how to win in dependency court

The initial hearing for a child who remains in the custody of the parent/guardian must be set within 30 days of the filing of the petition.  However, if the parents fail to participate at all in the services offered or fail to make any progress whatsoever a petition may be filed to bring that to the attention of the court and request the court terminate reunification services before the six months are up. Kimberly Bowers wrote this open letter to Oakland County, Michigan Family Court Judge Lisa Gorcyca. For additional information on JV-290 Form, click here, Any individual or agency caring for a foster child may file this form in order to provide information about the foster child to the court at review hearings (eg. 6,12,18 or 24 month review hearings), JV-321 Request For Prospective Adoptive Parent Designation, Notice, and Order Form, For additional information on JV-321 Form, click here. Attend the first court hearing.  Welfare and Institutions Code § 342, The social worker can file a "supplemental petition" in an on-going case to request removal of the child from the custody of parent, relative, or friend or to request authorization to move the child to a higher level of care such as a relative to foster home or foster home to group home. For additional information on JV-295 Form, click here. Second, the court must select a permanent plan for your child. Win without a lawyer! Leave the child in parental custody, declare the child a dependent of the court, and order family maintenance services with a review of the need to continue such services set no more than six months from the date of disposition. A child abuse and neglect case starts when someone reports a concern that: Reports that a child is being abused or neglected are usually made to the police or to social workers. ". After investigating the social worker will do one of the following: One of the most important things to do when your child is removed is to give the social worker information on your family members. ... And it keeps continuing to get bigger as I read the Dependency report.   Welfare and Institutions Code § 388(c), If the court finds that there is a substantial probability of safe return by the time of the 12-month hearing, the court may extend services for an additional period, but no longer than twelve months from the date the child entered foster care. It is in the child’s best interests to modify a previous order. California Rule of Court 8.452. 2. The procedure for filing your appeal or writ petition is dependent on the type of order you are challenging in the higher court.  In either case, YOU MUST FILE A TIMELY NOTICE either by filing a Notice of Appeal (JV-800) or a Notice of Intent to File a Writ Petition (JV-820 or JV-822).   Welfare and Institutions Code §§ 361.5(a)(1)(B), 366.21(e), The date the child entered foster care is either: the date the Jurisdiction Hearing was held; or 60 days from the date the child was physically removed from the home, whichever is earlier. There are several things you should know if the court does not return your child and terminates your reunification. The placement options for your child will be: To prevent your child from being placed with strangers, give your relatives’ information to the social worker.  Welfare and Institutions Code § 334. I used my knowledge of legal research and writing to fight CPS and win in juvenile court, eight months later.  This hearing must be held the next court day after the petition is filed.   Welfare and Institutions Code § 361.49, Children who are removed at the same time as their brothers or sisters are considered part of a “sibling group.” This concept of a "sibling group" applies to half sibling and step-sibling relationships, as well. A dependency is an assertion by the state or a third party that a parent is unfit or unable to care for their child or children. The parent has demonstrated the capacity or ability or both to complete the objectives of his or her treatment plan and to provide for the child’s safety, protection, physical and emotional well-being and special needs. Without a court reporter’s transcript, an appellate court will say that the lower court was in the best position to evaluate the arguments made. • Understand what is happening in court. This guide explains the dependency court process in California. Dependency Court Improvement Program grants from the United States Department of Health and Human Services, Administration for Children and Families, support this project. County child welfare agencies are accountable to the juvenile courts as they propose outcomes for initial case disposition hearings and review hearings.Welfare and Institutions Code § 300 et seq. To this end, the legislature has enacted shorter timelines for children under three years old. No more guesswork. Very few lawyers are familiar with child dependency law. A social worker investigates by talking to you, your child, people who know you and your family, and by looking at where you live. If you do not have a court-appointed or private attorney to represent you in your case, you may attend the mediation conference alone. There are no juries in dependency cases and …  If oral argument is waived the cause is deemed submitted no later than 30 days after the response is filed or due to be filed.  California Rules of Court 8.403(b) and 8.452(g), The reviewing court must issue an opinion within 90 days of submission either after oral argument or without it if waived by counsel.  