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.
Protective custody is usually the first stage in seeking for dependency. A commissioner or judge decides whether it is safe the minor remains at home or is better in another out of home set up. Law enforcement is required to get the minors from the harm at home to safer place and hold them for 72 hours. This period also gives an opportunity for the parents to address the concerns of the state about the minor.
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.
Where the minor is detained, the court begins investigations and makes a report which seeks to address the family history. It also seeks to report about any continued risk to the juvenile and suggests a plan on where to place and reunify the child. Family visitation is also arranged.
Within 15 days after a detention hearing, jurisdictional hearing takes place. The report made to the tribunal is used to make a decision about the dependency of the juvenile. The result is that the child may be released if case is dismissed or he or she may become dependent.
If the minor is now adjudicated as a dependent, the next step is a disposition hearing. The judge uses the report of the court to decide the placement of the minor and also orders on the process of reunification should be carried out. Placement may be temporary such as in a Foster Care or with very close relatives.
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.
Protective custody is usually the first stage in seeking for dependency. A commissioner or judge decides whether it is safe the minor remains at home or is better in another out of home set up. Law enforcement is required to get the minors from the harm at home to safer place and hold them for 72 hours. This period also gives an opportunity for the parents to address the concerns of the state about the minor.
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.
Where the minor is detained, the court begins investigations and makes a report which seeks to address the family history. It also seeks to report about any continued risk to the juvenile and suggests a plan on where to place and reunify the child. Family visitation is also arranged.
Within 15 days after a detention hearing, jurisdictional hearing takes place. The report made to the tribunal is used to make a decision about the dependency of the juvenile. The result is that the child may be released if case is dismissed or he or she may become dependent.
If the minor is now adjudicated as a dependent, the next step is a disposition hearing. The judge uses the report of the court to decide the placement of the minor and also orders on the process of reunification should be carried out. Placement may be temporary such as in a Foster Care or with very close relatives.
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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