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.
When seeking for dependency the first step is protective custody. This is where the judge rules whether the child is safe at home or if they should be under care in an out of home situation. The members of law enforcement are tasked with removing the child from the apparent risk and placing them in a place that is safer for 72 hours. This also provides an opportunity to address the problems that the state deemed fit to get involved.
The minors are placed in a home or an emergency foster care. During the hold, the case is investigated. From here the case may either be dismissed if there was no actual risk for the minor afterwards they are returned to their parents or guardians. The case may also be dismissed but with conditions such as specified services provision for the family. Another course of action is a dependency petition filed on behalf of the child.
The process of petitioning dependency is long. The first hearing is the detention hearing. This is after the 72 hour period and using the intake report the judge makes a ruling regarding the evidence for prolonged detention of the child. A court briefs the parents on the proceedings. The outcome is that the judge may release or detain the teenager awaiting a jurisdictional hearing.
If the juvenile is detained, the tribunal begins to look into the case and makes a report addressing the family history and dynamics. In addition, it reports on continued risk for these youths and makes suggestions about placement and reunification of the teenager. Visitation times by the family may be arranged.
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.
If the minor is now adjudicated as a dependent, the next step is a disposition hearing. The judge uses the report of the court to decide the placement of the minor and also orders on the process of reunification should be carried out. Placement may be temporary such as in a Foster Care or with very 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.
Dependency petition is a lengthy and emotionally difficult for both parents and children. Hiring an attorney is advisable so that you do not have to do all the court work. Remember to cooperate fully with the court, attorneys and Social Services to get your child back as soon as possible.
When seeking for dependency the first step is protective custody. This is where the judge rules whether the child is safe at home or if they should be under care in an out of home situation. The members of law enforcement are tasked with removing the child from the apparent risk and placing them in a place that is safer for 72 hours. This also provides an opportunity to address the problems that the state deemed fit to get involved.
The minors are placed in a home or an emergency foster care. During the hold, the case is investigated. From here the case may either be dismissed if there was no actual risk for the minor afterwards they are returned to their parents or guardians. The case may also be dismissed but with conditions such as specified services provision for the family. Another course of action is a dependency petition filed on behalf of the child.
The process of petitioning dependency is long. The first hearing is the detention hearing. This is after the 72 hour period and using the intake report the judge makes a ruling regarding the evidence for prolonged detention of the child. A court briefs the parents on the proceedings. The outcome is that the judge may release or detain the teenager awaiting a jurisdictional hearing.
If the juvenile is detained, the tribunal begins to look into the case and makes a report addressing the family history and dynamics. In addition, it reports on continued risk for these youths and makes suggestions about placement and reunification of the teenager. Visitation times by the family may be arranged.
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.
If the minor is now adjudicated as a dependent, the next step is a disposition hearing. The judge uses the report of the court to decide the placement of the minor and also orders on the process of reunification should be carried out. Placement may be temporary such as in a Foster Care or with very 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.
Dependency petition is a lengthy and emotionally difficult for both parents and children. Hiring an attorney is advisable so that you do not have to do all the court work. Remember to cooperate fully with the court, attorneys and Social Services to get your child back as soon as possible.
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