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INTRODUCTION TO JUVENILE DEPENDENCY LAW

CACI DEFENSE

The Top rated Child Abuse Central Index (CACI) Defense Attorney serving Los Angeles County, Orange County and Ventura County.

JUVENILE DEPENDENCY LAW

Top Juvenile Dependency lawyer serving Los Angeles and Ventura counties.

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    introduction to juvenile dependency law

    Juvenile dependency is an area of law that is intended to protect children who may have been abused or neglected by their parents or guardians. The investigative process is triggered after a referral is made to Child Protective Services (DCFS, CPS, HSA, CFS) stating that a child has been abused or neglected. The referral may come from an ex-spouse, neighbor, physician, therapist, teacher or from law enforcement. Upon receipt of this referral, CPS will initiate a child abuse investigation and attempt to ascertain if that child is being mistreated or abused. Parents are entitled to legal representation at the onset of the investigation and should retain the services of a Juvenile Dependency Lawyer who is familiar with a parent’s rights during a CPS investigation. If CPS finds that child abuse has occurred and there is no way to protect the children other than for Superior Court to oversee the matter, the family will need a Dependency Attorney to represent them in court. The Superior Court requires that the Dependency Attorney have specific training and experience handling these types of cases. If a parent counsel does not have the requisite experience as a Juvenile Dependency Attorney, the court will request a waiver from the parents that they are waiving their right to be represented by an experienced Dependency Attorney or grant the parent a brief continuance to hire a Juvenile Dependency Lawyer.

    LEGAL SERVICES PROVIDED

    Representation during cps investigations

    SOCIAL WORKER INVESTIGATIONS

    CPS investigations are initiated by a call to the Child Abuse Hotline or through a referral by a mandatory reporter such as a teacher, physician or therapist. Our office provides legal representation during the initial stages of the investigation before the social worker interviews the parties and decides to file a Child Abuse Petition against the parents. The earlier we are involved in the investigatory process the likelier it is we can prevent a Child Abuse Petition from being filed.

    Informal supervision agreements ("301" contracts)

    INFORMAL SUPERVISION AGREEMENTS (“301” CONTRACTS)

    When CPS concludes their investigation and finds that child abuse has taken place but believes the underlying issues can be addressed by CPS supervision in lieu  formal supervision by the Superior Court, they may ask the parents to sign a supervision contract AKA 301 Contracts.   301 contracts require parents to complete a range of educational programs addressing issues from domestic violence to substance abuse.  The contract may require  the parent to participate in individual and conjoint counseling, parenting classes,  medical training to meet a child’s special needs and drug/alcohol testing.  It is important to consult with an attorney before entering into a 301 contract.  We represent parents during contract negotiations to attain the most favorable terms for parents ensuring they are limited in scope and time.

    Children's court representation

    CHILDREN’S COURT REPRESENTATION

    There are many court proceedings in a Juvenile Dependency case.  Our law firm aggressively represents parents and guardians throughout all phases of Children’s Court litigation from the arraignment hearing through the trial to the subsequent review hearings until the case in closed.

    Relative placement issues

    RELATIVE PLACEMENT

    The law requires that certain classes of relatives of children who have been detained by CPS be given preferential placement consideration. These relatives have the right to demand that their homes and backgrounds be assessed first and can retain an attorney to secure this preferential consideration. Our firm represents relatives who qualify under the preferential relative statute both before and after the initiation of formal court proceedings. 
    Los Angeles dependency lawyers play a crucial role in ensuring that the rights of relatives under the preferential relative statute are upheld. In cases where children have been detained by Child Protective Services (CPS), these attorneys specialize in advocating for the rights of family members who seek to provide a safe and stable environment for the child in question.

    Caretaker/foster parent rights

    FOSTER PARENT/CARETAKER RIGHTS

    7 Day Notices of Removal: If you are a foster parent or relative caregiver and CPS attempts to remove a child placed in your home, they are required to give 7 days notice before removal (w/ exceptions) and notify you of your rights to appeal this decision.  We represent individuals who wish to challenge these removal efforts.

    De facto parent applications

    DE FACTO PARENT APPLICATIONS

    If you are a relative or foster parent who has been the children’s primary caretaker for a substantial period of time, you may have the right to participate in the Childrens Court proceedings and have an attorney represent your interests.  We can draft and file this motion to designate qualified relatives and foster parents as De Facto Parents and represent them at the hearings in court.

    Adoption home study appeals

    ADOPTION HOME STUDY APPEAL

    If CPS denies your Adoption Home Study you will not be able to adopt the child in your care. You have a right to challenge the home study denial by requesting a grievance hearing. We represent prospective adoptive parents in the grievance hearing process to overturn the home study denial and keep your family’s adoption plans in place.

    JUVENILE DEPENDENCY ATTORNEYS:

    Juvenile Dependency Law is an extremely specialized area of law.  The California Rules of Court require attorneys who practice in this field to have an expertise in Juvenile Dependency Law and familiarity with all state and local rules for Children’s Court.  During the attorneys' initial appearance, they are required to submit a Declaration of Competence under oath attesting to their expertise in Juvenile Dependency Law.

    INITIAL COURT HEARING:

    The first court proceeding is referred to as the Detention Hearing and the following issues are addressed: 1) The parent's arraignment; 2) Placement and Visitation Orders; 3) Selection of future court dates including a trial schedule in the event the matter can not be resolved through attorney negotiations.

    TRIAL:

    If a parent disputes the charges in the Child Abuse Petition they have the right to have a Court Trial.  If their child is detained from their custody, the trial must take place within 15 court days of the detention hearing and 30 days if the child was not removed from their custody or was released back to the parent at the Detention Hearing.  Parents are afforded all of the same due process rights they are entitled to in any other Superior Court proceeding. The parent’s attorney can subpoena relevant witnesses and examine them on the stand under oath.  During the trial, with a few exceptions, CPS has the burden to present evidence to the court that the alleged abuse in the petition occurred.   The child has a court-appointed attorney in every case who advocates for whatever position they feel is in the child’s best interests.  Oftentimes this recommendation is contrary to the parent’s wishes and requests.