California Dependency Can I Raise Issues at the 18 Month Review That I Raised at the 12 Month Review

Entering the Dependency Court Organization

Juvenile dependency court can accept a meaning impact on the lives and futures of children and families. In nearly cases, a dependency case comes to court before long after a child has been removed from their home past the police or a social worker. The police or social worker may remove a child from their home if they have a reason to believe the kid is non rubber, or if there is a apparent threat against the safety and well-being of the child.

The court's say-so for dependency cases is found within the California Welfare and Institutions Code. (WIC § 300 et seq.)

When to Appear in Court

If your child has been taken into protective custody, you lot will exist notified to announced in court past a social worker. The social worker volition endeavor to contact you in-person or over the telephone and provide you lot with a date and time to appear at the courthouse.

If your children are taken into protective custody, and you are not aware of the circumstances, you may call the Orangewood Children's Center for more data.

Dependency Hearings

The circumstances of a dependency instance will determine when and which type of dependency hearing will take place. The juvenile dependency court is responsible for ensuring the safety and well-beingness of children that have been, or are at a significant run a risk of becoming, abused or neglected. The court's role is to ensure that the rights of children and their family are protected and exercised in accordance with the law. The courtroom besides ensures that the authorities has performed its duties every bit appropriate under the law and appoints an attorney to represent each parent/guardian and child.

During these hearings the court volition consider several issues related to each case. The courtroom may consider data regarding the severity of allegations, the age of the children, police and social worker reports, medical and psychiatric reports, family unit history, kinship (relatives), and oral arguments from attorneys. Attorneys are appointed by the court for each child and parent/guardian for each case. Testimony may be heard from people such as social worker(s), law officers, parents, family members, doctors, teachers, witnesses, and in some cases past the child(ren).

The following nautical chart illustrates the procedure and related time-frames of dependency hearings:

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Flowchart of juvenile dependency proceedings

INITIAL HEARING / DETENTION HEARING:

Dependency court hearings are initiated when the Social Services Agency files a petition with the court. The petition identifies the child(ren) and parent(south) involved with the case, and describes the allegations of corruption or neglect against the child(ren). The court clerk files the petition and assigns the case to a courtroom for an initial hearing. The initial hearing is also called a "detention hearing" if a kid has been taken from their habitation and placed into protective custody.

The following actions occur at the detention hearing:

The court gives the parents a notice about what is happening (the "proceedings").
The parents become a copy of the petition and any other documents for the case.
The courtroom tells the parents what can happen in a dependency case.
The lawyers for all sides (called "parties") innovate themselves to the court.
The court writes downwardly the names of the child(ren)'s relatives, if possible.
If possible, the court confirms who the parents of the kid(ren) are; also called "parentage."
The court decides if the kid(ren) should stay with a parent(s) or alive somewhere else until further proceedings take place.

If the court places a child away from a parent, the courtroom may make visitation orders so the parent(s) can come across the child(ren). The courtroom will besides tell the parent(southward) where they can get help so the kid(ren) can be returned into their custody.

The court also decides if the Social Service's Agency made a "reasonable try" to continue the child(ren) with the parents.

JURISDICTIONAL HEARING:

At the jurisdictional hearing the court decides if what the petition alleges is true. The court has three ways to do this:

The parent(s)/guardian(s) admit the petition is true.
The parent(s)/guardian(south) do not disagree with the petition (called "submission").
The parent(south)/guardian(s) dispute, or competition the petition. Both sides give the court evidence at a hearing. Then, the court finds the petition to be true or not.

Before the judge accepts an admission or submission, the courtroom has to be sure the parent(s)/guardian(s) desire to "waive" (requite upwardly) their right to a trial. This means the parent(s)/guardian(s) are giving up the right to see, hear and question witnesses, and to bring in their own witnesses, testify, or choose to remain silent.

