are expected to be child-centered, playing and talking with your child in a positive manner, and demonstrating that you are learning parenting skills. It is not enough to appear; it is also necessary to have quality interactions with your child, and the court reports on it. The case plan is a legal contract, and strict adherence is the most effective way to ensure the return of your child.
The Significance of Review Hearings and Permanency Planning
The court will not simply prescribe a case plan and then disappear. Instead, it will arrange review hearings, usually after every six months, to formally review your progress. The first is a check-in, the Six-Month Review Hearing.
The judge will look at the reports of your social worker and service providers and will look at whether you have adhered to the case plan. If you have done well, the court may grant you more visits, possibly changing them to unsupervised visits.
The Twelve-Month Review Hearing is more decisive. At this point, the law establishes a presumption that your child is to be returned to your custody unless DCFS can demonstrate by preponderance of the evidence that returning the child would pose a substantial risk of harm.
This shifts the legal burden. This is a crucial time to return your child if you have already achieved a lot. If the child is not handed over to you by the twelve-month mark, the court can offer an extension of six months.
Nevertheless, at the Eighteen-Month Review Hearing, if you have failed to complete your case plan and the court determines that the child is still not safe to be returned home, the court will most likely terminate reunification services.
The case is then transferred to a Permanency Planning Hearing, commonly referred to as a WIC 366.26 hearing. At this point, the court permanently changes its interest from reuniting the family to providing a stable and lifelong home to your child.
The court will choose a long-term plan, which, in the majority of cases, is adoption. If a child is adopted, then your rights as a parent are permanently lost. Other enduring plans include legal guardianship, in which the rights of parents are not terminated but instead suspended, or a planned permanent living arrangement among older children. The final phase emphasizes the importance of initiating your case plan on the first day.
Find a Reliable Juvenile Dependency Attorney Near Me
The juvenile dependency case is one of the most stressful and terrifying experiences that a parent can undergo. The process is complicated, the schedules are limited, and your relationship with your child is at risk. You want to hire legal counsel to help you go through this process smoothly. The allegations made by the DCFS can be contested. You should have a well-informed and committed attorney who will represent you from the very beginning, help safeguard your parental rights, and strive to achieve the goal of reunification. At Los Angeles Divorce Lawyer, our dependency attorneys understand the complexity of the dependency court system. We are ready to protect you, guide you through every hearing, and ensure that you are aware of every step in your case plan. Contact us today at 310-695-5212 to speak with an experienced dependency attorney who can help you work through the juvenile dependency case process smoothly.
