The Process Of Seeking Juvenile Dependency

By Deanne Shepard


It is legally right for the state to meddle in family affairs if trying to protect a child from harm occurring in the family unit. This process is known as juvenile dependency. A child who is abandoned, neglected, abused or does not have parents is known as a dependent child.

The process begins by protective custody. A judge decides if the child is safe to remain at home or if they should be in out-of home care. The law enforcement removes the minor from the alleged risk and holds them in a safer place for 72 hours. This is also a chance for the parents to address the problems that may have led to involvement by the state.

The 72 hour hold is usually in an emergency home or foster care. During this period, the case is under investigation after which the facts are used to review the case. The case may be dismissed if no risk was found after which the parents and the minor are united. Special conditions may be imposed to the family and services provided. The other course of action is filing a dependency petition.

Petitioning dependency is often a long procedure. A detention hearing is usually the first stage after holding. The intake report is used by the judge to make a decision whether the juvenile should continue under detention. Parents are briefed on proceedings of the court. The result is that the teenager may be released or detained further while awaiting jurisdictional hearing.

In the case that the child is detained, the investigations are begun and a report is made which addresses the issues revolving around the family-history and dynamics. It also talks about the continued risk towards the teen, recommends the plan for placement and reunification. Visitation by the family is also arranged so that they are able to see their child.

After 15 days following a detention hearing, a jurisdictional hearing is held. The judge makes a ruling on the petition. Using the information submitted the judge rules for the child dependency. The young one is either released after a case dismissal or he or she may become legally dependent.

Once the minor is legally dependent a disposition hearing takes place. The report of the court is used to decide where to place the minor and also issue orders about the procedure of reunification. The minors may be placed in a temporary situation such as in a foster home or with close relatives.

There are periodic hearings that are held to check up on the situation. A 6 month review assesses the situation of parents and also that of the youth. At 12 months and 18 months review it is determined whether the minor should go back to the parents. At an implementation hearing, the court charts a permanent plan for the juvenile. The most permanent plan is adoption.

The child dependency action is long and emotionally draining for parents and minors. It is advisable to hire an attorney to handle the work in court. Appearing for the court proceedings and cooperation with Social Services is important in ensuring your child comes back.




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