DISPOSITIONAL HEARING:

If the court decides the petition is true, it volition say what should happen with the child(ren). The judge can:

Dismiss the case.
Let the child(ren) alive with a parent(south)/guardian(south) on a "family unit maintenance" program. This means that a social worker and the court supervise the child(ren) while under the care of a parent(s)/guardian(s).
Take the child(ren) away from the parent(s)/guardian(s) and send the kid(ren) to live with a relative, foster parent(due south) or group home and offer the parent(s)/guardian(s) family unit reunification services.
Take the kid(ren) away from the parents/guardian(s) and not offer family reunification services to get their kid(ren) back. If this occurs, there will be a hearing within 120 days to decide where the child(ren) will live permanently ("permanent plan").

The court may not allow the parent(s)/guardian(s) endeavour family reunification services if:

The brother or sister of a child has been seriously abused or killed.
The parent(south)/guardian(south) had some other child taken away past the court.
The parent(s)/guardian(s) tried family unit reunification services in the past and they were canceled.
The parent(s)/guardian(due south) have serious drug or psychiatric issues that are not being treated.
There are other reasons the court may not social club family reunification services and order an alternate permanency plan for the child(ren).

Vi-MONTH REVIEW:

This hearing lets the court see:

How the kid(ren) is doing, and
How the parent(southward)/guardian(s) is doing with the services the courtroom ordered.

If the child(ren) lives with a parent or guardian, the courtroom tin:

Dismiss the instance, or
Keep supervising the child(ren) with family unit maintenance.

If the child(ren) does not alive at home, the court tin

Give the child(ren) dorsum to a parent(s)/guardian(s). The family unit will stay with family unit maintenance, or
Keep the child(ren) out of the business firm and social club family reunification services.

However, if the kid(ren) was under iii years old when the court took them away from the parent(south)/guardian(s), the court tin stop family unit reunification services. This happens if the parent(due south)/guardian(s) do not participate or exhibit advisable progress in treatment programs.

12-MONTH REVIEW:

At this hearing the court decides if the child(ren) will return to the custody of their parent(s)/guardian(s). If not, the courtroom volition cancel the services then the child(ren) can receive a permanent plan. The court will ready a hearing to determine a permanency programme for the child(ren).

The courtroom can let the family unit reunification services go along for some other vi months if there is a skillful chance that the child(ren) will return to the custody of their parent(s)/guardian(south).

eighteen-MONTH REVIEW:

At this hearing, the courtroom decides if the child(ren) will become back to the parent(south)/guardian(s). If non, the judge will abolish family reunification services. The courtroom will accept a hearing to decide a permanent plan for the kid(ren).

Family MAINTENANCE REVIEW:

The court may have this hearing to:

Check up on the child(ren),
To see how the social worker is working with the family, or
To come across how the parent(s) are doing with their example plan.

SELECTION & IMPLEMENTATION ( WIC § 366.26 HEARING):

At this hearing, the court makes a permanent plan for the kid(ren). The plan(southward) can:

End parental rights so the child(ren) tin can be adopted,
Proper noun a legal guardian for the child(ren), or
Place the child(ren) with a relative, foster parent, or in a grouping home for an extended period of time.

If parental rights are terminated, the court's preferred choice for a child'due south permanent plan is adoption; with an culling being legal guardianship. Some other option for a permanent plan is a long-term placement, however this is the to the lowest degree likely choice to give the child a permanent home.

Mail-PERMANENCY PLANNING HEARING:

This hearing determines if progress is being made to discover a permanent abode for the child(ren) and if the example can be dismissed. This type of hearing tin occur every vi months until the case is dismissed.

Dependency Court FAQ

~Coming before long~

Additional Resource

Orange County Social Services Bureau Dependency Court Video (English language)
Orange County Social Services Agency Dependency Court Video (Spanish)
"What's Happening at Courtroom?" (English) – Activity volume for children who are going to court in California
"¿Qué Sucede en la Corte?" (En Español) – Libro de actividades para niños que van a la corte en California
Kids and the Police: An A-Z Guide for Parents provided by the California Bar Association (English and Spanish versions available)
When You Become 18: A Survival Guide for Teenagers provided by the California Bar Clan (English and Spanish versions available)

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Source: https://www.occourts.org/self-help/juvenile/dependency.html