The dependency process usually follows accusations of abuse, neglect, or abandonment and can result in the child’s removal from the parents’ custody. They support its conclusion that the daughter was dependent on both wife and husband. If you are a parent and your child was removed from the home because of child abuse or neglect, this page is for you. For children under three at the time of removal, the statutory time limit on renunciation services for parent is six months from the date of disposition unless the parent has made substantial progress and the court finds the child may be returned to a safe home by the date of the 12 month review hearing or reasonable services have not been provided to the parents. When the record is filed in the reviewing court, that courtâs clerk must immediately notify the parties of the date on which the 10 day period for filing the writ petition will expire.Â California Rules of Court 8.403(b) and 8.450(h)-(j), Petitioner must serve and file any request for augmenting or correcting the record within 5, 7, or 10 days depending on the length of the record. The clerk of the court will mail you a notice of that decision.Â. The court determines the schedule for trial if the case remains open. Initial Appearance Hearing 3. Â Again there must be a preponderance of evidence for the court to find it would be detrimental to return the child(ren) to the parent or the court must order return. Object. To determine at which court facility your documents should be filed, please refer to the list of case prefixes (pdf ).. The court appoints an attorney to represent each parent/guardian and child. 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. Most of the time, you will have a year to complete your requirements if you keep making progress. 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. 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 Dependency Process Judge Corey Sanders (88 mins) This presentation is presented to Judicial Officers in State and Tribal juvenile dependency matters to explain the role of the judge in dependency proceedings including federal legislation. Post Termination of Parental Rights Placement Decisions, The continuing necessity and appropriateness of the placement, Identification of individual (other than the child's siblings) who are important to a child 10 years of age or older and actions necessary to maintain the child's relationship with those individuals. Â Welfare and Institutions Code Â§ 366.25(a)(3). If you cannot afford to pay for an attorney, the Judge will appoint a lawyer to represent you, if you qualify based on your income. Â However, if the parents fail to participate at all in the services offered or fail to make any progress whatsoever a petition may be filed to bring that to the attention of the court and request the court terminate reunification services before the six months are up. Superior Court of California, County of Riverside. Â The reporter must prepare, certify and deliver to the clerk the necessary number of copies for filing and service. Allow extra time to find a parking space, make your way through security, and find the courtroom. If the child is 10 years of age or older and has been placed out of home for more than six months the court must determine whether efforts have been made to maintain relationships with individuals who are important to the child. Foster family agencies (FFAs) may be responsible for the day-to-day casework with foster children in California if the child is placed in foster care through an FFA. Attend the first court hearing. Decisions about where your child should live (this is called placement). If you do not participate in the services set forth in your reunification plan, the court can terminate your services. Â Welfare and Institutions Code Â§ 361.5(a)(1)(C). There are special rules in the child dependency court that make it easier for the court to find the allegations against you true. 3. No more guesswork. Petition for Rehearing:Â If the court of appeal's decision is against you, you may wish to petition for rehearing. This includes information on how to file a VA disability claim, what information/evidence is needed to win â¦ 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. The petition has a list of things that are numbered, like A-1 or B-1. If the child is released determine whether the petition is to be dismissed or the case is to proceed. A Â§ 342 subsequent petition follows the same timelines and procedures as an initial Â§ 300 petition. The social worker does not need a court order to talk to your child at school, as long as there is not a police officer present when the social worker talks to your child. 'General practice' family law attorneys will be unprepared for the quirky procedures of Dependency Courts. Most dependency lawyers know how to get your kids back. Inquire as to paternity and take steps to determine paternity as early as possible. A long term planned permanent living arrangement is the third choice: Long-term planned permanent living arrangement means that your child will continue to live with foster parents, either related to her or him or unrelated. Â Â Welfare and Institutions Code Â§ 388(c), If the court finds that there is a substantial probability of safe return by the time of the 12-month hearing, the court may extend services for an additional period, but no longer than twelve months from the date the child entered foster care. The social worker will tell you when and where the detention hearing is going to take place. Â If the petition is not filed within the requisite time, the child must be released back to the parent or guardian. The following chart illustrates the dependency hearing proceedings: A child in need of immediate care or protection may be placed into temporary custody by a peace officer or protective services social worker. The social worker can talk to your child at school without you being present. the date reunification services were terminated at a 6, 12, 18, or 24 month review/permanency hearing. A non-custodial parent who's trying to get custody can utilize this information in court to prove a continuous and meaningful relationship with the child. It only means that the judge is allowed to make orders about your childâs care. Â Welfare and Institutions Code Â§ 342, The social worker can file a "supplemental petition" in an on-going case to request removal of the child from the custody of parent, relative, or friend or to request authorization to move the child to a higher level of care such as a relative to foster home or foster home to group home. If you make progress, your child could be returned to you prior to the next court date. Most petitions for rehearing are summarily denied, some with a slight modification of the opinion.Â Nonetheless, there are three things that get a reviewing courtâs attention in a petition for rehearing: that the court (a) misstated a fact, (b) miscited a case, or (c) erred in its legal analysis.Â A petition for rehearing is also recommended if you plan to petition for review in the Supreme Court. The parent has consistently and regularly contacted and visited the child. The judge jailed three children for not having â¦ California Rule of Court 8.450(g), The clerk must immediately notify each court reporter to prepare and provide to the clerk a reporterâs transcript within 12 days and within 20 days prepare the clerkâs transcript. 4th 1238; Melinda K. v. Superior Court (2004) 116 Cal. At this hearing, the court makes a permanent plan for the child(ren). In child dependency cases, the first appealable order is the dispositional order.Â Every order after disposition is appealable (by following the procedures for a general appeal), with two exceptions.Â The first exception is a challenge to an order setting a â.26 hearing (also known as Welfare and Institutions section 366.26 hearing to terminate parental rights).âÂ The second exception is a challenge to a placement order made post-termination of parental rights (post â.26â).Â In both instances, a challenge must be made via writ petition NOT as a general appeal. The questions about the other parent are needed to find out who your childâs legal parents are. At the first hearing a few different things will happen. Â Â Welfare and Institutions Code Â§ 361.49, Children who are removed at the same time as their brothers or sisters are considered part of a âsibling group.â This concept of a "sibling group" applies to half sibling and step-sibling relationships, as well. 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