All You Need To Know About Juvenile Dependency

By Deanne Shepard


The state is allowed by the law to come into the family set up to seek the protection of a child from harm within. This is called juvenile dependency action. A dependent child is a child who has been abandoned, abused or neglected or has no parent or guardian.

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 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.

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 child is adjudicated as dependent, a disposition hearing follows the jurisdictional hearing immediately. Using the court report, the judge makes a ruling regarding minor placement and gives court orders in how the reunification should be carried out.

Often, periodic hearings are held to review the situation of both the parents and the kid. At 6 months the court reviews whether the situation has improved for the parents and how the kid is coping. A 12 and 18 month review is held to determine if the parents are ready for their child back. An implementation hearing is held to give permanent plans to the children. Of course the most permanent 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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