Parents who have had their children taken from their custody by Socail Services have had to endure one of the most difficult moments of their lives. Often times, Social Serices will remove custody of a child/children from the parents in response to annonymous reports of child abuse and/or child neglect.
In some cases, removal of the child from the parents' home is based on innacurate reports and is unjustified. In other cases, removal is approriate. In either event, both parents should seek an experienced juvenile dependency lawyer who can assist them to reunify and regain custody of their child/children.
At California Criminal Defense Center, you will be assigned a lawyer who has been staffed as a full-time juvenile dependency lawyer in a California juvnile court. That means you are gauranteed a lawyer who has appeared on thousands of Juvenile Dependency cases and has litigated practically every kind of hearing in cases in Southern California courts. We can obatin optimum results in your case for the following reasons:
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Our thorough understanding of Juvenile Dependency law (Welfare & Institutions code section 300) |
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Our familiarity with the unique courtroom procedures in dependency cases |
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Our familiarity with the attitudes and expectations of judges and social workers |
After a child is physically removed from the home, a social worker has two days to file a petition asking the court to make the child a dependent of the court. A hearing will be scheduled where the judge will issue orders about how the child will be supervised, cared for, and who will have custody over them
If the judge makes your son or daughter a dependent of the court, the court can take the following action:
1. Allow you child to return to your home but remain under the court's supervision, or
2. Require that your chiild live in a different home under court supervision (ie. foster home), and allow you to have limited visitation.
If you are a parent who feels that your child has been unfairly taken away from you due to a juvenile dependency matter, please contact us. You have a right to have a lawyer present your case at trial. A lawyer will also be appointed to represent your child. Please be mindful that your child's lawyer is required to represent your "child's best interests." In many cases, the child's lawyer will take a position that is contrary to both the child's wishes and the parents' wishes.
If there is a trial, the following could take place:
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The court schedules the trial date at the first hearing and notifies you of the date and time. |
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The social worker assigned to your case files a report with the court that details your case and recommends where your child should live until the next hearing. |
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The social worker works with you to present a case plan to the court which may include:
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Family and individual counseling. |
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Courses on parenting. |
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Substance abuse treatment. |
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Scheduled visits with your child. |
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Services that will help reunite you with your child (if your child is taken away from you). |
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Resources that will allow your son or daughter to be assigned a guardian or be adopted if parent-child reunification becomes impossible.
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A judge will reevaluate your case twice a year, and a hearing will be scheduled every six months. If, during the six months, you did not follow your case plan or communicate with your child in any way and your child was under three years of age when she was removed from your care, the court can decide to terminate any services that could help reunite you with your son or daughter.
If reunification services are ended, a hearing will be scheduled within four months where a "permanent plan" will be set up for your child to be adopted, placed in foster care, or appointed a legal guardian. Your parental rights may be terminated.
You can ask your lawyer to help you develop this permanent plan. If you do not wish to be reunited with your child, a lawyer can also advise you about surrendering your parental rights.