There is no disputing that the juvenile dependency process is complex. The process begins with Social Services. When an individual contacts Social Services about an alleged incident of neglect or abuse, an investigation will begin, and a qualified social worker will begin to review the situation. After making their evaluation, the social worker will determine if the child is currently residing in a safe environment. If the social worker determines that the current environment is not safe for the child, they can take custody away from the parent or legal guardian. Obviously, this course of action can be an extremely painful experience.
During this process, it is extremely important that you have a knowledgeable Orange County juvenile dependency attorney representing you at every stage of the proceedings. At Moore Law for Children, we can zealously advocate for you to help you obtain the appropriate result.
Child dependency cases, the initial hearing, or detention hearing, determines at the outset whether the child should be removed from the parent or guardian’s home while the case is pending. Many times, the child has already been removed based on a removal warrant. If your child has been removed and you do not receive a copy of the hearing date and time promptly, you should contact the court immediately, especially if you recently changed your address. Moreover, you should show up to your hearing with legal counsel present.
During a detention hearing, the court will decide whether your child can return home with you or whether your child must remain under the care and supervision of Social Services. During this hearing, you have a right to be arraigned on the petition and admit or deny the pending abuse or neglect allegations against you. You should have experienced legal representation who can help you show the court that your child should reside in your home, and come up with a safety plan.
The judge will examine all of the facts and circumstances and make a determination whether there is prima facie evidence of the allegations. This is a low standard and the court need only find whether the allegations “on their face” create a substantial risk of harm. In cases where a court determines that the child should be detained from one or both parents, the court may place the child in a foster home, with a relative or close family friend, or with a non-custodial parent.
When you speak with your lawyer, you should tell them about any relatives who can provide care for your child in the event the court determines that your child cannot return home.
Following the initial hearing, the court will set a jurisdiction and dispositional hearing. At this stage, the social services will conduct a full investigation into the allegations, present a report, and the court will determine whether the allegations ro true or not. At this hearing, you have the right to testify, call witnesses and cross-examine the social worker.
If the court finds any of the allegations to be true, then the court must hold a disposition hearing. Oftentimes, the jurisdiction and disposition hearings are held on the same day. At the disposition hearing, the judge will determine whether the child should be removed from one or both parents, or legal guardian. If the child is removed, the court will determine whether the parent or legal guardian is entitled to reunification services. In most cases, parents are eligible to reunite with the child upon satisfying certain requirements pursuant to a proposed reunification case plan including appropriately tailored services to remedy the issues that brought the case to court.
If a reunification is ordered by the court, the law requires a report be prepared and a review hearing be held within six months from the date of the disposition. During this hearing, the court will determine the amount of progress you have made regarding the reunification plan. At each review hearing, the social services agency has the burden of showing a risk if the child were to be returned to the custody of the parent or legal guardian. Otherwise, the court must return the child. However, if the parents or guardians have not made sufficient progress, the court will set a further 12 -month review hearing. If, at the time of removal, the child is under 3 years of age or part of a sibling group that includes a child under 3 years of age, then the reunification period is limited to 6 months. If the child or children are 3 years or older at the time of removal, then a parent or legal guardian is entitled to 12 months from the time of initial removal. If the court determines that your child still cannot return home after 12 months, in some cases the court can extend the reunification period to 18 months or schedule a permanency hearing, at which time the court will determine a permanent residence for your child, and consider terminating parental rights. For example, the court may decide that your child should reside with a relative – or in foster care – on a permanent basis.
