In California, the law prioritizes the safety of children, especially within the home environment. When there are allegations of child abuse, neglect, or abandonment, the juvenile court system steps in to diligently determine whether a child can remain safely at home with their parents or guardians.
It is the juvenile dependency court that oversees a child dependency case, making decisions aimed at ensuring the child's safety while striving to maintain the family unit.
If you are a parent or caregiver suspected of being unable to keep the child safe, you may face a child dependency hearing to determine whether the child can truly be safe in your care. If you're suspected of child abuse or neglect, you could also face criminal charges in addition to having your child removed.
Simply put, the court could start a juvenile dependency case if there are concerns that a parent is unable to keep their child safe from abuse or neglect. If you're a parent and your child was removed from the home because of child abuse or neglect, you are now a part of a juvenile dependency case.
A child abuse or neglect case starts when someone reports a concern. After an investigation of abuse or neglect, the social worker or police officer might not take any action if they don't find evidence of abuse or neglect that requires court involvement.
They might offer free services designed to help you learn to parent your child more safely or file a petition with the court asking the court to open a case to protect your child, providing you with the necessary support and guidance.
In severe cases, they could take your child from you if they think the child is in immediate danger. The social worker will also file a petition asking the court to open a case but must file the petition within two court days of removing your child.
In Los Angeles, the Juvenile Dependency Court, located at 201 Centre Plaza Dr. Monterey Park, CA 91754, a part of the Superior Court, has jurisdiction over cases that involve minors who may be victims of abuse or neglect.
When Child Protective Services (CPS) identifies potential signs of child abuse or neglect in the home, California law allows CPS to offer the parents a voluntary supervision agreement pursuant to Welfare and Institutions Code 301 (WIC), otherwise known as a "301 contract."
What is a Child Dependency Case?
A child dependency case is a type of juvenile court proceeding that is initiated when there are concerns about a child's safety, typically due to suspected abuse, neglect, or abandonment by their parent or guardian.
The primary goal of a dependency case is to ensure the child's welfare and determine whether they can safely remain in their home or if alternative arrangements need to be made.
If the court finds that the child is at risk, it may remove the child from the home and place them in a safer environment, such as with a relative, in foster care, or in a group home.
The court may also order the parents to engage in specific services or programs designed to address the issues that led to the case, with the ultimate goal of reunifying the family whenever possible.
One of the most important things you can do when your child is removed is to give the social worker information on your family members and close connections, such as non-related extended family members. This can keep your child in the care of people they know. The placement options for your child will be as follows:
- The other parent, if appropriate.
- A relative.
- Non-related extended family members.
- A licensed foster home.
How Are Child Dependency Cases Initiated?
Child dependency cases in California are generally initiated by reports of suspected child abuse or neglect made to Child Protective Services (CPS). A case can be triggered in several ways:
- Mandatory Reporting: Certain professionals, such as teachers, doctors, and law enforcement officers, are legally required to report any suspected cases of child abuse or neglect. These reports are often the starting point of a CPS investigation, and they are called "mandatory reporters."
- Anonymous Tips: Anyone who suspects that a child is being abused or neglected can make a report to CPS anonymously.
- CPS Investigation: When CPS receives a report, a social worker investigates to determine whether there is evidence to support the allegations. This may include interviewing the child, parents, family members, and witnesses, reviewing medical records, and visiting the child's home.
- If the CPS investigation finds enough evidence of abuse or neglect. The agency may file a petition with the juvenile court to start a dependency case. This petition details the allegations against the parent or guardian and presents the evidence supporting them.
- Initial Hearing: After the petition is filed, the court will hold an initial hearing, known as the "detention hearing," to decide whether the child should be temporarily removed from the home pending further investigation and court proceedings.
What are the Possible Outcomes in a Juvenile Dependency Case?
Once a child dependency case is initiated, the court will determine the appropriate course of action to ensure the child's safety. The first court date is called a detention hearing, and after some time, you will attend a jurisdiction hearing where a judge decides if the allegations are true.
If the judge decides that any of the allegations are true and your child isn't safe, then a disposition hearing is set to determine if your child will become a dependent of the court.
The juvenile dependency court may decide upon several potential outcomes or solutions, each with its own implications for the child and the family:
- Family Improvement Services: If the court believes the child's safety can be ensured at home, parents may be required to engage in services aimed at addressing the issues that led to the case. These services could include parenting classes, counseling, substance abuse treatment, or anger management programs.
- Temporary Placement: If the court finds that a child cannot safely stay at home, the child may be temporarily placed with a relative, in foster care, or a group home. The court will then create a reunification plan with specific goals and tasks for the parents to complete in order to regain custody of their child.
- Permanent Placement: If parents do not meet the court's requirements, or if the court finds that reunification is not in the child's best interest, a more permanent solution may be pursued. This could involve placing the child with a relative, establishing legal guardianship, or, in some cases, terminating parental rights to enable adoption.
- Dismissal of the Case: If the court determines there is insufficient evidence for the abuse or neglect allegations or if the parents have completed the required services and resolved the underlying issues, the case may be dismissed, and the child could stay or return home.
Suppose your child is placed in the system. In that case, the court will have a hearing every six months. These court hearings are dependency status review (DSR) hearings, which can also be called status review hearings, periodic review hearings, or DSR hearings.
The purpose of each review hearing is for the court to decide if you have been really working on your case plan and if it is safe for your child to be returned to your care.
The court could decide to return your child to your care, order that your child remain out of your care but give you another six months of services, or order that your child remain out of your care and stop offering you reunification services.
What are the Criminal Implications of a Child Dependency Case?
While child dependency cases are not actually criminal matters, the allegations of abuse or neglect that initiate these cases can also result in criminal charges being filed against the parent or guardian in criminal court.
This means that if you are a parent involved in a dependency case, you could face both the potential loss of custody of your child and criminal prosecution for child abuse, neglect, or endangerment.
The best hope of obtaining positive outcomes in such cases is to work with an attorney with experience in both child custody and criminal defense in the event that criminal charges result. For additional information, contact our criminal defense law firm, Eisner Gorin LLP, based in Los Angeles, CA.
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