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.

The process begins by protective custody. A judge decides if the child is safe to remain at home or if they should be in out-of home care. The law enforcement removes the minor from the alleged risk and holds them in a safer place for 72 hours. This is also a chance for the parents to address the problems that may have led to involvement by the state.
The holding for the minors is usually in foster home offering emergency services. The 72 hours is also a chance for investigations into the case and the evidence gathered used to determine the case. The case is dismissed if there is no risk found. The dismissal may also be under the condition of provision of specified services to the family. Another outcome is a dependency petition for the teenager.

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.

In the case that the child is detained, the investigations are begun and a report is made which addresses the issues revolving around the family-history and dynamics. It also talks about the continued risk towards the teen, recommends the plan for placement and reunification. Visitation by the family is also arranged so that they are able to see their child.

A jurisdictional hearing is held not more than 15 days since the detention hearing. This is when court decides if the petition is true. The judge uses the report submitted to the court and rules for dependency of the minor. The outcome for a teenager may be ether released that is case dismissed or adjudicated as a 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.

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
A jurisdictional hearing is held not more than 15 days since the detention hearing. This is when court decides if the petition is true. The judge uses the report submitted to the court and rules for dependency of the minor. The outcome for a teenager may be ether released that is case dismissed or adjudicated as a 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.

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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