 Services can be extended from the 12 month hearing to a date 18 months from the date of initial removal only if the court finds that there is a substantial probability the child will be returned and safely maintained in the home. If your services are terminated that means that the goal for your case has changed from getting you back together with your child to finding a permanent home (that is not with you) for your child. Testimony may be heard from people such as social worker(s), police officers, parents, family members, doctors, teachers, witnesses, and in some cases, the child(ren). The parent has made significant and consistent progress in the prior 18 months in resolving problems that led to the child's removal from the home. At the jurisdiction hearing the court decides if what the petition alleges is true based on the evidence before the court.  Welfare and Institutions Code § 366.25(a)(3). The petition must be served and filed within 10 days after the record is filed in the reviewing court. Any response must be served within 10 days, or if the petition was served by mail, within 15 days after the petition is filed; or within 10 days after a respondent receives a request from the reviewing court for a response, unless the court specifies a shorter time. California Rule of Court 8.456(c), The reviewing court must hear oral argument within 30 days after the response is filed or due to be filed, unless the court extends the time for good cause or counsel waive argument. If argument is waived, the cause is deemed submitted not later than 30 days after the response is filed or due to be filed. California Rule of Court 8.456(g).  Welfare and Institutions Code § 334. Click for information on Rights of Fathers and Other Parents to find out more about parentage and paternity in juvenile court. The judge will also appoint a lawyer for the other parent of your child if he or she shows up for the first court hearing. The appellate judges have 90 days from the date the case is submitted to decide the appeal. Download or listen online to … If a child has been taken into protective custody, the Department must file a petition within 2 court days. The petition initiates dependency court hearings, identifies the child(ren) and parent(s) involved with the case, and describes the allegations of abuse or neglect against the child(ren). Petition for Review to the California Supreme Court: Review by the Stateâs highest court is granted on the discretionary bases set forth in California Rule of Court 8.500(b). Review may be granted when it is ânecessary to secure uniformity of decision or to settle an important question if lawâ and is based on the importance of the issues presented rather than errors committed by the lower courts. The reviewing court may order one or more extensions of time to prepare the record â but those extensions may not exceed a total of 60 days. California Rule of Court 8.409. If your child does not live with you, whom should your child live with? After investigating the social worker will do one of the following: One of the most important things to do when your child is removed is to give the social worker information on your family members. Dependency court culminates with an adjudicatory hearing, the Florida Statute setting out the procedures concerning how to conduct an adjudicatory hearing is found in Florida Statute Section 39.507. If the child was younger than three at the time of initial removal, reunification services are to be offered/provided for a minimum of six months from the date of disposition. If the juvenile court finds at the jurisdiction hearing that the child was abused or neglected, the court may decide to make the child a dependent of the court. The citations in this benchbook have been abbreviated to improve the flow of the text. County child welfare agencies are accountable to the juvenile courts as they propose outcomes for initial case disposition hearings and review hearings.Welfare and Institutions Code § 300 et seq. Initial Appearance Hearing 3. When a child is taken into protective custody, the social worker or probation officer must take immediate steps to notify the childâs parent, guardian or a responsible relative. Being in the system does not necessarily mean that your child will live with someone else. the other parent if you and your childâs other parent are not together. This includes information on how to file a VA disability claim, what information/evidence is needed to win ⦠Click on the links below for more information about how dependency court works.  Welfare and Institutions Code § 361.5(a)(1)(C). What is the court process in dependency and neglect cases? Attend all of your appointments and all of your hearings to stay informed and involved. Save legal fees. Attend the first court hearing. Click for help finding a lawyer . A There is no cost for the Courtâs in-house Dependency Mediation services. The clerk of the court will mail you a notice of that decision.Â. The child has a right to participate in his or her dependency case. Before the court hearing the social worker will provide all the attorneys and the judge with the petition and the written report that talks about the reasons the petition was filed. Q Is it necessary for parents to have an attorney in Dependency Mediation? The parent has made significant progress in resolving the problems that led to the childâs removal from the home. Pre-Hearing, Mediation Conference & Preliminary Protective Hearing 2. Terminate parental rights and refer the child(ren) for adoption; Order a tribal custom adoption for an Indian Child (termination of parental rights not required); Name a legal guardian for the child(ren), and issue letters of guardianship;Â, Place the child with a fit and willing relative; or. These court hearings are dependency status review hearings, which in different courts can also be called status review hearings, periodic review hearings, or DSR hearings. At each review hearing be it 6, 12, 18, or 24 months, the court must return the child to the custody of the parents unless there is evidence before the court to establish that return would be detrimental to the child. Watch the 5-hour video seminar (54 individual clips). For more information about the role of minor's counsel, see our Attorneys Representing Children page.Welfare and Institutions Code § 317(e), Participants Involved in a Juvenile Dependency Case, Appellate Review of Dependency Court Orders, Placement Decisions made after Parental Rights are Terminated (post .26 hearing), Filings that Can be Done at Any Time in the Case, Commonly Used Juvenile Dependency Court Forms. The dependency process usually follows accusations of abuse, neglect, or abandonment and can result in the child’s removal from the parents’ custody. The judge will order you to complete all the reunification services. Contempt of court refers generally to any willful disobedience to, or disregard of, a court order or any misconduct in the presence of a court or action that interferes with a judge's ability to administer justice or that insults the dignity of the court, and is punishable by fine or imprisonment or both. 'General practice' family law attorneys will be unprepared for the quirky procedures of Dependency Courts. Any cross-appeal must be filed within 60 days of the order being appealed or within 20 days of the clerk sending the initial notice of appeal. There will be many things that you do not understand. The social worker can talk to your child at school without you being present. The plan can: When the court orders a permanent plan of adoption or legal guardianship at the .26 hearing, the court must retain jurisdiction over the case until the child is adopted or the legal guardianship is established. Dependency Cases Continued. I had the help and support of an amazing advocate and political dissident, Joseph Sarandos. To make that finding of a substantial probability of a safe and lasting return within the period to the 18 months hearing the court must make all of the following findings: Welfare and Institutions Code § 366.21(g)(3), If the court finds by a preponderance of evidence that it would be detrimental to return the child and there is substantial probability of return and finds by clear and convincing evidence that reasonable services have been provided, the court may terminate reunification services and set a § 366.26 hearing within 120 days to determine the permanent plan. Courts, this hearing, the judge jailed three children for not having … court! To you prior to the juvenile courtâs ruling that the judge will ask how to win in dependency court there a... And can deny the allegations made about you and your childâs life should consult a lawyer, social... To respond to and participate in your reunification plan, the court is available... 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