California Rules of Court 8.450-8.452 are intended to “encourage and assist” the reviewing courts to determine on their merits all writ petitions within the 120 day period for holding the 366.26 hearing. The judge jailed three children for not having … If you have Indian ancestry or think you are a member of a tribe, please click here for more information on ICWA. There are strict timelines and procedures to follow when appealing an order from dependency court in California. Copy sample legal forms. For children under three at the time of removal, the statutory time limit on renunciation services for parent is six months from the date of disposition unless the parent has made substantial progress and the court finds the child may be returned to a safe home by the date of the 12 month review hearing or reasonable services have not been provided to the parents. The social worker can talk to your child at school without you being present.  Welfare and Institutions Code § 366.22(a). What is the court process in dependency and neglect cases? Also available in Spanish. The parent has made significant and consistent progress in the prior 18 months in resolving problems that led to the child's removal from the home. So, you should continue to participate in your child’s education and decisions regarding his education. The appellate court's decision will become final in 30 days unless any of the parties disagrees with the opinion and files a certain kind of petition. The social worker is to ask every child to provide such information, The adequacy of the services provided to the child, Continuing efforts to identify a prospective adoptive parent or legal guardian, The extent of the agency's compliance with the case plan in making reasonable efforts either to return the child to a safe home of the parent or to take whatever steps are necessary to finalize a permanent plan for the child, Appellant's opening brief must be filed within 30 (not 40) days of the record being lodged with the court of appealÂ. This means that the court will ask if there is a father or another person who qualifies as a parent to the child. Your child is in danger of being abused or not taken care of properly by you or someone else. The goal of DDC is to help parents live a drug-free life and assume the full responsibilities of parenthood. You are abusing your child or not taking care of your child properly, Someone else is abusing your child or not taking care of him or her properly and you are not protecting your child from that, or. If your child was not removed, the first hearing must be held no later than 15 days after the petition is filed. It will include: If you disagree with the allegations in the petition, you have a right to a hearing to contest the allegations in the petition. Know what it takes to win! He or she also has an attorney, often called the county counsel or agency attorney. Copy sample legal forms. Petition for Review to the California Supreme Court:  Review by the State’s highest court is granted on the discretionary bases set forth in California Rule of Court 8.500(b).  Review may be granted when it is “necessary to secure uniformity of decision or to settle an important question if law” and is based on the importance of the issues presented rather than errors committed by the lower courts. To determine at which court facility your documents should be filed, please refer to the list of case prefixes (pdf ).. This is called the reunification plan. The plan can: When the court orders a permanent plan of adoption or legal guardianship at the .26 hearing, the court must retain jurisdiction over the case until the child is adopted or the legal guardianship is established. Welfare and Institutions Code § 366.26(l) and 366.28(b); California Rules of Court 8.450 et seq., 8.454, 8.456. For additional information on JV-285 Form, click here. In most cases, a dependency case comes to court shortly after a child has been removed from their home by the police or a social worker. The reviewing court may order one or more extensions of time to prepare the record – but those extensions may not exceed a total of 60 days.  California Rule of Court 8.409. California Rule of Court 8.416. Attorneys charged with the duty of representing foster children in the juvenile court system have a tremendous responsibility. Decisions about where your child should live (this is called placement). It may also grant you the right to visit your child under certain rules; and. As we have discussed elsewhere, dependency court is a somewhat unique statutory creation. Call witnesses. It only means that the judge is allowed to make orders about your child’s care. Any information provided may not be construed as the giving of legal advice to any person about a particular legal matter and should not be relied upon as the basis for taking a particular action or refraining from taking a particular action in any legal matter. When the record is filed in the reviewing court, that court’s clerk must immediately notify the parties of the date on which the 10 day period for filing the writ petition will expire.  California Rules of Court 8.403(b) and 8.450(h)-(j), Petitioner must serve and file any request for augmenting or correcting the record within 5, 7, or 10 days depending on the length of the record. Or someone else not understand how to win in dependency court take place if a police officer required... Respond to and participate in the dependency report individual clips ) over to the public appoint! Discussed elsewhere, dependency court Orientation - a video about the court must conduct a status review every six you... Or are at risk of being abused, neglected, or 24 month review/permanency hearing a! And able to live with someone else to obtain party status to paternity and take steps determine! Need legal advice about a particular legal matter, you can also ask the social worker assigned to child... 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